Driver Hit Side of My Car and Now His Insurance Company Is Demanding $7000. HELP!

Lfield1985 on 13/12/2016 - 17:47
Last edited 14/12/2016 - 20:03 by 1 other user

Hey everyone,

My car was involved in an accident in Melbourne, I believe the other driver was at fault, because he turned into the side of my car, but now his insurer is demanding $7000 for the cost of repairs to his vehicle. My car was not insured at the time because it was my old car which I was preparing to sell. The damage to my car has been quoted at $1400.

There is no dispute about what occurred, but the road rules are vague regarding the line markings and who had right of way.

Basically, he was in a long line of traffic at the lights, as I went past on the left (to turn left at the green arrow) he turned into my car, causing damage to driver's door (see photos), and damaging the front left of his bumper.

The problem arises because there are no lane markings where the accident occurred about 10 cars back from the intersection (they only start a 10 metres before the intersection). Therefore his insurer is claiming he was already in the "left lane" and therefore had right of way.

From the best of my reading of vicroads rules, I had right of way because he "must give way to a vehicle which has any part of its vehicle ahead of yours" even if "there are no lines marked on the road." (Source Zip Merging )

But I'm not an expert, nor can I afford proper legal advice. So I am hoping someone out there can suggest what I can do?

The other drivers insurer has given me until friday to tell them how I wish to proceed; court or payment. I'm a student, so I can't afford to do either (especially if I lose and have to pay court costs). I've talked to legalaid but all they did was send me an email pack that wasn't very helpful.

Who can give expert advice regarding road rules? police? vicroads?

Any help or suggestions would be much appreciated.

This is the location of the accident
And here's a diagram.

Thanks!

EDIT: Here are the photos of the damage
Other Car
My Car
Close up of damage to my car

Poll Options

  • 36
    Who was at fault in the accident?
  • 15
    <Me>
  • 299
    <Other Driver>
  • 4
    <50/50>
  • 3
    <Not sure>
Automotive

Comments

        • grasstown on 18/12/2016 - 18:21

          Don't get apprehensive about the negs. I think I negged you.

          This post is a typical ozbargain special where the OP gives the story so that it is favorable to them and hides the full story.

          As you can see from the map the OP links, the lane is single lane, then around the bend the single lane widens until it is wide enough for two cars and then it becomes two lanes.

          The fact it is a single lane is verified by the post you and I are replying to, who lives near this street.

          This is the google map showing a single lane wide enough for two cars. As you can see cars travel in the center and someone can still be towards the center of the road going left while a car sneaks in on their left. The lane is quite wide.

          https://files.ozbargain.com.au/upload/28589/45016/image.png

          Your road rules does not apply to this situation as it is not two lanes just yet.

        • tomsco on 18/12/2016 - 21:24

          @grasstown: on the contrary, if you're referring to the rule I like, it expressly refers to roads without lines.

          That this road does have lines should not supersede the linked rule… obviously not every situation can be accounted for in the road rules, so I'm sure a judge would be happy to make a decision on this case if it ever got to that stage.

          My arguments are:
          * As you yourself stated, the lane is wide enough to fit two cars
          * Once it is officially marked as two lanes, it's a solid white line, indicating that the unmarked approach prior needs to be used to move into the far left lane.

          As to whether the OP is being honest, I see no reason for the moral to come here and lie. Ultimately it will be the insurance company/judge they have to prove their case to, if they've come here with false information and we provide answers as such, they will only disadvantage themselves if they are proved lying.

          So assuming the OP is truthful, the diagram suggests the car was stopped. The lane was wide enough for two cars. Taking into account the right line of traffic was stopped, it makes sense that the OP could travel download the left side of that lane to turn right.

        • grasstown on 18/12/2016 - 23:26

          @tomsco: the op does not say that the other driver was stopped

        • cameldownunder on 19/12/2016 - 15:32

          @tomsco: It will surprise how many roads that I believe are single lane, become two lanes in the opinion of rowdies and careless drivers.

  • McFly on 22/12/2016 - 10:29
    +2

    Would love to hear from the people saying this is overtaking on the left: When there are cars lined up in the 'right half' of the left lane - especially in heavy traffic when the line at the intersection would constantly go past the solid line - how is someone supposed to turn left or enter the driveway just before the intersection?

    • tomsco on 22/12/2016 - 22:28

      100%. While the rules are completely clear on two lines of traffic and undertaking, in general it does state that you can undertake if the traffic in the right lane is stopped (as per OP's advice).

    • McFly on 08/01/2017 - 19:16

      What no takers? You've had plenty of time to think about it…

  • tomsco on 04/01/2017 - 15:49
    +2

    Any update, OP?

  • McFly on 08/01/2017 - 19:23

    My nephew has just taken his car in to be repaired after weeks of fighting the other drivers' insurance company who were trying to blame him for the accident. I told him to stick to his story (ie. the facts) and don't let them extort him.
    What happened was he was driving down a large road minding his own business when a truck decided to change lanes and went into his side.

  • borgsta on 11/01/2017 - 17:21
    +1

    Any update to this OP?

  • McFly on 16/01/2017 - 09:56

    OP?
    Are you there?

    • McFly on 28/02/2017 - 10:52

      OP?

  • [Deactivated] on 01/03/2017 - 19:30

    $7000 is more than the worth of the repair i guess!

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