Car Insurance Decided 50/50 Split for Crash?

Lturk182 on 28/03/2017 - 17:45
Last edited 31/03/2017 - 17:57

So few months back i was in a car accident. At a roundabout, driving straight through the roundabout using the right hand lane, when i was approaching the exit another car to my left decided to join. I did actually see the car but assumed that car was going to use the same exit as me. Well we crashed and now my insurance company is saying its a 50/50 split where we both pay the excess and each insurance company will pay for their own clients car.

I personally think this is wrong as i believe i had right of way and was about to exit when the crash occurred so i believe it should be 100% fault to the third party.

So just wondering what others think ? and should i lodge a complaint with my insurance company and take things further or just accept the 50/50 split.

  • Have already received my car back from the repairer and so far haven't paid any excess yet as they took awhile to reach a decision *

Car crash

Update: 30/03/17 8:30pm
third party are now claiming i entered the roundabout with them and that i changed lanes and crashed into them!!!!???
link to my comment

Update 31/03/17 5:20pm
Now have all the facts
Worthless insurance company, third party look to be telling truth
Link to my comment with third party photos and statement

Automotive

Comments

    • tomsco on 31/03/2017 - 14:52

      The angle of impact and the OPs work location will help.

  • lookalive on 31/03/2017 - 12:32

    Insurance companies up to their old tricks again, they'll use every excuse to deny payout.

    I had a similar accident many years ago, I was going straight through a roundabout, but because the roundabout is very small, single lane entry, it's hard to determine who entered first. However, this roundabout in particular, has higher traffic volume in the direction that I was driving, so it was to my shock that the driver would accelerate at the very last millisecond to take me on. Well, it failed, and I hit the driver side door. The other insurance company (NRMA) denied responsibility, stating that I had hit the car behind the a pillar, meaning the driver was "more" advanced into the roundabout than I was. I drew a picture as they had asked, and even though I showed them my distance from the exit point of my side of the roundabout (yes, getting very technical) was further than the other car's distance into the roundabout, they still refused responsibility. I asked my insurance company about the process in which they go through to determine who is at fault. They told me that, they and the other insurance company's rep would sit at a table and discuss the matter and come to a conclusion, there's no lawyers of such, they, themselves determine outcome.

    Would it be feasible to take this matter to court? The other driver has not taken reasonable effort to avoid an accident, and you were already on the roundabout.

    Third party are now claiming i entered the roundabout with them and that i changed lanes and crashed into them!!!!???

    The claim that you "entered the roundabout with them" is ambiguous, ask them to explain. The two lanes on the roundabout permits the driver to go straight, so even if you changed lanes mid way through the roundabout (who would do such a thing?) it's not illegal. They are obviously denying responsibility by using dirty tactics.

    I've been driving around with a dash cam now for over a year, irrefutable evidence. None of this he say, she say, crap.

    • natman on 15/04/2017 - 04:59

      I don't know if it is relevant though, whether or not you were driving in the direction with higher traffic volume. That is not how roundabouts are supposed to work.

  • turk182 on 31/03/2017 - 17:20

    UPDATE UPDATE:
    Crazy!, ok so now my insurance company has provided me with the third party actual statements and diagram of the incident. Appears third party didn't. actually lie and looks like they are telling the truth I actually had to re listen to the conversation i recorded yesterday between me and my insurance to double check what they said, i now think the conflict is between me and my insurance company, the diagram provided by the third party seems to almost be exact as mine ( crash site little different on map + i ended up closer to third party starting point).

    Im lost as to why my insurance company told me a different story, perhaps they couldn't see the white lines on the third party diagram??
    everything i have been telling my insurance company seems to match the third party…

    third party diagram

    Third party statement
    " I was stopped waiting the left hand lane to enter the roundabout of Ashley drive and Isabella drive towards the ashley drive( my second exit). I have checked my right hand side to see if any cars were coming and didnt see a car coming to, so i entered the roundabout. After i have passed the first exit and towards my second exit, my car was hit on the rear right door by the other car and was sitting on the trianle area between the first and second exit of my driveway"
    Quoted letter for letter

    Just as i had originally thought that they didn't see me on the roundabout hence why we ended up crashing

    I have pushed it further to customer relations where a independent review will take place and my case manager will make contact within 5 business days

    All the problems appear to be coming from my gutless insurance company

    • bobbified on 31/03/2017 - 17:39
      +1

      How does that diagram even work? It looks like the other car has turned right against traffic when entering the roundabout!

      my car was hit on the rear right door by the other car

      You hit the other driver's REAR door - not the front driver's side corner (as you've indicated in your own diagram)?
      You would've had a pretty good view given it's "straight ahead" so I find it hard to believe you didn't/couldn't try to take action to avoid an accident.

      • turk182 on 31/03/2017 - 17:53

        yeh i think my replies got lost in the thread + my paint skills new more work
        where i state what side crashed what and that i attempted to steer away
        yeh if i just kept going straight away without braking or trying to steer away i think i would have t boned the other driver and probably would have been some injuries

        • bobbified on 31/03/2017 - 17:57

          That makes more sense - I must've missed that bit! My bad!:)

          I hope you've got that in your statement.

        • turk182 on 31/03/2017 - 17:58

          @bobbified:
          all good , i just updated my original pic to better represent what happened
          defiantly have that in my statement

        • Mrbean007 on 31/03/2017 - 18:14
          -1

          @turk182:

          So other car was already in round about you where in left lane to go straight the guy veared in to left lane to go straight while he was in the right lane and hit you why did he even vear into the left lane if he was going straight he should of stayed in right lane was he driving a semi or something ?

          Also you where in left lane can you go straight at that round about or do you have to turn left if not you are clearly in the right

      • McFly on 02/04/2017 - 07:38

        It looks like the other car has turned right against traffic when entering the roundabout!

        Exactly! Takes about 2 seconds to work that out. Something strange going on…

    • smartazz104 on 01/04/2017 - 20:23

      Third party diagram looks like nothing like yours, no wonder your insurance company isn't playing ball.

    • tomsco on 10/04/2017 - 09:07

      Hey mate, any luck getting a positive resolution?

      • turk182 on 10/04/2017 - 12:27

        insurance had offered to waive my excess but still 50/50 split so may affect my renewal. am currently at the independent advisor stage. they have 15 business days to give me a verdict

        • tomsco on 10/04/2017 - 12:39
          +1

          Gee. What a pain. All the best!

  • venu on 31/03/2017 - 20:37
    -2

    The third party is lying. Not your insurance company.

    As per third parties statement it is 100% your fault because if you had crashed AFTER the second exit you should have remained in the right hand lane to turn right and never crossed lanes and made contact with them. (I.e. they are saying your you weren't going straight)

    Alternatively with your statement they are 100% at fault. You say you were going straight. So you had every right to cut across the lane and exit the roundabout. And they did not give way to you.

    Ultimately it's your word against theirs where the crash was. I think your story is far more plausible and they are lying about where the crash was. However you have no proof. A dashcam, witness statements or even photos of the crash site (e.g. the debris) would have helped your cause.

    If you have none of the above I would try the above suggestion of showing your Google maps activity history to prove that you always go straight at that intersection.

    Good luck.

    • turk182 on 31/03/2017 - 20:53

      thanks for the feedback. google maps would have been good but so used to leaving my data and location off to preserve my battery

      • Hirolol on 01/04/2017 - 21:29

        leaving my data and location off to preserve my battery

        people actually do that?
        with all the car usb adaptor and usb cable deals on ozbargain shouldnt you have atleast a QC 4 port USB Adapter and maybe a blitzwolf usb cable? unless you are not a true ozbargainer…
        jokes.
        usually depending on how far trip i am doing i find its best to use google maps, even if im going to the city which obviously i know how to get there and is 30mins away, it tells you if there are any delays on your route.

  • turk182 on 14/04/2017 - 11:37
    +3

    UPDATE UPDATE:
    The independent adviser which works for my insurance company has reviewed all the data from both parties in relation to the incident and has awarded me faultless benefits on this claim, which means i am not liable for the incident and there is no applicable excess. they are now going to pursue all costs from the third party insurer

    final words: I'm glad i decided to fight the judgement given and thanks for the all the comments that help me make this decision
    edit: am currently searching for a quality dash cam

  • [Deactivated] on 14/04/2017 - 11:40

    what a cluster f***

    Glad you got it sorted OP

    you're in the right by all accounts, even had a look at your drawing, drop kick insurance company or the other driver didn't tell the actual truth

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