Unfair Insurance Verdict. Opinions or Possible Assistance UPDATED WITH DIAGRAM

LRJL on 15/05/2017 - 01:38
Last edited 15/05/2017 - 14:11 by 1 other user

Diagram:

(http://tinypic.com/r/1zpjkti/9)

Hi Guys I don't know if this is the right section to post this so forgive me if its the wrong section. I just want to seek the opinion or any possible advice or assistance you guys can provide on how to handle this manner.

I was involved in a car accident during the start of this year at Queens Lane & Kings Way Melbourne

I am coming from Queens Lane. It's a one way only lane. I am trying to turn left into Kings Way coming from the left lane. It's a 3 way lane. The first lane was occupied but the 2nd and 3rd lane was starting to move. All the cars on my right are all stopped, within the border of the keep clear area, which made it safe for me to turn. So I had to enter the keep clear area in order for me to turn. Then a car from the other side of the road just hits me before I even got the chance to turn
I got hit on the passenger side bumper were fogs lights would be located. Based on the updates and statements that my insurance company has provided me, the other driver was attempting to turn right into Queens Lane. But Queens Lane is strictly no entry as you can only exit from Queens Lane.

But my insurance company has somehow came to the conclusion that I am at fault. Because based on the road rules, if I'm coming out of a street I have to excerise a higher degree of caution to everyone else already established on the main road. Which I understand, and I did pay attention to the road which I am attempting to enter but of course my side of the road. It seems unfair because the other person entered my side of the road attempting to turn right into Queens Lane. which you can't. It's an accident that I simply couldn't avoid. He came from the other side of the road, how am suppose to watch out for that. I just want your opinion guys, is the insurance companies verdict fair or right? Because I did thread caution for my side of the road, How would I even be able watch of other side of the road its a completely different flow of traffic.

Automotive

Comments

  • Toons on 15/05/2017 - 02:14
    +1

    1st Edit your post put (brackets either side so the link can be accessed without copying it.

    If your not happy with the way this is progressing you can check to see if they fall under the Financial Ombudsman Services. the web portal will tell you if they fall under their review.

    Contact Vic DOT or the RACV they might be able to give you advice as to who is technically right or wrong. Maybe see if you can get some statements.

    See if you can have a chat to the police in that area if you take some decent diagrams you might get a reason as to why they or coming to that apparent conclusion or some statements to back up your case

    so on the map are you coming from the south which lets you turn south left, right or straight if so what lane were you in and where was the point of collision and he was travelling east in the right hand lane trying to turn right.

    seems odd from what you have explained if he was making an illegal turn as you state and the way the intersection looks.

    • altomic on 16/05/2017 - 21:45

      this

      Financial Ombudsman Services

      last week I did a day of training with the QLD Ombudsman. their message was that they review the power and decision making of the organisation and direct them if they are doing something incorrectly.

      keep a record of all the inquiries you've made and what has occurred. insurance companies are not powers unto themselves. they have accountable to the Ombudsman.

  • whooah1979 on 15/05/2017 - 06:19

    then a car from the other side of the road just hits me before i even got the chance to turn.

    were you stationary in the left turn lane at the give way sign?

    • RJL on 15/05/2017 - 14:01

      I creeped my car out. turn into either the 2nd or third lane I stop momentarily to prepare to turn, then i got hit. I was coming from the left turn lane

  • Dancasper on 15/05/2017 - 08:17
    +1

    The intersection has a shocking lack of signage for an intersection with a one way road. Google streetview shows only one No Enter on the eastside of the intersection and the sign is bent, facing east. I dont know about Vic but in NSW, there would a No Right Turn facing Kings Road eastbound and 1 or 2 No Enter signs either side of Queens Lane facing north.

    Did you turn from the left most lane? Queens Lane has a dedicated middle (straight) and a right turn lane. If you were turning left from the middle or right lane (say, because the left lane was blocked by queuing traffic in Kings Road) then you weren't exactly in the legal right either.

    It seems really odd you were deemed at fault as the other driver also has to exercise caution when navigating the intersection. What did the insurance company say? Surely they should have justified the decision.

    • Toons on 15/05/2017 - 09:58

      Agree intersection was shocking

      the image of the sign was from 2014 so it may be clearer now or at least straightened up, i still however fail to see it could of been his fault from description even the excuse

      —Because based on the road rules, if I'm coming out of a street I have to a higher degree of caution to everyone else already established on the main road—

      agree to the cars affecting Cars on your side of the road as you but not those you have nothing to do with such as a car making an attempt at an illegal turn.

      it's like saying you can't turn left on to any street if there is a car coming the opposite direction on the road your entering —that car had 2 options straight or turn left into the top of queen neither interfere with RJL

      (https://fos.org.au/resolving-disputes/before-you-lodge-a-dis…)

      Get some info from here look to see if your insurer is a member most large ones are.

    • tomsco on 15/05/2017 - 10:27

      100% about the sign. Very inadequate.

    • RJL on 15/05/2017 - 13:55

      I came from the spot with the arrow turning left i creeped my car out toward the 2 and 3 rd lane. then i got hit before i manage to turn. i got hit on the passenger side bumper were the fog lights are

    • RJL on 15/05/2017 - 14:16

      the insurance company told me since I'm coming out of a lane or street that I have the responsibility to exercise a higher degree of caution. the other person was already established on the main road in there eyes which is why they am deemed at fault by the books. it's the reason why i found it unfair, because she attempted to turn right which in turn occupied my side of the road.

  • airzone on 15/05/2017 - 08:23
    +3

    They're probably insuring the other car too, and are claiming both drivers are at fault.. Double excess + premium hikes..

  • altomic on 15/05/2017 - 08:57
    +1

    Do they offer you a right to appeal or provide reasons for their decisions? You should be able to request the reasons for the decision and they should be able to provide you with avenues for appeal. Contact them and find out - use email as it is a record.

    • RJL on 15/05/2017 - 13:53

      I tried making an appeal with coles insurance they said it can take up a month. i keep calling to check up and getting mixed answers like its stil being processed. or its already been concluded its my fault etc… now im getting a letter of intention to sue from ladies insurance company, Asking me to pay up which is weird cos you'd think my insurance company and the ladies insurance would be that stuff

  • plmko on 15/05/2017 - 09:41

    Haha this road is an absolute death trap, they should seriously block off Queens Lane, time after time you see people who get frustrated and totally ignore giving way to people going straight on Kings Way.

    But anyway they deem you at fault because you are not 100% right, maybe something like 70-90% right since the other car was turning right.

    • Toons on 15/05/2017 - 10:40

      If you fail at first take on main roads they should have had a no right turn prior to intersection.

      This seems like the root cause

      The only possibly way i could say he may have been allowed to even turn there at all would be a U turn.

      I don't know the road or from Vic so not sure if a u turn is allowed there

      Checked the u turn and even that he has to allow you to move first

      this seems crazy unless there is some details missing.

      • plmko on 15/05/2017 - 11:37

        You can most definitely make a right turn from Queens Lane, but from the other side, see the map. I've also seen people do this and it is legit.

        However I am thinking it is not a 100% case of right turn must give way type rule because it is a Keep Clear zone and none of the drivers have completed the turns.

        In any case, an insurance decision doesn't imply who is right or wrong, it is simply them saying there is fault for both drivers and their policy may allow them to charge excess unless you are 100% not at fault.

        • Toons on 15/05/2017 - 11:53

          you're correct if your talking about heading north which changes into a 2 way street at that point meaning your travelling west to turn right

          but from this the driver making incorrect turn was traveling east and shouldn't have been there at all

  • whooah1979 on 15/05/2017 - 09:48
    -3

    the other driver was attempting to turn right into Queens Lane. But Queens Lane is strictly no entry as you can only exit from Queens Lane.

    The only sign I can see is a no entry sign. There is no signs prohibiting a vehicle from turning right from kings way.

  • apple2016 on 15/05/2017 - 10:59

    the other driver was attempting to turn right into Queens Lane

    So the other driver was going in the opposite direction into a one way road? Or was he doing a u-turn? To me it looks like both possible action of the other drives are illegal.
    Was the incident reported to the police? what was their verdict?

    But my insurance company has somehow came to the conclusion that I am at fault. Because based on the road rules, if I'm coming out of a street I have to a higher degree of caution to everyone else already established on the main road

    Where did your car hit the other car? If you hit the side or rear of the other car, you might be at fault.

    • RJL on 15/05/2017 - 13:47

      Hi based on the statements my insurance company gave me. the lady was trying to turn right into queens lane. the place i was coming from. no it wasn't reported to the police no one was injured we just exchanged details and lodged a claim with our insurance companies. it hit the passenger side bumper fog lights area

  • Toons on 15/05/2017 - 11:21

    (https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…)

    Even this set of video's put him in the wrong from vicroads

  • noyesmaybeok on 15/05/2017 - 11:37

    Both are fault?

    Let's say I see someone coming out of a one way street, I can't change my direction and hit him. I'm making an illegal turn, and also creating a hazard.

    If he's moved into an intersection that wasn't clear, then he's at fault.

    If he doesn't illegally turn, accident doesn't happen (I'm assuming this accident happening inside the 'clear area' right? Basically he left the lane and went onto the opposite side of the road. He would have then been stuck, and had to possibly reverse back into traffic to get back in his lane).

    Can't see how anyone could argue guy making an illegal turn can't be at fault in an accident that occurs on the opposite side of the road where he should not be.
    But you're still 50% to blame IMO (I'm assuming fault can be split)

    Better to talk to whoever deals with this stuff, they do it for a living and will have lots of experience; not armchair people like us. We did road rules at trivia night and let me tell you it was NOT surprising how many people didn't know the rules (everything thinks they do, though).

  • Toons on 15/05/2017 - 12:05

    the keep clear is for drivers heading straight and turning right onto kings street when traffic gets stacked to give them a chance to get out or across

    and drivers turning right onto the north side of queen street which is 2 way

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