[RESOLVED] Recently Involved in a Car Crash but Uninsured

justinvu on 06/05/2018 - 16:20
Last edited 21/05/2018 - 12:28 by 2 other users

Hi guys,

I've recently involved in an accident and really need your advice as a way of preparation before things start going unfavorably for me.

Here is a summary:

  • I drove a Audi Q3, which belongs to my friend, who unfortunately did not buy any insurance (Yes I know, right !!!).
  • The other driver, who drove a Holden Cruze, had comprehensive insurance with Eric Insurance.
  • The incident happened at a petrol station where we were both trying to exit on the drive way.
  • Usually I would queue up and exit the station one by one, however, there was a large amount of space on her left hand side and because of the fact that she didn't not put on her signal light + it was possible to turn right from the drive way -> I decided to pull my car to her left, side by side.
  • We both tried to turn left to exit from the drive way -> I stopped immediately after realizing she was turning left on to me. However it was too late and we had a collision on my front right. She had a much heavier damage including 2 left doors, 1 rear left quarter panel & 1 rear bumper.

Luckily I had the full footage of what happened thanks to the kind servo manager - link of the footage - updated to actual speed

Let me know your opinion in this circumstance and comment the reason for your vote. I would also greatly appreciate if any one has experience in this kind of situation can share the possible outcome that I may face.

I have a feeling that this will be a lengthy process going back and forth with their insurer.

Edit: Can now confirm the video was 2x speed. Video duration was 21s but actual footage shows 42s of recording time. That means i waited twice as long, drove half as fast, proceeded with more caution while the other driver had 4s intead of 2s chance to turn left with more chance of checking blindspot but didn’t. Thanks viper8548 for the tip to check the video speed.

Edit 2: Video reposted with actual speed - so for those with faster fingers than brains, I drove at a normal speed, waited 6 secs before proceeding to crawl forward after seeing the other driver proceeded rightward. The video now showed clearly the other driver changed her mind at last sec and hit me while I was stationary (I stopped and she hit me)

UPDATE: Just had a call from the insurer confirming the following:

  • Their client was AT FAULT for not indicating and for not checking blind spot when turning.
  • They believe I did contribute to the accident in certain extent.

They offered Each Bears Own at this stage - however, are willing to consider some small compensation amount after I have my car checked out at their authorised repairer. I did make them confirm their offer because I didn't want them to turn around and settle by 50-50 as the other car's damage costs $8k to fix while mine is probably $2-3k.

I would like to thank those who have judged the situations fairly and given your opinions only based on only the facts - It's been a great help for me to gather up the reasons to stand on my feet against the insurer. For others, who have made stereotype comments based on your prejudice about people driving nice car, people that drives without insurance etc., I hope you know what to do next time, because everyone is DIFFERENT.

Poll Options

  • 510
    I was at fault and will be paying for both cars' damages.
  • 165
    The other driver was at fault and her insurer will cover both cars' damages.
  • 5
    The other driver was at fault and her insurer will cover only her car's damage.
  • 138
    Both drivers were at fault and each driver to pay for their own damage.
Automotive Accident

Comments

    • Mrgreenz on 07/05/2018 - 15:32
      -1

      Terrible advice IMO

      • UFO on 08/05/2018 - 14:02

        If by terrible you mean right, then I agree.
        Check out my above post for the actual law. Whether you think its terrible or not isn't the point. It's correct.

  • leznix on 07/05/2018 - 10:42
    +1

    My thoughts:

    1. If the other driver had indicator on, OP would not assume the other car in front was going to turn right.
    2. OP should not assume what the other driver was going to do.
    3. I believe the drive way is big is to allow large vehicle to drive out not for 2 lanes exit, so squeeze in to the left is a no no.

    Both drivers made mistakes that caused the accident and unfortunately OP broke more traffic rules/rule courtesy. Split the repair cost.

  • slipperypete on 07/05/2018 - 10:46

    So many woulda shoulda coulda comments here. Don't you think these things have already gone thru his head like a million times? So why keep repeating them

    People just love to say I told you so or wag the finger

    We all make errors……hope this gets sorted amicably, not just for you but also the other driver

  • kiwijunglist on 07/05/2018 - 11:16
    +2

    I would argue that.

    1 She wasn't indicating when you pulled up beside her.

    2 The angle of her car was not indicative of turning left.

    3 She knew your car was on her left because she moved slightly to the right to accommodate your vehicle.

    4 Your vehicle was stationary and she made a turn without looking both ways and hit your vehicle.

    I'm not sure if the video footage helps you or hinders you.

    Id probably state that the lady was turning right then changed her mind turned left without looking hit your stationary car and not supply the video at this stage and see where you get with her insurance company.

    The insurance company will likely internally find you at fault because it's cheaper and I'm not sure if you will win in court or can afford to pay for court.

    Maybe it's better to tell the police about the accident because it's free if they allocate the blame whereas in court you are at a disadvantage as you don't have an insurance company lawyer.

    If the damages are high if you get a lawyer and consider setling out of court for partial damages?

    Caveat I'm no lawyer and have no experience in these matters.

  • zond on 07/05/2018 - 11:31
    +1

    I can't see why you would be at fault!!
    yes, you/friend didn't have insurance - that sucks.
    yes, you drove and stopped fast - thats not welcome at all.
    but turning left from the right lane without looking or whatever other f**ing reasons not an excuse to crash.
    man up, fight the other insurance company not to pay for her damage. However you have to suck up your own repair costs.
    Sorry if I am not going with most the ozbargainers opinions.

    Edit: changed my mind seeing the slow video. you both motioned, so both guilty.

  • Aust on 07/05/2018 - 11:33

    OP, do you have any insurance on your own motor vehicle? If so check if you policy provides cover for non-owned vehicle liability.

    • John Kimble on 07/05/2018 - 11:36

      That exists?! I thought it was per car…

  • phillay on 07/05/2018 - 11:43

    you might end up paying for your own damages

  • full0085 on 07/05/2018 - 12:01

    Sorry OP but to me it looks like you were at fault in the accident. As everyone else said, yes the other driver indicate, but neither did the OP.

  • MadTacoWarrior on 07/05/2018 - 12:08

    I don't know. It appears to me both parties are at fault.
    Your friend and you will have to pay for a fair portion of damages. Being an Audi, it will be expensive.

  • thierry on 07/05/2018 - 12:10
    +1

    without noticing the other drivers indicator, i assumed that she was turning left, so unfortunately I would say you are at fault. She didn't indicate she was turning right either..
    never a good idea to overtake on the left hand side.

    At best it will be a 50% fault.. so you might get away with paying half. the remaining 50% you might end up paying to lawyer anyway.

  • shangoz on 07/05/2018 - 12:18

    Best way check how old of that Car, and the market value, then pay it for wipe off, no insurance means no legal aid, simple can not win when fight with insurance company.

  • centrelink on 07/05/2018 - 12:25
    +1

    I've never seen 2 cars in a lane going out of a servo

    • godofpizza on 07/05/2018 - 12:50

      now you have

      • h4zey on 07/05/2018 - 14:39

        and it didn't end well

  • Destin on 07/05/2018 - 12:26

    What sort of dividing line is in the middle? Any driveways across the road?

    • justinvu on 07/05/2018 - 13:23

      Single broken line which the other driver can turn right i think

      • Destin on 07/05/2018 - 20:38

        If there's a driveway on the opposite side you could claim they were indicating they were driving straight.

        • justinvu on 07/05/2018 - 21:08

          There's a road opposite to the driveway there, which can be accessed.

  • mezje on 07/05/2018 - 12:36

    what a train wreck. expensive life lesson for you

  • Dont Care on 07/05/2018 - 12:41

    Which service station. What is the name of the road. I still find it hard to believe OP was thinking lady was crossing two lanes of traffic travelling to the left to travel in the opposite direction. I'd imagine there was a line.

    • justinvu on 07/05/2018 - 13:22

      Unfortunately i cant say it because the servo station don’t want others to know he gave me the footage. But the line is unbroken single line which allows the other driver to turn right - I think :)

      Edit: meant to say single broken line. My bad

  • TheBilly on 07/05/2018 - 12:53

    OP you have done well by posting up the video footage. Now please post up the result for whichever outcome you pursue.

    • justinvu on 07/05/2018 - 13:21
      +4

      Thanks mate - will do

  • trapper on 07/05/2018 - 12:58
    +3

    I don't think this was your fault, the other car turned into you.

    Also the other car wasn't even indicating left until AFTER you had established position on its left.

    • HeWhoKnows on 07/05/2018 - 13:01
      -2

      Cant prove any of that. OP jumped the queue and thats a fact!

      • follow on 07/05/2018 - 13:04
        +1

        Looks big enough for two cars one for left and right?

      • berry580 on 07/05/2018 - 13:19

        There’s no queue on the left, not sure what fact you’re talking about.

        After all there’s sufficient space for op’s car to fit in, you’re not gonna call that the emergency lane, would u?

    • h4zey on 07/05/2018 - 14:38

      you should be knocking!

  • HeWhoKnows on 07/05/2018 - 13:00
    -1

    Never a good idea driving a friends car as you never know if they are insured and if you are covered.
    Never a good idea to jump queues as you did as you are always at fault.
    May sound harsh but you must now suffer the consequenes.
    A lesson or 2 hard learnt….dont do it again.

    Unfortunately whatever anyone says here is not going to change your situation.
    You will never win against insurance companies who employ the best lawyers.
    Good luck!

  • [Deactivated] on 07/05/2018 - 13:10
    +1

    Genuinely surprised people will loan out their cars uninsured.

    If the OP was told by the owner that they were covered by the vehicles insurance, and the owner let that insurance lapse, then its 0% the financial responsibility of the person involved in the crash to cover costs.

    • PissLUR on 07/05/2018 - 13:17
      +1

      well, the person involved still need to pay the claim excess imho.

      • [Deactivated] on 07/05/2018 - 15:01

        Good point. I agree with you on the excess. I did not take that into account.

  • berry580 on 07/05/2018 - 13:16
    +6

    OP pulled up next to another car’s left hand side that’s positioned to turn right and then the other car turns left into OP’s car. Don’t understand all the negativity and blame on OP.

    • cloudy on 07/05/2018 - 15:09
      +6

      I think whenever someone says they are not insured Ozbargain deems them at fault for all life’s problems.

      • justinvu on 07/05/2018 - 17:56

        Best comment today !

  • Domingo on 07/05/2018 - 13:16
    +4

    Lucky there were no pedestrians coming along the footpath, the other car could easily have hit them as they clearly didn't look left before turning left. Other driver also didn't indicate until very late in the process - both bad things.

    However, OP was pretty impatient. Would have been better to give a short toot of the horn whilst still sitting behind to remind the other driver to indicate. You've essentially overtaken someone on the left and they've hit you, not expecting you to be there.

    Best case is probably each side covers their own costs, worst case is OP's side is up for all costs.

    • Mike88 on 08/05/2018 - 08:00
      +1

      Tooting drivers is probably more dangerous, too many people take it as an offence these days

      • Domingo on 08/05/2018 - 10:03

        Yep - gave someone a sustained toot for cutting into a line of traffic the other day, he ended up brake checking us and getting out of the car.

        Was tempted to submit the video to the police/crimestoppers but they don't make it easy!

  • Mrgreenz on 07/05/2018 - 13:26
    +3

    Looks like they decided to turn left when they couldnt go right. The way then turn on the indicator whilst driving into you would bolster this argument IMO.

    Looks like they said screw it ill go left amd hit the indicator on. Probably thinking the right indicator was already on. Then proceeded…. As many poor drivers do to drive into an area they have not visually checked because it is on their left.

    I would be interested to know who they deem at fault. I would say a bit of both

  • neosin on 07/05/2018 - 13:28

    can someone add the thuglife music to the video?

    “move biach, get out the way, get out the way”

    that one 😂😂😂

  • Dont Care on 07/05/2018 - 13:40

    are you certain the car was registered? if the car wasnt insured and the owner is overseas you would want to be certain the car was registered.

  • ev3nfl0w on 07/05/2018 - 13:49
    +2
    1. Other car didn't indicate. Neither did you.
    2. Irrespective of what the personal situation was, you drove someone else's car without insurance.

    I think this is pretty clear cut that you have just paid for a very expensive lesson.

    • cloudy on 07/05/2018 - 15:07
      +1

      Wait, there’s illegal about driving someone’s else car, or driving a uninsured car. So it doesn’t automatically mean every incident is his fault, and deserves to pay up.

      I hate these senseless comments.

      • Aneurism on 07/05/2018 - 22:33

        It does mean that they will try to use every excuse possible to not to pay though.

  • cathalm8 on 07/05/2018 - 14:02
    +1

    Mate you can argue your point and you should. At the very least they will make you an offer for how much you are liable for. There is room for negotiation. Do not just accept full responsibility.

  • reon on 07/05/2018 - 14:32
    -5

    No way you will win this case,
    1. Never take lane from their left side, this is not america
    2. You didnt indicate
    3. You drives like you are on cocaine, you cant control the gas nor break pedal

    • h4zey on 07/05/2018 - 14:37
      +7

      well that escalate quickly, from an accident to drug abuser.

      • Munki on 07/05/2018 - 14:59
        +1

        The internet never fails to bring the lolz.

        • justinvu on 07/05/2018 - 17:58

          F*** yea hahah. I laughed so hard at these keyboard warriors :))

  • Cheap Charlie1 on 07/05/2018 - 14:36
    +4

    The car on the right is at fault 100%.

    They weren't indicating, had positioned their car in the middle of the driveway.

    The car on the left pulls up alongside. The person on the left has demonstrated their intention to turn left.

    At that moment the person on the right realises their mistake (no indicating, positioned the car in the middle of the driveway) and decides to put their left indicator on — which isn't much help for the car on the left.

    Once the car on the left has moved alongside the car on the right, the car on the right should have waited until the car on the left exited the driveway. You can't turn left from what is the right hand lane when there is a car directly to your left. Just stupid.

  • cloudy on 07/05/2018 - 14:59
    +2

    My thoughts,

    • you were impatient and took a gap that was small, but there to be taken, nothing illegal about what you did.
    • the other driver, didn’t indicate early enough or position her car to lean left. Giving every indication they were going to turn right. But again, nothing illegal about not indicating early or positioning ones car in the direction where she wants to move. She definitely shouldn’t need to check her left side when turning left out of a servo I would think, but that’s sssuming she’s taken the left side of the driveway. Which she didn’t, and because of that she should have looked left before turning left.

    Imagine if that wasn’t OP in the way, imagine it was a person or cyclist close to her car on the left, she could have taken them out too. She has a right to occupy her space and a obligation to check the space she is entering. She could have avoided the incident by position her car leftwards and driving straight out of the driveway (not needing to worry about her blind spot) to enter into traffic.

  • this is us on 07/05/2018 - 15:08
    +1

    I think that was unfortunate, no one did any really stupid thing, but you both did wrong things…

    She is to blame because she was only looking at the traffic on the right and completely ignored the fact that someone could be on her left side… She didn't indicate left until it was too late. I agree with some previous commentaries explaining why people have to indicate. That's not because drivers have obsessive-compulsive disorder and they have to indicate before turning right or left, or because the car can only turn if you indicate; the reason is to tell everyone around you what is your plan.

    I am not aware of any rule that says that you couldn't be on her side as there is no specific exit, but I do think that you should have controlled your anxiety (or selfish/antisocial behaviour) and queued behind her. Why people have to be in a hurry all the time? You also did not indicate at all, but I don`t think that has any direct consequences for this specific crash.

    A study showed that wealthier drivers are more likely to drive like jerks: https://usa.streetsblog.org/2013/07/16/study-wealthier-motor…

    It is expected that wealthier drivers have insurance though. I won't crucify you because I found myself without insurance months ago - I set direct debit but the direct debit didn't happen and I received a message from RACV after 24 hours informing my insurance had expired. I immediately went online and paid, but if something had happened in the first 24 hours, I'd be screwed as I didn't have any proof of the direct debit request. Now I have direct debit and confirmation.

    Based on my limited understanding of the rules, I think that she is the one to blame for the crash because drivers are supposed to be aware of what is happening around at all times, and she came over you. I am not happy with that because I think overall your behaviour was the main reason why the crash happened. If I was a judge to make a decision, I'd punish you for your bad behaviour. :P

    • Cheap Charlie1 on 07/05/2018 - 15:11
      -1

      She is to blame because she was only looking at the traffic on the right and completely ignored the fact that someone could be on her left side… She didnt indicate left until it was too late. I agree with some previous commentaries explaining why people have to indicate. Thats not because drivers have obsessive-compulsive disorder and they have to indicate before turning right or left, or because the car can only turn if you indicate; the reason is to tell everyone around you what is your plan.

      The car on the right knows that the car on the left is there, hence the reason why the person on the right decided to indicate when the car on the left pulled up alongside.

      • this is us on 07/05/2018 - 16:10

        You are guessing - and we all are… I cannot see any evidence that she was aware of the car on the left, particularly considering the time she took to stop.

        • Cheap Charlie1 on 07/05/2018 - 18:30
          -2

          The car on the right would have seen the headlights shining in the left side mirror.

          Hence putting on the indicator only when the car on the left comes up beside it.

          If the car on the right didn't notice the car coming up on the left than they probably should have their licence revoked because they are a danger on the roads.

    • [Deactivated] on 08/05/2018 - 09:19

      That's an American study. I wouldn't draw any parallels between social classes and behavious across the two continents.

      There are some (many in our neighbouring SEA) countries where traffic laws do not apply to luxury cars.

      Driving culture is also immensely different - in Australia, the pedestrian is right until proven at fault and cost of repairs are very expensive in relation to the northern hemisphere (compare cost of spare parts on OEM price list) This has a significant impact on our micro-decisions when driving.

  • PAPower on 07/05/2018 - 15:27
    +1

    Just hit unfriend matey!

    I think whoever made a move first 'd be at fault. Everyone's meant to mirror signal check before moving.

    You coulda saved yourself if you quickly honked her though.

    • justinvu on 07/05/2018 - 18:01

      I did. But see didn’t notice. Matter of fact, after the 1st point of contact, she continue to drive off as if nothing happened!

  • Blitzfx on 07/05/2018 - 15:28
    +1

    That other driver clearly looked like she was going to make a right.
    If she was going to make a left, she'd be angled towards the left and without the huge gap.

    I would have been tempted to take the inside corner but seeing as they didn't have any indicator, and having seen too many shitty drivers, I would have refrained from it for a moment longer due to risk.

    She'd be banned for a long time if she hit a pedestrian coming from the left at that speed and negligence.

    Also, so many morons here making judgement on what car you drive which is irrelevant.
    Also just as many who are making pointless comments on your insurance situation, after the fact. It's too late to get insurance for this accident, so whats the point of commenting on it.
    It's like telling a terminally ill cancer patient they should have checked for cancer more frequently. Such pointless advice.

    • justinvu on 07/05/2018 - 18:02
      +1

      I dont take those comments as advice really - it is music to my ears and enlighten my day. Reading them cracks me hard haha

  • ladybug1 on 07/05/2018 - 15:34

    I think it was her fault mainly, though you shouldn't have done that either. You shouldn't have to pay when you stopped and she kept going.

  • suti on 07/05/2018 - 15:41

    If it was an intersection where there are two lanes turning left, then the car in the right lane has to turn into the outer lane. In this case the car on the right tried to turn into the inside lane which would put them at fault.

    • sintro on 07/05/2018 - 15:52
      +5

      This is a driveway with no turning lanes.
      Stick to the current scenario!

  • reactor-au on 07/05/2018 - 15:48

    Both drivers must have bought their licences, the Audi clearly in too much of a hurry, jumping the queue and not indicating himself. The Holden clearly not sure which way they are going and indicated just before turning might as well not have bothered (unless the indicator also actives the shields).

    But really both drivers were reckless by proceeding when it was not safe to do so. At least the Holden driver had the common sense to buy insurance.

  • sintro on 07/05/2018 - 15:50
    +4

    Video evidence shows that you were at fault.

    It was a big driveway, the other car was towards the left side. Even without their indicator and uncertainty, it is obvious there a much higher chance that the person was going to make a left.

    You clearly tried to jump the queue and made the erroreous assumption that they are defintely NOT turning left which resulted in the placement of your vechicle and both attempting to turn out of the drive way at the same time which eventuated into this collision.

    • cloudy on 08/05/2018 - 11:18

      Is it possible the car was on the left side to let the traffic enter the servo? I mean she’s on the left side but not so left that another car can’t fit. Add the fact she makes no attempt to position her car in the direct she is going to, adds a layer of complexity of fault.

  • [Deactivated] on 07/05/2018 - 16:09
    +3

    If either car had assumed all drivers on the road are idiots. None of these would have happened.

    You've surely learned a lesson.

    To me, the situation looks very grey. Both of you moved off at the same time. You did hit the other car's side but the other car was also turning into you.

    • cloudy on 08/05/2018 - 11:18
      +1

      I like that, it’s actually really good advice to assume other road users are idiots. Makes you more cautious .

  • krim on 07/05/2018 - 16:23

    Other car turned into you, they didn't check if it was safe to turn left. Their blinker was very late as well, after you had moved up.

    Surely it's their fault not yours. Keep us posted on the outcome!

  • CalmLemons on 07/05/2018 - 16:37

    Surprisingly it's actually the other drivers fault.

    Regardless of indicating, which the other driver did not do (extremely late does not count + even if OP was indicating all the way, the other driver would not see), the issue is the other driver should be turning left into the very left lane, not turning from the middle into the middle lane

    If the other driver had been in the furthest left when exiting, then there would not have been a chance for the OP to drive into the left.

    It's all going to come down to road rules - the way I see it.

    The other way I see it if this is really Sydney Road/ Hume Highway - every driver on there should be banned from driving. The number of accidents and people who get killed in those areas along that road is astronomical - and the road is not to blame.

  • tensai on 07/05/2018 - 16:48
    +4

    In a similar situation before, the car in front of me indicated and waiting to turn right, there are space on the left as there were no cars parked on the side of the street, so I take the left side to get past him. Unfortunately he decided to change his mind and instead want to park on the left side. His left front bumper hits me at the back passenger door.
    Same story is reported to both party's insurance. Both Insurance companies concluded I was at fault because simply there is only one lane and I should give way to the car in front. It does not matter if they decided to change their mind.

    So in your case, unless there are two marked lanes, you will have to give way to the car in front.

    • Mike88 on 07/05/2018 - 18:07

      How does that work? You were in front at time of collision.

      • grr1701 on 07/05/2018 - 20:22
        -1

        Seriously?? She was going to turn left (but only indicated when she was ready to go) so she was ALWAYS looking right as no one expects some goose to creep up the inside to try to jump the queue. OP NEVER indicated and yet he wants to argue that the other person was in the wrong for not indicating??! That’s how it works.

        • justinvu on 07/05/2018 - 20:23

          You wouldn't say the same if the white car was replaced by a cyclist / pedestrian, would u ?

        • berry580 on 07/05/2018 - 22:38

          What dumb fk keeps right, with sufficient space for another car to fit in, when the intention is to turn left?

          Op wanted to turn left so he kept to the left not expecting the other driver to believe she owns the drive way, and that most ozbargainers doesn’t understand its ok keep left when turning left.

          The other driver didn’t bother to look where she’s going.

        • kingmw on 07/05/2018 - 22:44
          +2

          @justinvu: Cars always have to give way to pedestrians, it's written down in the legislation except in roundabouts so your point is moot. Also why would a pedestrian walk onto a road to turn left and not walk on the footpath?

          For cyclists, 1) most would not take that risk because you would always lose 2) Not that many cyclist would be coming out of a PETROL station onto a busy road unless you had a death wish.

          The better question is to ask whether a motorcyclist would have done what you have done?

        • Blitzfx on 08/05/2018 - 01:24
          +2

          @kingmw:
          That's not what he's saying.
          What if a pedestrian was walking from the left on the foot path and around, infront of the woman.
          The pedestrian would be standing exactly where the white car would be located and get run over.

          It's even more telling that they didn't look because a pedestrian is far less visible at night than a huge white car.

        • Mike88 on 08/05/2018 - 08:02

          Wasn't talking about OP's situation, that's why I replied to tensai….

        • kingmw on 08/05/2018 - 19:12
          +1

          @Blitzfx: If you were the pedestrian would you 1) walk in front of a car trying to turn onto a busy road or 2) Walk behind that car?. I think the answer to that is obvious.

          If she hit the pedestrian who was stupid enough to walk in front of her car then she is automatically in the wrong and the stupid pedestrian would probably be dead.

        • grr1701 on 09/05/2018 - 16:31
          -1

          @kingmw: Exactly. It seems that people want to bring up hypotheticals as a mechanism to excuse what they have done wrong. I’m amazed that he dodged this bullet; so he’ll only be $2000-$3000 out of pocket for impatients.

        • justinvu on 09/05/2018 - 17:13

          @grr1701: I don’t think the insurer is stupid to fork out their $$$ for no reason. So unless you think you know better than them

  • stonkered on 07/05/2018 - 16:58

    My 2 cents;

    Not your fault. Other driver hit you.

  • Jarryd90 on 07/05/2018 - 17:03

    I can see how you'd think that. Indicator didn't go on until you were 3/4 of the way on the side of her, the way she was positioned. I'd just wait for her insurance to contact you and argue that it should be 50/50. They will pressure you into admitting fault and accepting 100% responsibility but I'd argue the case. If they want to make things difficult then you just say you can't afford it and can only pay $10 a fortnight and you'd be happy to set up a payment plan if they want to hold you 100% responsible.

    • grr1701 on 07/05/2018 - 20:17

      HE didn’t indicate either.

      • Eeples on 07/05/2018 - 23:56

        That doesn’t mean she is allowed to drive in to him.

  • tonsta on 07/05/2018 - 17:39

    50/50 hard one… try your luck in small claims court. I wouldn't take it to a hearing in the district court, loser will pay court and lawyers cost which will cost WAY more than the damage…. eg. your scratches cost $2-$3 to repair, lawyer cost will be $5-$10k. Take all the advice you like from this forum, but the only decision that matters is the magistrates on the day, strange things happen when people get to court rooms.

  • gravel on 07/05/2018 - 18:09
    +1

    Sorry can't see how this is your fault. There are basically two lanes. In fact the other car appears to be another third of a car width from you. Well and truly enough space for two cars. Clearly the right lane is meant for traffic turning right. There are no arrows on the lanes or signs to indicate otherwise ( and there is no option to go straight ). It is illegal to turn left from a right lane unless all of the traffic only has a left turn option. As has been pointed out there is clearly a point where a car stops to give the driver of the other car an option to turn left and they stay put. Sure you probably approached a little quickly but that does not mean a car in a right hand lane can drive into you. There seems to be a point where the driver of the other car changes their mind about turning right, either way they can't turn left from the lane they are in. This also ignores the fact that they turned left without even looking.

  • [Deactivated] on 07/05/2018 - 18:19
    +1

    Is it compulsory to make a police report in your state for accidents of this kind? It is in Western Australia.

    I have previously been involved in a similar scenario & believe in the way it played out the opinion of the police was a deciding factor in how blame was apportioned. In fact, if you consider, it may even be possible based on the video evidence for police to charge the other road user if they think that person is at fault.. dangerous driving, failing to indicate in time, driving without due care & attention.

    It would become incredibly hard for the insurer to chase you for the full amount if the other driver were found guilty of a police/road traffic charge over the incident. Additionally if it is compulsory to report the accident in your state, & the other driver has not, that can definitely make things harder on them when they are called in to the police to describe the incident.

    Without a standout criteria (like charges for the other driver) it will be difficult to get the insurer to come to the party. Taken all the way to court, with a good legal defense I think you'd have a good chance of getting the amount of damages you need to pay reduced (even to the point of each driver taking responsibility for their own vehicles), but without going full legal, &/or without the police on your side & charges laid I think your chances are very slim.

    (One other approach you could take is to wait & see what the insurer bills & try to negotiate a 20~25% reduction in the cost.. make them itemise costs, pull apart every charge & state that they are inflated & unreasonable, state you will take the matter to court as you are not fully to blame & have video evidence & whilst refusing to pay work it around to the fact you will be happy to pay should the total asked for be reduced). Could save a grand or two (in a similar scenario, both drivers at fault, me uninsured, I was able to pay $4,000 less ($8k vs $12k) using exactly that approach).

  • eldudebrothers on 07/05/2018 - 19:35

    It is such a terrible situation to be in, I am sorry that this has happened to you and the worst part is that these issues effect friendships.

    Due to the nature of the crash being unusual and hard to pinpoint blame, the insurers will likely fight this until the OP pays for all the damage caused by the other party. You will likely be blamed for 100% of the damage as even if you were in the right, insurance companies will generally try their luck in this case as 1. you give up/pay to avoid lengthy and costly legal battles, especially against a large corporation, and 2. the courts potentially could blame you for the crash.

    Given that you were not insured, you are already in a place where it is hard to defend yourself even if you were in the right. At this point, you need to either pay the damages (which can cost anywhere between 5-20k) or get an expert opinion from a traffic accident expert and if they are certain that it was the other parties fault, get another opinion and THEN consider court, lawyer up and prepare to risk losing a lot more in court

  • ozmu on 07/05/2018 - 19:50
    +3

    I reckon you are at fault now that you’ve also put the video evidence in the post it is overwhelmingly against you based on your aggressive behaviour. Indicating or not makes no difference as far as deciding who is at fault.

    May be without video evidence you both had 50/50 liability because the other car turned into you. But with no insurance you’re in neck deep.

    • justinvu on 07/05/2018 - 20:25

      Against or not against, they are all personal opinions of no expert. I'd take them with a grain of salt :)

      • ozmu on 08/05/2018 - 13:45

        Sure you will Justin. You will have to pay for costs though which is your big concern if I were you.

  • grr1701 on 07/05/2018 - 20:12
    +3

    Strange that you criticized the other driver for not putting their indicator on (until they had a gap to drive into) and yet, at NO time did you indicate. You make it sound like you were being patient, but from the video footage, I’d say you were very impatient and wanted to jump the (small) queue. Sucks that your “mate” didn’t have insurance, he’s one of many arrogant idiots we read about here, who feel they’re such a great driver they don’t even need third party property insurance (for less than $200/year). You’ll be paying the other person’s insurance company and your “mate” will probably want you to pay for his repairs too; since the video shows you were in the wrong.

  • [Deactivated] on 07/05/2018 - 20:19
    +2

    Prepare the lube OP when the insurers pursue you for damages

  • Hagla on 07/05/2018 - 20:34
    +5

    I don't really understand why everyone is saying he was impatient. I have never ever, ever waited for a car to turn right when there was space for me to turn left next to them, and I have never seen anyone else wait for a right turning car so they could turn left if room was available… Edit: I guess the fact that the other car wasn't indicating right does mean OP was a little impatient but I do think the angle of her car and position makes it pretty clear that she was intending to turn right at first at least.

    IMO OP is right, she either hit him when he was stationary because she didn't look, or she was attempting to cut him off which would mean she didn't take every reasonable measure to avoid a collision.

    • Aneurism on 07/05/2018 - 22:46
      +1

      Only one vehicle should be exiting at a time if there are no multilane markings… it is common sense.

      • mgsydney on 08/05/2018 - 08:17

        I didn't think you could turn a driveway of a service station into a roadway with markings though?

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