Motor Vehicle Accident - Legal Confusion

jobs85 on 02/06/2019 - 18:17
Last edited 03/06/2019 - 08:33 by 1 other user

Hi
this incident happened few months back and I was a witness of this accident. I am seeking public opinion as I am fairly new to Australia and never had to deal with legal proceedings before.

a motorcyclist passed through my left side as I was changing from middle lane to left lane .he didn't hit my car but rushed and hit another car travelling in the left lane in the front.
I believe I did all my 3 checks before changing lane and to my belief he was over speeding.I gave my statement to police the same day at the incident site. I did not inform my insurance company about this as I believed I was not at fault and didn't think it was necessary.
few weeks back I received a phone call from police saying his insurance company have trouble in approving his claim as he says the incident happened because my car didn't had indicator on to left side when I changed lane.
police wanted to find out if I had any change in my statement. I didn't change my statement.
last week again I received a letter from AFP saying the other party has requested freedom of information request of my statement.
I think he or his insurance company is trying to sue me on this.
could someone give me an opinion on how I should act at this point. weather I should see a solicitor now or wait untill they send me a notice.
should I collect other parties statement using freedom of information right.
do I have to inform my insurance company on this now. would insurance company give me trouble because it is already few months late now.

Thank you

Automotive

Comments

  • hogwarts on 02/06/2019 - 18:21
    +5

    Where is the MS Paint diagram?

  • thatonethere on 02/06/2019 - 18:44
    +2

    I'd let your insurance company know that someone is trying it on. No insurance company likes to part with money so they will give you some advice.

    • jobs85 on 02/06/2019 - 19:15

      thank you.will do

  • lolz112 on 02/06/2019 - 18:51

    Wait so when you were changing lanes the motorcyclist had to speed up and hit a car in front of you? It sounded like you were changing lanes when it was unsafe to do so. If the motorcyclist was behind you and overtook you while changing lanes it seems like you played a part in the accident.

    • jobs85 on 02/06/2019 - 19:03

      he was not in my blindspot or in the left lane when I indicated and changed. To my belief he rushed from the signal behind .

    • try2bhelpful on 02/06/2019 - 19:11

      Surely if the motorbike rider was behind, and the OP was changing lanes, then the logical thing is to drop back not accelerate. I don’t think the OP was making the motorcyclist accelerate it was their choice to do so.

      • lolz112 on 02/06/2019 - 19:30

        Dunno OP is being vague hard to tell if he contributed to the accident or not

      • Ughhh on 02/06/2019 - 19:48
        -1

        then the logical thing is to drop back not accelerate

        If the motorbike was already in the left lane, they don't have to slow down to give way, even though it would be safer.

        Op needs a picture to help explain.

        • try2bhelpful on 02/06/2019 - 20:13

          The logical thing to do is whatever is safer; accelerating when you aren't sure of what is occuring in front is definitely not driving defensively.

          • Ughhh on 02/06/2019 - 20:23

            @try2bhelpful: Yes, but unfortunately, law > logic and being nice =/= logic.

            • try2bhelpful on 02/06/2019 - 20:33
              +1

              @Ughhh: It is not about "being nice" it is about driving defensively when you are driving a vehicle that makes you vulnerable. Motor bike riders have certainly been known to accelerate into gaps that make it difficult for car drivers to anticipate. It depends on where the motor bike and car were in relation to each other before the OP indicated and moved across. He may well have had sufficient clearance, legally, but the motorcyclist decided to accelerate to outrun him. I've certainly seen riders doing stupid things when riding down freeways. Insufficient information for either of us to do anything but speculate.

              • Ughhh on 02/06/2019 - 20:37
                +1

                @try2bhelpful: … I don't disagree. But as I said before, opinions don't matter, Law does.

                • try2bhelpful on 02/06/2019 - 20:41
                  +1

                  @Ughhh: Yup, and neither of us know what the law is going to say in this case. I was commenting on what Lolz112 said. However, I do think that any motorbike rider who accelerates rather than dropping back in this situation is being reckless.

            • nith265 on 04/06/2019 - 16:02
              -1

              @Ughhh: Being logical, nice and safe on the road sounds like another way of saying drive “reasonably”

              What a “reasonable person" would do in a situation is the standard that civil courts uphold. Regardless of the roadlaw if the motorcycle wasn’t driving “reasonably” given the traffic conditions he can be found to be liable.

    • whooah1979 on 02/06/2019 - 20:15

      It sounds like the rider were lane filtering in an unsafe manner and collided with another vehicle.

  • chumlee on 02/06/2019 - 19:06
    +2

    What opinion do the police have?

    You should let your insurance company know

    • jobs85 on 02/06/2019 - 19:12

      thank you. will do

  • Presence on 02/06/2019 - 19:20

    Does anyone else find it suspicious the AFP are involved?

    • holdenmg on 02/06/2019 - 19:21
      +2

      nuh, Canberra is AFP

      • Presence on 02/06/2019 - 19:31

        Fair enough. It was smelling like a scam.

      • hogwarts on 02/06/2019 - 20:30
        -1

        In Canberra we have ACT Policing

        • sss333 on 02/06/2019 - 21:05
          +2

          Which is operated by the AFP and uses the AFP logo.

  • [Deactivated] on 02/06/2019 - 20:24

    You're not part of the collision. Unless there's hard evidence of you endangering the motorcyclist, you're not involved.

    I believe I did all my 3 checks before changing lane and to my belief he was over speeding.

    What you believe and what your eyeball gauge of "speeding" is best left out from any statements. It is not in your interest to mention any of those things you just said.

  • ronnknee on 02/06/2019 - 20:48
    +5

    Original post:

    Hi
    this incident happened few months back and I was a witness of this accident. I am seeking public opinion as I am fairly new to Australia and never had to deal with legal proceedings before.

    a motorcyclist passed through my left side as I was changing from middle lane to left lane .he didn't hit my car but rushed and hit another car travelling in the left lane in the front.
    I believe I did all my 3 checks before changing lane and to my belief he was over speeding.I gave my statement to police the same day at the incident site. I did not inform my insurance company about this as I believed I was not at fault and didn't think it was necessary.
    few weeks back I received a phone call from police saying his insurance company have trouble in approving his claim as he says the incident happened because my car didn't had indicator on to left side when I changed lane.
    police wanted to find out if I had any change in my statement. I didn't change my statement.
    last week again I received a letter from AFP saying the other party has requested freedom of information request of my statement.
    I think he or his insurance company is trying to sue me on this.
    could someone give me an opinion on how I should act at this point. weather I should see a solicitor now or wait untill they send me a notice.
    should I collect other parties statement using freedom of information right.
    do I have to inform my insurance company on this now. would insurance company give me trouble because it is already few months late now.

    Thank you

  • [Deactivated] on 03/06/2019 - 13:37

    The more you talk the more you may be digging a hole. Never write back with a long story. Deny everything and ask for proof.

  • [Deactivated] on 03/06/2019 - 13:41

    You believe you made all 3 checks. Lol. What are they. You already gave a statement to police too. Pay up.

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