Other Party Insurance Says It Is My Fault, I Do Not Think It Is. Please Advise

Lbunkr on 29/04/2020 - 13:59
Last edited 13/05/2020 - 16:03

Edit 3: Thank you guys. The other party's insurance resolved the case in my favour. I had asked for a review of their original decision. I got a call today morning. Thanks heaps

I was recently involved in a car accident. I have a 3rd party insurance.

I do no believe it is my fault, and hence my insurance company told me to deal directly with other driver's insurance company. I submitted my version and diagram letter and the dashcam footage.

My version:

  1. I was turning right on green arrow from Great Western Highway into Cumberland Highway.
  2. Other vehicle was travelling on Great Western Highway in opposite direction to me. It was intending to turn left into Cumberland Highway.
  3. Other vehicle had to obey the traffic sign "Turn Left at any time with care" and had to give way.
  4. I had the right of the way into Cumberland Highway. However, the other vehicle did not stop and crashed into my car.
  5. The front right side of the other vehicle crashed into the front left side of my car.

https://imgur.com/a/Ui0OqQk
I am Car A in above diagram.

Now the other party's insurance has come back to me and tells me that they think I am at fault - when I do not think I am.

This is my first rodeo and I do not know what to do. My question to you fine gentlemen and ladies is:
1) Do you think I am at fault
2) How do I approach this? Do I stand firm with other party's insurance that I do not agree. Will I need to file a claim through the court (if you agree with my view that I am not at fault).

PS: I have the video footage, not sure if I can share the youtube link here, given it is an ongoing matter.

Edit: The video https://www.youtube.com/watch?v=zSjTJfxkmas

Edit 2: Thank you all for your helpful comments and suggestions, specially on how to deal with this situation. I will have a chat with other party's insurance and see if we can resolve it amicably. If not, I will take up the escalation mechanism suggested by many of you, including either going to AFCa or going to the court of law.

Automotive Car Insurance Insurance

Comments

      • Jackkkkkk on 30/04/2020 - 11:28
        +1

        Can you also read "Turn left at anytime with CARE" sign?

        Lol

    • abb on 30/04/2020 - 10:04
      +1

      That's a circular "watch out for pedestrians" sign. Note also there's no solid line across the road, as there should be for a stop sign.

      Street view

  • dufflover on 30/04/2020 - 09:44

    I know plenty of people already think insurance companies are scum but unless this is some junior staffer trying to meet some "money related quota" (esp in this financial climate) then the insurance company is either truly stupid, truly scum, or OP is not telling us everything (no, I don't think it's that).

    Slip lane makes it open and shut, can't believe they'd even try.

  • whale on 30/04/2020 - 10:07
    +7

    @bpsvn
    You will need to dispute their decision and request an escalation with their claim review team. It should then be forwarded onto a different, internal review team, who will then independently review the case. An example of this process is on AAMI's website: https://www.aami.com.au/contact/dispute-resolution.html.

    As part of the request, you should include all evidence and a written statement from yourself. You should also note that if the case is not reviewed, you will be referring the case to the Australian Financial Complaints Authority (AFCA). Usually mentioning them will kick them into gear.

    If they refuse or double-down on it being your fault, you should then refer the case to the AFCA and let them deal with it. However it is worth noting that the AFCA pay out a maximum of $15,000 for car insurance cases. If the damage to your car is more then this, then you will need to go the other route of obtaining 3 quotes, sending a letter of demand and taking them to court.

    It looks like a pretty clear cut case so hopefully it is easy to resolve. Good luck!

    • bunkr on 30/04/2020 - 20:37
      +3

      Thanks @whale. I did not know about AFCA. It is because of posters like you that brings me back to this forum every time.
      hat tip

  • Piranha2004 on 30/04/2020 - 10:20
    +1

    Other car 100% at fault. No questions asked.

  • Trioboy on 30/04/2020 - 10:54
    +2

    Other car is at fault 100%. Luckily you got dashcam footage. Have they (other insurance) viewed your footage and still think you are at fault?

  • grr1701 on 30/04/2020 - 11:22

    Ouch!

  • Jackkkkkk on 30/04/2020 - 11:24

    Here for the "DC's fault for not driving defensively and could've avoided the accident" bs.

    /popcorn

  • ssjwill on 30/04/2020 - 11:25
    +2

    please post on dashcams australia facebook too, only for the comments though

  • kngo90 on 30/04/2020 - 11:34
    +1

    Who is the other driver insured with? if it's GIO i can understand. They clearly do not know road rules. I took them to court and won.

  • tzd116 on 30/04/2020 - 11:57
    -4

    A little late to the party and haven't read through all the comments yet and this might have already been mentioned but this is what i would do.
    Take your car to a panel beater (along with the diagram and show them the footage as well). Most of the time, they will have a lawyer that they work closely with. In order to get your business, the panel beater and the lawyer will take care of everything for you including dealing with the other party's insurance company etc. You will not have to pay for anything (provided, of course, they agree you are not at fault - which i dont think you are). All the best hope this gets resolved soon.

    • ankor on 01/05/2020 - 03:22

      Hell no. Stay away from those places lol

  • Livert on 30/04/2020 - 12:42

    Please update with outcome. You are clearly not at fault.

  • dufflover on 30/04/2020 - 12:47

    Maybe Driver B believes the slip lane is turning into their own private lane.
    :P

  • Spending2Much on 30/04/2020 - 13:20

    Do the line markings send you to the left-hand Lane?
    I probably would have hugged the right hand lane….

    • Yummy on 30/04/2020 - 13:57
      +1

      There is a line according to Google map but cant see it on OP's vid. But yeah best is stick & hug to your same lane then change when it safe, that is my defensive driving way talking.

      Regardless Car B is at fault as you can see car B drives straight into mid lane instead of left lane.

  • DaveT217 on 30/04/2020 - 13:22

    OP, stand your ground. You have the right of way, and I am very impressed with how you weren't speeding of the intersection too.

  • carlJack on 30/04/2020 - 13:25

    You are not at fault. I once had an accident like this. There was no evidence of anything more of a he said she said situation. Insurance told me it was my fault. I refused to budge and told them to bugger off.

  • vistalau on 30/04/2020 - 13:31
    +3

    OP has right of way. I am surprised the insurance company that provided 3rd party cover do not help. Please let me know which company is that, I will avoid.

  • OzHunterNSW on 30/04/2020 - 13:32

    Yes… I've even had to clarify this situation with the cops.

    Technically you are in the right…. yet these others on the opposite side of the road think they can cut you off or beat you to the punch.

    You are in the right… it is they who have to stop.

    Your insurer needs to pursue this NOT you.

    Anyway… you are insured to cover the other person's vehicle…. but the thing is … you are in the right.

    Don't pay… don't talk to the other party… get your insurer to deal with it.

    • Piranha2004 on 30/04/2020 - 14:32

      The insurer doesnt need to as the OP has 3rd party only.

  • Drakesy on 30/04/2020 - 14:23
    -1

    Watched the video and yes car b is at fault for failing to give way, however failing to stay In your lane when turning within the intersection as the op has done is not exactly legal you turned across 2 lanes!? although the lesser of two evils in this case

    • Piranha2004 on 30/04/2020 - 14:33

      How do you find that? There is only a single turning lane which allows you take either the middle or far left lane when completed.

      • Drakesy on 30/04/2020 - 16:39

        Yep fair enough, didn't realise the diagram was on an east-west axis

    • MrFrugalSpend on 01/05/2020 - 21:40

      I agree

  • FareEvader on 30/04/2020 - 14:27

    You are not at fault but I don't know what tactics insurance companies have to try to strongarm you into letting this go… keep us posted

  • [Deactivated] on 30/04/2020 - 14:50
    +1

    Not even a debate.

    Hope you actually take them to court so that the other insurance company is shamed and it will count against them in the future

  • Brianqpr on 30/04/2020 - 15:06
    +14

    AFCA is a good thing to threaten the insurer with if they are being unreasonable, as appears to be the case here. I know the system well as I deal with financial complaints and AFCA in my job. My insurer quickly folded in a claim a while back where they were trying to make me pay the excess when I wan't at fault. The other driver was refusing to respond to them at all and they were trying to say because he hadn't admitted anything they couldn't confirm fault. I mentioned going to AFCA and got my excess refunded.

    It costs financial institutions several thousand dollars to have a case at AFCA that goes to a final determination. This cost is the same whether they win or lose and is in addition to any compensation they might have to pay the complainant. AFCA is free to complainants, but the firms involved have to pay AFCA's case fees regardless of outcome.

    Due to the costs and time involved in being at AFCA, some companies will choose to just commercially settle to avoid the hassle involved in making submissions, taking part in conciliations etc. Especially if the amount involved is not large (maybe $5k or less) and lower than AFCA case fees would be. Just isn't worth the time and expense.

    The insurer involved here is likely no stranger to AFCA complaints given their behaviour. If an AFCA complaint gets opened and they decide to settle straight away rather than go through the AFCA process, it only costs them around $100 in AFCA fees. If they let it move through the stages, the AFCA fees mount up for them. I imagine they know they will likely lose the case at AFCA and therefore may be quite keen to settle, or change their decision, if an AFCA dispute gets opened.

    You have to lodge a complaint with the insurer first and allow them time to respond before AFCA will look at it. They get 45 days I think. After that you are free to open an AFCA case regardless of whether they are still investigating the complaint or not. If they respond within 45 days and you aren't happy with the response you can to straight to AFCA at that stage.

    • strike1 on 30/04/2020 - 15:35

      Excellent post!

    • bunkr on 30/04/2020 - 20:34

      @Brianqpr Thank you so much. This is very helpful!

    • bunkr on 30/04/2020 - 20:41

      BTW, how is 45 days counted. Is it from the time I provided them with my version diagram or from the time I had a disagreement with them regarding our version of the story.

      • Brianqpr on 01/05/2020 - 09:44

        Its from the day they receive your complaint. AFCA will usually take the complainant's word in terms of the date the complaint was first made. You can lodge online with AFCA and one of the things they will ask is when you first raised the complaint with the insurer.

    • gstfree on 30/04/2020 - 22:29

      You are better than most of PHD graduates. Thank you.

  • herecomestheoost on 30/04/2020 - 15:55

    Car B is an idiot.. You're in the clear 100 percent.

  • sy8718 on 30/04/2020 - 16:17

    Who is the other parties insurance? Need to be careful when dealing with them.

  • CocaKoala on 30/04/2020 - 17:18
    +4

    Hey OP, you're not at fault. The other car appears to be looking and hoping for a collision with just about anything, so they could write off their old POS bomb of a car and to get an insurance payout. Your third party damage insurance should cover it, and your dashcam footage is sufficient to prove in a court that you are not at fault.

  • Speckled Jim on 30/04/2020 - 17:35

    OP, don't concern yourself with the resident clowns. They're usually dishing it out to sub-par first posters so they'll cancel their account. Bit of a game, but some are easily amused.

    Your excellent post gave them nothing to criticise, so they're looking for the tiniest shred to discourage you. Nearly all replies say you're in the clear, and I (~35 years with a clean driving record) concur.

    Proceed with confidence!

  • DASHCAM NOW DUDE on 30/04/2020 - 18:08

    Dash cam just paid for itself!

    GJ OP!

  • Rkshar on 30/04/2020 - 19:09

    You are fine! The other driver is at fault, 100%.

  • max900 on 30/04/2020 - 19:19

    LoL. It is very clear that you are not at fault.

    For those who think otherwise. Look at this and hand back your license.

    Slip lanes are dedicated road areas for vehicles turning left, usually separated from other parts of the road by a painted island or traffic island.

    If there’s a slip lane and you’re turning left, you need to use it unless there’s an obstruction.
    Cars turning right at an intersection don’t need to give way to vehicles turning left from a slip lane."

    Source: https://www.racv.com.au/on-the-road/driving-maintenance/road…

  • tagin on 30/04/2020 - 19:59
    +1

    Wow, the insurance company is trying it's luck hoping you're an idiot.
    It's 100% the other drivers fault.

  • Kamsi on 30/04/2020 - 20:24

    Damn, how the other insurer have made a mistake or deliberately making false ruling. I'll be very angry if I was OP.

    • factor on 01/05/2020 - 21:46

      Yeah - I'd be accusing the insurer of potential fraud in an immediate complaint. That should hurry the process up! Perhaps I'm a little aggressive at organisational turds - government or corporate - dishonest actions warrant a little curry.

  • SpendLess on 30/04/2020 - 20:25
    +1

    I was always confident that cars like Car B are in the wrong in these situations but the amount of fn d!ckheads that do this on a green arrow turn i do everyday makes me doubt myself
    i almost crushed a fn guy on a motorbike and he zoomed past pointing i should have stuck to the further right lane

  • Bek on 30/04/2020 - 21:09
    +1

    It pretty obvious who is at fault. Car B should have given way to you. I am pretty sure you should not be at fault.
    It is very straightforward.

  • codinghelloworld on 30/04/2020 - 21:17

    Car B is at fault and should give way to you. I think in your case, you should record the conversation with your insurance, other party insurance, and prove this record at court. Very surprised that insurance company told you are at fault, I wonder how long they worked in this business.

  • Herbse on 30/04/2020 - 21:23
    +14

    For the first time in ozbargain history. A help me with an insurance problem where the OP isn't at fault 🤔

  • emoticon on 30/04/2020 - 22:13
    +4

    It’s clear cut. You’re 100% in the right OP. It is the other cars fault.

    Contest the other parties insurance company, you will win.

    You had right right of way. Turn left with care means exactly that, the other car didn’t make the turn when it was safe.

    Furthermore, the angle which their car was at during the turn indicates that they had intended to go into the second or third lane immediately and not simply the closest lane to them.

    Thank god for dash cams. The footage clearly vindicates you of any wrong doing.

    Pursue their insurance company to the ends of the earth. Don’t capitulate or negotiate the payment down. Tell your own insurance company to take them to court if need be.

    • foxinsox8 on 01/05/2020 - 10:39
      -5

      Wrong. The OP broke the law by turning right into the incorrect lane.

      • emoticon on 01/05/2020 - 14:08
        +1

        Nope, it was a legal valid turn. There were no solid unbroken lines.

        Car B from the dash cam footage looks like it intended to go into the second or third furthest lane; Car B would’ve also made a legal turn IF they turned when it was safe/clear to do so because of the very same reason.

        No unbroken lines.

        However car B did not make the turn when it was safe/clear which is why Car B is at fault.

  • CocaKoala on 30/04/2020 - 22:35
    +5

    Could you also please name and shame the fn insurance company? I'd love to make sure that they won't get any of my 💰💰 ever.

    • nwa on 01/05/2020 - 09:15

      Also their reasons if and why they think you are at fault?

    • Ughhh on 02/05/2020 - 10:45

      Let's be real, If you were car B, you would be bloody happy if your insurance told you that you dont need to pay excess.
      If your lawyer reduced your manslaughter sentence from life down to community service, or even somehow twist into you being a victim, you'd be impressed and keep him on speed dial.

      Opinions change depending on where you stand.

  • Salty Pretzel on 30/04/2020 - 23:37
    +6

    Hand in your ozbargain membership. That diagram is way too good. And you're not at fault.

  • haimrevolution on 01/05/2020 - 08:16
    +2

    The main question is where was the other driver looking when they turned. I could have seen the op car from a mile away! It was literally right in front of them when they accelerated.

  • Intoxicoligist on 01/05/2020 - 08:34

    Hey OP, after taking a look at the footage I'm pretty sure you're in the clear. Send it to the company claiming its your fault, say that you'll take them to court if needed, and stand your ground that its 100% not your fault, and their client failed to check the road was clear at a give way sign. They will stand down because the second a judge see's the footage they know they will lose (and why throw money away on a lost cause). They should be paying to have your car repaired, just make sure its at a proper repairer (you can go and get 3 quotes from places you trust and present them to the company, again hold your ground that you have a right to choose your repairer).

    • [Deactivated] on 01/05/2020 - 09:46
      +1

      Send it to the company claiming its your fault.

      Send it to the company claiming its their fault.

      Fixed that for you

    • foxinsox8 on 01/05/2020 - 10:44
      -6

      That's wrong. https://www.rms.nsw.gov.au/roads/safety-rules/road-rules/int…

      Left turns can be made into any lane. Right turns have to maintain the same lane. Read the manual. See the diagram. It's clear. It's the law.

    • p3nf0ld on 01/05/2020 - 10:20
      +1

      You are wrong. Because there was only one turning lane the driver is free to select whichever lane they would like.

      • foxinsox8 on 01/05/2020 - 10:27
        -5

        That is not true. Here is the NSW road handbook https://www.rms.nsw.gov.au/roads/safety-rules/road-rules/int…
        You have to turn into the same lane as the one you turned from. It's the law! You are simply wrong

        • apsilon on 01/05/2020 - 10:30
          +5

          Hand in your licence. The very page you linked to shows you can turn into any lane as long as lane markings don't show otherwise.

          • foxinsox8 on 01/05/2020 - 10:33
            -5

            @apsilon: Are you on your P plates yet. Can't read? You can turn left into any lane. Turning right you have to maintain the same lane. Read the manual. Look at the diagram. It could not be any clearer. Turning left (as Car B is) you can turn into any lane. Turning right you have to maintain the same lane. Knowing that Car B is exercising care in turning left in the expectation that the OP will obey the law and enter the correct lane. The OP is at fault. (How come no-one here apart from Thift knows the law!) Wow you can show some people the truth in black and white and they still see grey.

            • apsilon on 01/05/2020 - 12:47
              +7

              @foxinsox8: I can but clearly you can't because it clearly shows on the page you linked that you can turn into any lane on a multi lane road. It's right there. Read the page you linked to and /or look at the pretty pictures. If you still can't work it out then there's no help for you.

              Yes car B can turn into any lane BUT they're on a give way. They must give way to all traffic so they can only make that turn when it's clear. They didn't. Car A can turn into any lane unless there's turn markings. There isn't at that intersection. Car B failed to give way to car A and caused the accident and are at fault.

              No wonder I've had so many close calls at that intersection when people are not only ignorant of the laws but can't accept they're wrong even when they themselves present evidence that prove they're wrong.

          • foxinsox8 on 01/05/2020 - 10:38
            -1

            @apsilon: You seem confused about what marked lanes means. It means where the roads have marked lanes. It is NOT referring to the turning guidelines that are put on multi lane right turns in some places. Where the roads have marked lanes the rules are crystal clear and it is frightening how few commenters here know them.

            • [Deactivated] on 01/05/2020 - 11:24

              @foxinsox8: @foxinasox8

              OK show me these magical invisible marked lines of yours that OP was meant to follow while turning right?

            • S2 on 01/05/2020 - 11:25
              +3

              @foxinsox8: This is something you need to explain better.

              You've said

              You can turn left into any lane.

              The law actually states

              Keep to the left side of the road you are entering

              You've said

              Turning right you have to maintain the same lane.

              The law actually states

              In marked lanes, you must stay in the same lane as you go from one road to another.

              The diagram indicates a right turning car is able to go into either the left or middle lane. There is a green car to their right turning right. The law refers to that green car staying in the right lane after turning.

            • pegaxs on 01/05/2020 - 11:35
              +2

              @foxinsox8: I really want you to win, but 2 problems; a: the blind, illiterate users that populate this forum and b: legislation. (Actual road rules, not comic strip cells from the RMS website.)

              33 Making a right turn
              (1) A driver turning right at an intersection must make the turn in accordance with this rule unless—
              (a) the driver is turning, at B lights or traffic arrows, in accordance with Division 2 of Part 17, or (not valid to OP's situation)
              (b) subrule (4) applies to the driver. (not valid to OP's situation)

              (2) If there is a turn line indicating how the turn is required to be made, the driver must make the turn as indicated by the turn line. (not valid to OP's situation)
              Note. Turn line is defined in the Dictionary.

              (3) If there is no turn line indicating how the turn is required to be made, the driver must make the turn so the driver—
              (a) passes as near as practicable to the right of the centre of the intersection, and
              (b) turns into the left of the centre of the road the driver is entering, unless the driver is entering a one-way road.

              Nowhere that I could find does it say in the actual road rules that if you are turning from OP's lane, you have to turn into the right most lane, unless a "turn line" force you to do so, of which there were no turn lines for OP at this intrersection.

              The road rule OP did break, however, was Road Rule 148, that deals with giving way when moving from one marked lane to another. But don't try that line either, too many butt hurt idiots don't seem to be able to grasp that concept or think that it even exists…

              Good luck with it, you're going to need it :D

            • THL on 01/05/2020 - 12:49

              @foxinsox8: What a load of nonsense. The video clearly shows the other car didn't give way simply because they didn't see OP.

              In the link you posted, the 'marked lane' refers to the turn lines when there are multiple right turn lanes, NOT the line markings on the through lanes on the departure side. Please tell me, what's the "correct lane" that you are referring to? What if the OP needs to turn left into a side street/servo/home that's close to the intersection? Does that make it "right"?

              The other main argument is that vehicles facing a Give Way sign need to give way to vehicles already on the road they are turning into, which in this case, the OP.

              If it seems like everyone else doesn't agree with your opinion, it normally means you are wrong. Not that you are smarter than everyone else. Period.

            • apsilon on 01/05/2020 - 12:50
              -3

              @foxinsox8: What's frightening is so many people not only don't know the law but can't read it when it's linked to either.

  • Bargainbattles on 01/05/2020 - 11:18

    Who is Khalid ?

  • jerrus on 01/05/2020 - 12:01
    +1

    I Agree that the other driver is at fault and you should definitly email (good to have a record) the insurer, if you get no joy talk to the insurance ombudsman (mention that you will take it to the ombudsman in the email.)

    However I always thought you had to turn right into the righthand lane (or the rightmost lane if multiple turning lanes), the middle lane (where the crash happened) was no mans land and the left lane was for left turning cars.

    • hasher22 on 01/05/2020 - 18:15

      There's only 1 right hand turn lane (car a lane) therefor, car A can pick any of the 3 lanes when turning right.

      Even if Car A had two right hand turn lanes, Car A chose the middle lane and car A would have still been right. (given if car A was on the left right hand turn lane)

  • picket23 on 01/05/2020 - 12:24
    +1

    How good are these car accident threads!? Get everyone all riled up. People make ridiculous claims linking to some road rule that either doesn't apply or is only one of many that apply to a given situation. People are like "everyone else but me should hand in their licences" because they're the only ones that know how to drive, etc. etc.

    Only problem with yours, OP, is that it is too clear cut. There's so little to argue that there is only one or two people trying to make their poor cases against you. This may suit your purposes but it's kinda boring for the rest of us. Something to work on for next time you're in an accident perhaps?

  • villu on 01/05/2020 - 12:37

    OP, Give state Claims (stateclaims.com.au) a call. they will handle your case trust me I was in a similar incident few months ago. They handled the case like real professionals.

  • Black Brown Blue on 01/05/2020 - 13:50

    Lot of comments here explaining that comprehensive is better, we know that. But not everyone want to pay more for a insurance that’s why some people knowingly choose 3rd party. 3rd party does not cover your car damage regardless of who is at fault and you have to chase that up with the other person’s insurance company. They only cover damage to other car. You have video that should be sufficient to show you are not at fault and pay you the right amount. Get quotes for damage and send them too as mentioned in earlier comment.

  • zilver on 01/05/2020 - 14:00
    +3

    kinda a weird comment to make but if you go through the video in frame by frame right at the end as the shadow of the traffic light structure passes over the drivers side window of the care there are two frames where you can make out the shape of the persons face and his nose and profile are clearly LOOKING TO THE LEFT and not at the OP

  • Mistredo on 01/05/2020 - 14:05
    -4

    Without judging who is at fault, why would you enter the most left lane when you see there is a queue of cars going into that lane and the other lanes are free?

    • picket23 on 01/05/2020 - 14:27
      +7

      a) Because the "queue of cars" would have to wait regardless of where OP was going as they can't tell which lane OP would end up in until it's too late.
      b) The left lane was obviously where she wanted to be (out of either convenience or neccessity).

      The car that hit her would have hit her in the next lane over anyway as he was pulling into the middle lane not the left most from what I can see.

      • emoticon on 01/05/2020 - 14:33

        Yup exactly this. Picket is spot on.

      • Mistredo on 01/05/2020 - 16:31

        a) If she used the most right lane, they wouldn't have to wait for so long to determine their lane is free.
        b) Can't argue with that.

        If she picked the most right lane, the other card wouldn't probably hit her.

        • picket23 on 01/05/2020 - 17:29

          a) If she used the most right lane, they wouldn't have to wait for so long to determine their lane is free.

          You might be able to take off a few 10ths of a second quicker, maybe.

          If she picked the most right lane, the other card wouldn't probably hit her.

          One advantage of having an intersection set up so that you can chose which lane you are turning into is that people aren't scrambling to then get in the correct lane after the intersection (which creates risk of accidents)

          And sure, if you were in a different lane whenever an accident occured you probably would have avoided the accident. Hindsight 20/20.

          • Mistredo on 01/05/2020 - 17:34

            @picket23: After watching the video again I find it strange she is heading to the middle lane, but she borrows a bit of the left lane. The other car would hit her anyway, but she shouldn't be borrowing the left lane if she wants go to the middle lane.

    • apsilon on 01/05/2020 - 16:41
      +1

      I use that exact intersection and go into the left lane (I start indicating left about 1/2 to 3/4 of the way through the intersection) as I then take the next left in about 200m. Regardless of OPs reason, car B failed to give way and that's all that matters.

      • Mistredo on 01/05/2020 - 16:43

        Sure, that's the most probable reason. I agree, if you are turning in 200m it makes sense to go there. I only wanted to understand what was OP motivation.

    • UFO on 02/05/2020 - 10:15

      Why not? The far left lane is a legal lane for her to travel in. There were no dotted lines telling her which lane she must go in to.
      She didn't cross any lines to be in that lane, the other driver did.

  • This Guy on 01/05/2020 - 14:13
    +2

    Advice here is all over the place, so why not make it worse?

    Check your PDS to see if your 3rd party insurer will act on your behalf. If they will, call them and let them do the negotiating.

    If no, Call Car B's insurer and ask them to cover the cost of repair or replacement of your car. Tell them you drove though a traffic light on a green light and their client ignored a give way sign then hit you. You have this all on dash cam.

    If Car B's insurance agrees that their client is at fault, go get your three quotes from who ever you want to repair your car. Do not be pressured into thinking you have use their preferred repairer. You pick. If the car is a write off, do not accept 'market value'. Do research on carsales.com for what it will cost to replace your car like for like. If they refuse to listen, hire an insurance adjuster.

    Ask them to cover any personal belonging damaged in the crash (phones, clothes, etc.) any modifications (light bar, roof racks) and any other costs associated with the collision (tow costs, storage/yard costs, ambulance, reimbursement of any sick/personal days (if used on day of crash or to organise quotes)). You were not at fault, you deserve to be made whole.

    Ask them for a hire car of the same size and type as your car.

    If Car B's insurance provider gives you friction at any point in the conversation, ask them who they would prefer to deal with, yourself or the insurance ombudsman.

    I have not needed to use the insurance ombudsman before, so see other advice if needed. I have been paid more than what I paid for my cars when in your situation, by being polite and assertive. It did not feel good at the time, but it made me a stronger person.

  • ur2dads on 01/05/2020 - 14:46
    +1

    Absolutely not your fault OP. Give those insurance bastards hell.

    Keep us updated and best of luck

  • MoshPitShaq on 01/05/2020 - 15:00
    +1

    Awesome dashcam footage that totally proves the other driver was in the wrong. You had a green arrow and right of way, they crossed the "dashed" white line from the slip stream which is essentially "give way". You're innocent!

  • aman00024 on 01/05/2020 - 17:16
    +1

    You’re not at fault.

  • EnALup on 01/05/2020 - 17:34
    +3

    Should these insurance companies be penalized when they initially say no to a claim and then yes. Its waste of time and stress on people. I wish OP states name of both the insurances.

  • hasher22 on 01/05/2020 - 18:12
    +1

    Car B is an idiot.

    Looking at the image and the video, straight away car A is in the legal, right side.

    P.S thanks for the clear image, nice comp drawing skills lol

    99.99% of the comments and legal: Car B is at fault
    Insurance companies: The other car is at fault

    Welcome in dealing with insurance companies.

  • Trying2SaveABuck on 01/05/2020 - 23:23

    Another one of these…

    • McFly on 03/05/2020 - 12:28
      +2

      Except this time the OP is in the right.

  • UFO on 02/05/2020 - 10:14

    Watched the video, you're in the clear.

    No dotted turn lines as you are turning that would otherwise dictate which lane you must turn into… meaning you get to choose ANY of the lanes.
    The fact you've gone right over to the left lane isn't the issue (it's not usual, but that's not the point).

    The other car failed to give way at a give way sign.

    You didn't break any lines (dotted or otherwise) to go into that lane, the other car did = your lane.

    Dispute the claim, and go to court if necessary. You'll win.

  • Hackney on 02/05/2020 - 11:34
    -5

    Why come here for advice? Get yourself a lawyer! Only then can you get the correct answers.Nobody here I should imagine would be able to advise correctly.I certainly would not even attempt to help.

  • Bargainitis on 02/05/2020 - 12:14

    OP,

    I'm not a lawyer per se but have dealt with legal matters many many times before so here's my 2 cents on the matter.

    1) as others have mentioned, you are not at fault given the green signal. It also doesn't matter which lane you turn into, i.e., even if you decided to cross over to the furthest lane vs. the closest one to the centre of the road (3 lanes) you turned into. The other driver needs to give way. Dashcam footage makes it very clear signal was green.

    2) Now the critical things for you to consider:

    i) Have you sent the dashcam to the insurer? The only nuance is I'm not sure if dashcam footage is acceptable in court. I have heard varying opinions on this but lets put that aside for one moment.
    ii) Did you manage to find a witness? Probably unlikely given its main road and cars would have had to stop in order for you to obtain one. If you did though, a witness will help.

    3) My suggestions:

    i) if you haven't, send the dashcam footage to the insurer. Most insurers should be commercial on this. Failing that:
    ii) send a strong letter to the insurer saying you will be happy to go to court and suggest you will be claiming costs on top. Put something reasonable, get a quote on the cost of your repairs plus wage forfeited for attending court, costs of travel for the day, etc. This will give them something to think about. What most people don't understand is that this sort of matter, if it ever gets that far, will only go as far as to a small claims tribunal which means you don't need a lawyer. You can self represent. Failing that:
    iii) Email Today Tonight with your post. Name the insurer you are dealing with and then forward that email to the insurer. If at that point, its not checkmate, message me. There is one more trick up my sleeve :)

    Good luck.

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