Yet Another Car Accident Post

Hello Ozbargain,

I was involved in an accident today and wanted the opinion of all the Ozlawyers and Oztraffic cops in this wonderful forum.

To cut a long story short i was in the left hand lane of a 2 lane road approaching a round about, as i am approaching I see a black Prado enter from the right hand side which is a single lane road. So i begin to slow down as she has right of way, she sticks to the right hand lane so i accelerate and enter the round about on the left hand side, as i am exiting the round about she suddenly attempts to changes lanes and merges on top of me side swiping the rear of my car.

Who do you learned experts believe is at fault here? And before anyone asks, yes i have full comprehensive insurance and i'm not afraid to use it i just want some opinions.

I also have a side question related to this incident.

When we pulled over she was adamant that she had full right of way and that i was at fault, not even 2 minutes after we pullover her husband shows up in a seperate vehicle and is also claiming that i am at fault but that they are happy to let this go as the damage "Isn't even that bad, it'll buff out" (Hint, it won't buff out some of the scratches on my car go down to bare metal and plastic) Take a look at the attached photos and tell me why they would be willing to let this go when the damage is clearly worse on their vehicle.

MsPaint drawing is included as legally required in the Imgur link. https://imgur.com/a/K5yNrjX

Poll Options expired

  • 28
    You done goofed
  • 35
    I'm just here for yet another car crash post
  • 260
    She done goofed

Comments

    • +54

      How are you even using a keyboard with your tiny Tee Rex Arms?

      • +16

        Life uh finds a way

        • +3

          Ah well there it is.

    • Then where would the trolls, psychology students, and wannabe fiction writers hide their stools?

    • +7

      Yes, don't click on them

  • +2

    I cant open your pic but if you are entering a roundabout and another car is entering on your right, they have the right of way. What happens within the roundabout is probably not going to matter as you shouldn't have been in there to begin with. Thats my read from first principles.

    I think I understand what you are trying to say but again, refer to the above around right of way. Though I'm surprised they have not pursued you for the damages.

    Keen to hear what others have to say or if I have misread your post.

    • +18

      Fairly sure you give way to cars already on the roundabout not those about to enter.

      But, usually, roundabouts operate the way you stated.

      Having said that the Prado should have stayed in its own lane.

    • +5

      The incident happened while he was exiting the roundabout, not entering, so he clearly gave away.

      • But.. if there are two lanes on exit.. then drivers ought to stay in their own lane to exit… right?

    • if you are entering a roundabout and another car is entering on your right, they have the right of way

      Is this an actual road rule or just something people do? I do this all the time but mates of mine told me that there was no such rule at least in Victoria and they seem to be right.. I cant find anything on the VicRoads website.

      • 🤦

      • +3

        No, this is a case of probably the majority being in the wrong. You must give way to the person who entered the round about first. Even if someone is approaching the roundabout on your right, if you enter first they must give way to you.

        The Gov probably needs to do a campaign it. Too many people don’t understand this.

        Anyhow, according to the pic this is once they exited the roundabout.

      • It was what most people do.

  • +15

    If your MSpaint diagram is correct the Prado clearly merged into your lane so would be the one at fault. Do you have a dashcam?

    • +54

      I sure do, On the shelf of my garage where it's lived for the last 6 weeks while i procrastinated installing it. Take a guess whats happening on Saturday?

      • +18

        no need

        the car collided. her nose, your rear quarter. and it happened at the exit of the roundabout.

        she goofed.

          • +10

            @Drpepper666: that's only for entering the roundabout

            once they're both in the roundabout who cares.

            the fact that he entered after and went straight faster than she went around is irrelevant.

            what happened to her was that upon entering she saw a stationary car not in the roundabout. when she existed the assumed the other car was still behind her.

            how she smashes her nose onto another car without seeing it makes me think she was distracted - probably on the phone to the husband.

            i once had a similar car accident

            two lane road, left turns left, right turns left or right.

            stationary car on left waiting at the lights
            i approach quickly in the right line and turn left faster than them.

            they smash into my left side as they merged into the right lane after turning left - and had assumed no car was there because none was at the light before - but zippy me was there

            • @FoxJump: Without video etc, it will be a tough sell for OP to argue that they sufficiently gave way to a vehicle already in the roundabout, while also entering after, then passing that vehicle in the roundabout.

              The Prado is allowed to change lanes in the roundabout, and while giving way in this scenario is not clearly defined in the road rules, I think a reasonable take would be that giving way means giving the Prado space to exit straight ahead, or change lanes in the roundabout. For example, if the Prado was indicating to exit the roundabout, a driver entering the roundabout behind them would not know if they were indicating to changing lanes, or indicating to exit.

              The accident happened right after the roundabout, but I don't see how OP could have been giving way in a reasonable way in the roundabout, then almost completely pass the Prado in the distance outside the roundabout. Without further evidence, it would be reasonable to suggest OP did not give way in the roundabout, which contributed to the accident.

              That said, the Prado is also at fault for changing lanes without giving way to a vehicle already in the lane. That applies even if they were still in the roundabout. However I suspect if they argue they started changing lanes in the roundabout, then without video evidence showing otherwise, OP may have a hard time proving their case.

              • @Prong: Interestingly, counter to what I suggest above, I noticed a reference on RAVC that overtaking is allowed on roundabouts, if the lane marking permit.

                Certainly that helps make a more reasonable case for OP giving way to the Prado in a reasonable and sufficient way.

                Is overtaking allowed in a roundabout?
                It’s allowed, but only when line marking permits it and it’s safe to do so. Remember to indicate as you normally would and allow enough distance to avoid collision or obstruction to other vehicles.

          • +2

            @Drpepper666: If OPs location is accurate, the collision occurred outside/after of the roundabout, she doesnt have right of way.

  • +4

    Buff out job

    • +1

      It's difficult to get a good photo of the damage but a few of the scratches on the rear quarter panel go all the way down to bare metal.

      • Take time to find an expert detailer.

        And don't let the water into the scratches in the meantime, (some touch up applied to the scratch will do for now).

        <TL/DR> If you paint the car, that part will never be the same. Especially plastic bumpers, as only the factory uses the correct flexible paints, temperatures, processes.

        A tidy up using expert polishes and corrections will be best in the long run. Even if you have to fill some scratches and it is slightly visible if looking carefully, the mess of a blended paint job, different paints, let alone the cheapest half job effort insurance repairers usually do…

        The detailer's bill may be payable by insurance, but possibly won't be worth claiming vs. increased premium, NCBs, etc.

  • +1

    I feel like the Prado is at fault. Which state?

    https://www.google.com/search?q=can+you+change+lanes+in+a+ro…

  • +16

    Looking at the Mspaint, the collision occurred just outside/after the roundabout. The whole 'give way to the right' doesn't apply at the collision point imo.
    She basically changed lanes without giving way. She's at fault imo.

    • +6

      Yes, assuming the diagram is correct then the whole bit about the roundabout is irrelevant as it all happened after you had both already exited the roundabout. And then it is her fault - changing lanes without looking.

    • +14

      What are you even talking about? I literally have photos of the damage to both vehicles linked in the post.

      • +7

        Sometimes people forget to take their meds. These are their stories…

        Beep beep

        • -5

          Up your dosage then

          • +3

            @Protractor: Ohh snap. You really got me there. What's was the backup, the good old 'i know you are, but what am I'?

            • -3

              @borrisz0r: Not sure I'm the one requiring a 'back up'. I'm not the one belittling mental health issues.

              • +1

                @Protractor: Riiiighto, so let's unpack this.

                Your response to my initial comment is to tell me to 'up my dosage'

                Your next response is to attempt to take the moral highground on the 'belittling of mental health issues'

                Do you have the memory of a goldfish, or do you just make whatever comment is suitable at the time?

                Watch the fall off that high-horse bud

    • +10

      How do "ppl" find the time to manage so many online identities? post 4056 times in 9 months on Ozbargain?

      • +1

        Government job for me.

        • -4

          They can't afford me. Besides I've been accused of being a greeny, ALP, Chinese propagandist, conservative and everything in between. How many pointless posts have I put up where a 10 second google would have solved an issue?
          I do love that ppl here are so insecure it matters (a) how many comments I have posted and (b) that there's a prerequisite to be in the herd and agree with the mob (c) what job I have.
          Happy to be the thorn.At least I'm me

          • +3

            @Protractor:

            Happy to be the thorn

            oh look an internet martyr with delusions of grandeur

            how novel

            • @GrueHunter: Being "me" is not a delusion of grandeur or martyrdom.
              Cute opinion though

  • +3

    Its not relevant to the OP's question. But I had an unusual day today.

    Went out in the car. On the way home I saw two cars written off, and another that I can't see how they can repair, in two different crashes.

    One guy parked his near new SUV in a small shopping centre car park. There wasn't an empty car space, so he parked it close to a shop wall. But there was a very solid bollard behind him that was lower than the window line on his SUV. So when he backed up to get out he rammed the left rear corner of the car into then along the bollard. Hard. The rear was smashed, the side was smashed in and crumpled all the way forward to the rear door.

    Just down the road there's a rail crossing. Lights came on and the barrier came down. The woman in the first car, a Corolla sedan, stopped. The guy in the second one, a small Mazda, didn't. Didn't even slow. The back of the Corolla was stove in up to the rear window like a crushed drink can. She was able to back the Corolla off the tracks before the train came though. His Mazda was never going to move under its own power again.

    Being right there two metres away from one crash is an unusual day. Then being in the next lane two cars behind another just down the road makes it very unusual.

    • suv into bollard

      Spewin

      Bet they will try to blame it on the shopping centre?

      • +2

        OMG, Jimothy commenting in my post! I am so excited lol. Now i just need to wait for JV to show up.

        I wouldn't be even a little bit surprised if they tried to spin some amazing bs to blame the centre.

    • Soov driver probably traded in his Yaris for it.

    • near new SUV

      With no parking radar?

  • +2

    Cars in the round about have right of way… but that seems irrelevant as the other driver ran into your lane whilst exiting the round about… and hit your rear quarter panel… I’m surprised they didn’t see you, unless their A pillar was obstructing their field of view…

    Sounds like the other driver was trying to hit the apex of the second curve/bend (and so collided into your car whilst entering your lane)

    • +1

      I am assuming with how quickly her husband showed up that she was already on the phone with him when the accident happened.

      • -6

        Maybe liability is 50:50… you shouldn’t have been there in the first place, and, they should have stayed in their lane… but the fact you entered the round about without causing an accident could be interpreted as having sufficient space to enter?

        Tricky…

        • +5

          you shouldn’t have been there in the first place

          What? If he saw she was staying in the inner lane he gave away. He has the right to enter.

  • +7

    had full right of way

    ^_^
    ( •o•)
    ( >🍿

  • +1

    A person entering a roundabout must give way to anyone already on. Not quite "give way to the right".

    In this case entering in the left lane is the same as turning left onto a straight road with a car coming in the right lane. Be careful!

    Send the photos and a better drawing to your insurer. You should get your excess back.

    • Can you exit on the left lane when turning right at a two lane roundabout? Tbh sometimes I forget and just panic and hope it all works out in the end…

    • Not quite "give way to the right".

      and yet this is the defacto for some reason.

      I hate roundabouts, especially multilane ones. I just assume everyone is going to do the wrong thing and act accordingly.

  • +4

    So many triggers here for @pegaxs.

    • I've been lurking long enough to know just how to trigger the old timers haha

    • +3

      So i begin to slow down as she has right of way

      *vomit emoji.jpg*

      Why… :D

  • +1

    It's most definitely the blue cars fault. End of story.

  • +4

    she has right of way

    adamant that she had full right of way

    sigh The usual: No right of way in traffic law.

    In this case I’d suggest she changed lanes and therefore required to give way. I think this because you had already given way when entering the roundabout and you were both in separate lanes.

    That said, you didn’t put yourself in a good position. I never trust a vehicle to do what is required the rules in a roundabout. Too many muppets don’t know how to use them properly.

  • Rule is that you give way to anyone on the roundabout before you, regardless of lanes. Thats the argument the other party (or police) would use in court and, short of you having compelling evidence that your entry was safe and their actions unlawful, you'd probably be found at fault. Note, a vehicle on the roundabout before you is entitled to change lanes without worrying about you entering the roundabout into the lane they want to change into.

    • But if you’re both already on the roundabout you need to give way before changing lanes. Admittedly we’ve only heard one side of the story, but if accurate the Prado changed lanes while exiting the roundabout or very shortly after. If it’s an accurate representation OP would not need to give way at that point.

      Further to that, if the front of the other vehicle hit the back of OP it indicates OP was in front so would have been better to accelerate to let them in if they were required.

      • +1

        As I said, op would need compelling evidence that the collision wasn't the result of him not giving way to a vehicle already on the roundabout. Eg video evidence. So far I don't see compelling evidence.

        • -1

          compelling evidence that your entry was safe and their actions unlawful, you'd probably be found at fault.

          The damage caused is not consistent with someone being hit as they come into a round about but more with someone changing lanes and love tapping them, for one.

        • +3

          The lane OP entered was empty. If she wanted to change the lane, she should indicate and give away to him or change the lane before he even entered.

        • Yep, it will be a hard sell to suggest they sufficiently gave way to a vehicle in the roundabout, while passing that vehicle while in the roundabout.

          The Prado should not have changed lanes without giving way, but had OP sufficiently given way, the accident would also have been avoided.

          • @Prong: They both made it through the roundabout though? Then she changed lanes and hit OP?

            Does it say somewhere that you can't enter the left hand lane if it is clear but there is a car in the right lane?

            The roundabout has two lanes so that cars can occupy both lanes simultaneously.

            • @larndis:

              The roundabout has two lanes

              From OP's perspective definitely, but there's no markings between the two lanes on that side of the roundabout. Run through it from her perspective and it looks like it's a single lane.
              But that's moot because it didn't happen on the roundabout it was after and from the location of the damage OP was definitely in front, she failed to check before changing lanes

            • @larndis: Yep, the Prado changed lanes without giving way, and is at fault for that.

              The problem for OP is making a convincing argument that will result in not having to pay their excess, in the face of whatever version of the story the Prado owner tells.

              I was replying to (and agreeing with) a comment that says OP will need compelling evidence in regards to showing they did give way to the Prado in a safe and reasonable manner. For example, can they prove exactly where on the road the impact occurred, if the Prado owner says it happened in the roundabout?

              I was pointing out OPs difficulty in this regard is that the the impact evidence shows they (mostly) passed the Prado, and their version of the story has the impact happening at a point that means they passed the Prado in the roundabout. Explaining to the insurance how they were able to both give way in a safe and reasonable manner, and get past the Prado in a short distance, will not be easy.

              The end result may be that both parties are considered partially at fault by the insurance, even if that is not correct.

        • +1

          The crash didn't take place when OP was entering the roundabout, so it's completely irrelevant.

          That maneuver was already completed safely.

    • +3

      Rule is that you give way to anyone on the roundabout before you, regardless of lanes.

      That's for entering round abouts. It doesn't apply minutes or forever after everyone has left the roundabout. .

  • +9

    Yeah, nah.

    If the diagram is correct. If she's in the right lane she needs to exit on the right lane then check and indicate before merging into the left lane.

    Seems like she exited on the right lane and just decided to move over without checking her surroundings.

  • She's at fault and hit you from behind, lodge insurance and move on with your life.. she will be liable for excess..

    They know they're at fault that's why they want it to slide… who's to say they wont lodge a claim anyway and put the blame on you etc.

    I had a similar accident on a two lane round about was half way through and a P plater side swiped me from the rear left of the car, they made a claim saying I was at fault but I submitted a map like you've done and found not to be at fault.

  • +1

    When we pulled over she was adamant that she had full right of way and that i was at fault,

    TIL you have full right of way by merging into a different lane.

    claiming that i am at fault but that they are happy to let this go as the damage "Isn't even that bad, it'll buff out"

    Ah yes, the bastion of someone who knows they are going to get pinged for an at fault crash and want to just drive off.

    This is such an open and shut case that it's hilarious. There's no way you could have caused that damage because the FRONT of her car has hit the REAR of your car, so how else would that happen if not for her being at fault.

    Lodge the claim and move on.

  • +3

    So i begin to slow down as she has right of way

    No, you have the obligation to give way… ;)

    she sticks to the right hand lane so i accelerate and enter the round about on the left hand side

    Is she already on the round about at this point? Road rules in most states say that you must give way to the vehicle that is already on the round about.

    as i am exiting the round about she suddenly attempts to changes lanes and merges on top of me side swiping the rear of my car.

    Did she try and get off an at an exit before yours? ignore that, just saw the link and she got off the same exit.

    Who do you learned experts believe is at fault here?

    Initially, the other driver, as it sounds like they failed to give way while changing lanes, possibly changed lanes over continuous white line. Road Rule 148.

    And before anyone asks, yes i have full comprehensive insurance

    Well, bully for you, but it makes the thread boring now :P

    I also have a side question related to this incident.

    When we pulled over she was adamant that she had full right of way

    I can assure you, she didn't… but someone does need to "give way".

    not even 2 minutes after we pullover her husband shows up in a seperate vehicle and is also claiming that i am at fault

    Of course he did. He doesn't want to pay for the damages, so the default position is "yOuSe ArE aT fAuLt!!"

    but that they are happy to let this go as the damage

    Of course they do. That's because she is at fault and they dont want to pay…

    https://imgur.com/a/K5yNrjX

    So, which road was it on again?? :D If she was in the yellow car, she is at fault. Again, Road Rule 148 is your friend…

    • +3

      THANK YOU for pointing out that she attempted to change lanes over a solid white line, i completely missed that somehow.

      • On Google Streetview it still shows as non-continuous dividing line, so I wasn’t sure of what it had. Either way, if you are in the left lane, she has merged into you by crossing the dividing line without giving way to the vehicle already in that lane.

        File with your insurance, let them deal with it. If they don’t want their car repaired, that’s up to them, but they will need to repair yours and they are not going to admit to fault and handle it privately by the sounds of things.

    • Road Rule 148 is your friend

      For the lazy - https://www.legislation.vic.gov.au/in-force/statutory-rules/…

      148 Giving way when moving from one marked lane or line of traffic to another marked lane or line of traffic

      (1) A driver who is moving from one marked lane (whether or not the lane is ending) to another marked lane must give way to any vehicle travelling in the same direction as the driver in the marked lane to which the driver is moving.

      Penalty: 5 penalty units.

      Notes
        1 Marked lane is defined in the dictionary.
        2 For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.
      
  • Looks like her fault to me however if possible (and at her expense if insurance rules in your favour) I would probably try and get it buffed first.

    Seems a lot of people have trouble getting soul red color matched. We had this experience with a Mazda 3. Was fine until you looked at certain angles where is was significantly darker. Also depends on what part is repainted too.

    If I was to get damage like this I would first see how well it can be buffed back.

  • +1

    Straightforward case. Prado was at fault. Incident happened after roundabout so roundabout part did not matter. What happened here was the Prado changed lane without care, hitting her front against your rear. Collision photos show you were in front. The Prado changed lane without care but she did not cross a solid white line. The lines were broken.
    You need to extract her insurance details out of her but if you can't, go with your insurance.

    If she has dashcam, she won't show it to insurance as she's at fault. Going by word of mouth and collision photos, she'll be found at fault. But you need to emphasize to your/her insurance that the collision after the roundabout.

    • Curious why this would be straightforward if neither party has footage to supply and no witnesses.

      If anything she could frame it another way and say OP merged into her and clipped the front of her car, no?

      It would actually be more plausible as it's more common for the person ahead to not do a head check before moving into a blind spot versus merging into a car in front of you.

      Then it becomes he said she said.

      @ OP was there a reason for the merge from her, and were you slowing for traffic ahead? The only way I can think of her hitting you like this is if she was doing a head check/mirrors to merge whilst assuming traffic ahead (aka you) continued to flow as normal, but as she was checking, traffic ahead slowed but she did not react and hit you.

      Based on your accounts it would certainly be her fault as many have explained with reference to road rules, but it may be hard to prove to insurers without a witness or since traffic camera footage.

      • My theory is if red car merged right into the Prado then the paint transfer/scratch on the red car will extend longer down the rear bumper. Also if the red car swung into the Prado, the red car would have had more momentum and the paint would more likely to transfer to the red car rather than the Prado.

        But you're right, I forgot about that situation.

  • +3

    Is the point of collision, marked on your picture, accurate? It's outside the roundabout.. but what you've written in your description sounds like it's at the point of exit of the roundabout.

    Do you have any dashcam footage? Did you get any independent witness details? Without either of those, I can easily come up with a story to make it seem like you're at fault and turn into a "one person's word against another" situation with the insurers. (I guess my point is, don't assume that the other party is going to be honest with the insurers - I used to see completely different stories in about 2/3 of the claims!).

  • Did you accelerate and pass her? Not that that would make a difference to get needing to give way when changing lanes.

  • -5

    It was not an accident.

    A Road Rule or two broken on purpose, means it was a collision…crash…and reading the above……therefor on purpose.

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