Car Accident - insurance dispute

[zed]

Had an accident a few weeks back and despite the guy initially admitting fault, his insurance company are now disputing it. I think I should be fine as I'm pretty sure he was totally at fault but wondered what you guys thought. Basically I was turning right into Lenore Road off Ocean Reef Road & he was waiting on Lenore Road to turn right onto Ocean Reef Road. I indicated, pulled into the turn right only filter lane and went to turn just as he went. He hit my rear panel drivers side with the front of his car. It's a write off. I'm puzzled as to how he can claim I was at fault, but maybe I'm missing something.




Apologies for the amateur night MS Paint job.
- I'm red he's blue

[team_v]

He has a giveway line (dotted line) and you don't so he is at fault.

Pretty simple case imho.

[mythik]

He has a giveway line (dotted line) and you don't so he is at fault.

Pretty simple case imho.

100% this. Did you take photos are the accident scene? That may be helpful. That diagram is also useful.

[seangti]

Yup, as above.

[PassatB6]

He has no case. Clearly the fault lies with him.

[jords]

the exact same thing happened to me (i.e. I was you in your example) and the other party was deemed at fault. Typical insurance company trying to wriggle out of it.

Stand your ground. I'm sure they will accept responsibility before it goes to court. I suspect they are just trying to get you to take the blame.

[JustCruisn]

the exact same thing happened to me (i.e. I was you in your example) and the other party was deemed at fault. Typical insurance company trying to wriggle out of it.

Stand your ground. I'm sure they will accept responsibility before it goes to court. I suspect they are just trying to get you to take the blame.

If it was a few weeks back and a total write off don't you already have the money from your insurance ?
Write off's are usually settled in 2 weeks. Check your policy there is probably some wording around this.

If you are still waiting for money then be firm and quote the policy back to them, find the bit that goes like 'an excess is payable except when you provide the name and address of the party at fault'. You held up your end of the agreement, ask them why they are not.

Don't worry about court, just be firm with your insurance company. Do not make any contact with the other party.

The worst it will cost you is the excess until they sort it out then the will refund the excess. It takes about 3 months for insurance companies to work out the blame game.

It is a game to them after all.

[wai]

This is the problem with insurance companies. They are not there for you; they are there to make money for themselves. They will try and deflect blame hoping you will agree to accept some blame rather than spend money in court.

Was your car driveable, did you file a police report, and were there any wittnesses?

[NickZ]

You don't happen to be with AAMI? I had a similar problem.

Be firm with them and if they don't budge go to the ombudsmen who will sort it out for you.

Then leave them in protest!

[woofy]

There is a scenerio here where someone could say you didn't indicate so they came out to sit in the middle lane and you turned at the last minute, but nonetheless you would in reality wait for the car to pass before coming out.

I've had a spate of people recently where I'm on a multilane road in the right turning lane, and have a car from a street to my left drive out into the middle section cutting me off while I'm doing a U-turn there. If I wasn't catching them from the corner of my eye, they would have had an SUV plow straight into the drivers door at 60km/hr. It's happened about 5 times in the last month, they are free to come out and sit there, but not cut off cars already on the road.

[Scanners]

The other car is clearly at fault as they failed to give way. Have a look at section 7 of the relevent road rules act in Western Australia at the definition of 'give way.' If they claimed you didn't have your indicator on, that is irrelevent as they entered the intersection without it being clear. Also you were in a designated turning lane. It may be the case the other driver has provided a different version to their insurance company. Ask for a copy.

Cheers

[Back Door Shenanigans.]

There is a scenerio here where someone could say you didn't indicate so they came out to sit in the middle lane and you turned at the last minute, but nonetheless you would in reality wait for the car to pass before coming out.

I've had a spate of people recently where I'm on a multilane road in the right turning lane, and have a car from a street to my left drive out into the middle section cutting me off while I'm doing a U-turn there. If I wasn't catching them from the corner of my eye, they would have had an SUV plow straight into the drivers door at 60km/hr. It's happened about 5 times in the last month, they are free to come out and sit there, but not cut off cars already on the road.

Not exactly sure how this plays out but just so you know people doing u-turns have to give way to everyone.

Overriding the criteria contained in this document are a driver's legal obligations to conform with Regulation 32 of the Road Traffic Code 2000, when undertaking any U-turn movement. The legal requirements being that:
A driver shall not commence a U-turn unless;

the turn can be made with safety and without interfering with the movement of other traffic; and

the driver has a clear view of any approaching traffic.
A driver making a U-turn shall give way to all vehicles and pedestrians.

A driver making a U-turn shall commence the U-turn -

if the carriageway where the driver is turning has a dividing line or median strip - from the nearest lane, or a near as practicable, to the dividing line or median strip; or

in any other case - from the left of the centre of the carriageway.

[zed]

There is a scenerio here where someone could say you didn't indicate so they came out to sit in the middle lane and you turned at the last minute, but nonetheless you would in reality wait for the car to pass before coming out.

I've had a spate of people recently where I'm on a multilane road in the right turning lane, and have a car from a street to my left drive out into the middle section cutting me off while I'm doing a U-turn there. If I wasn't catching them from the corner of my eye, they would have had an SUV plow straight into the drivers door at 60km/hr. It's happened about 5 times in the last month, they are free to come out and sit there, but not cut off cars already on the road.

Actually with this intersection, there is a filter lane to turn right. So the other car would have seen me enter the filter lane knowing I was turning even if I wasn't indicating. I was though. I'm with Allianz and they are pretty good it's the other guys insurance company who are claiming I was at fault.Which is just bizarre. I had to fill out a report and draw a diagram as did he. I'm mystified as to what he's drawn that would suggest I was at fault. He hit the rear drivers panel of my car with the front end of his.. Anyone from Perth who knows this junction knows it's a nightmare. People turning right off Lenore road onto Ocean Reef road (like the guy that hit me) often get stuck and have to wait for tiny gaps before shooting out. I didn't get any photos or witnesses unfortunately, but hopefully the insurance company will rule in my favour.!

[djorkboy]

I once had a guy hit me while I was parked (I was still in the car so he had no option to get away) and his insurance company tried it on and said I was at fault. I was with NRMA back then and a lawyer friend suggested I gently and politely remind my insurance company that I pay premiums every month so they will fight on my behalf when other insurance companies try to blame me for things I didn't do. I told the lady at NRMA what my friend said, and that he had told me to tell her, and the next day she called me to tell me she had fought on my behalf and won, the other insurance company had caved and were paying up.

[gt_eye]

The other driver is at a T intersection, he HAS to give way to you as you were on the main road, if he did not see you indicate....he is a moron, especially as you were in the slip lane anyway!!!
If he did not see you indicate he should have at least waited until you passed before turning right into Ocean Reef Rd.
You are in the right and his insurance company will have no choice but to pay up....its the law, plain and simple...Give way to all cars when at a T intersection.