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The Pub For General Automotive Related Talk |
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#31 | |||
Regular Member
Join Date: Sep 2008
Location: Melbourne
Posts: 96
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#32 | |||
Regular Schmuck
Join Date: Dec 2004
Posts: 5,640
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I'm pretty sure I've avoided similar instances that you have through some sort of sixth sense, knowing that a driver near me is about to do something stupid. I'm also sure one day that sixth sense will fail me and we'll meet in a tangle of metal. The law is pretty feeble when it comes to portioning blame in that is simplifies it to the point that the car behind has more chance of avoiding collision than the car infront therefore the car behind is slapped with the offence. Fight it all you want and in the end I hope you get satisfaction but if it boils down to your word vs his and you'll save a lot of time and a lot of money by bending over and taking a rogering... and no amount of arm waving or diagram drawing will likely change that. All the guy in front has to say is, 'Judge, I was minding my own business, driving patiently in traffic and this guy just crashes into the back of my car...' Case closed. If you have a witness (and maybe I've skipped the part where you suggested that you do...) then it's a whole different story. |
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#33 | ||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: ...in the shed
Posts: 3,386
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so basically you were already in the lane you were merging into, he was in the far right lane and then darted infront of you to stop in the middle of the road? where you hit him?
how are there not any witnesses? surely the traffic infront would have seen it, and maybe people behind if there were any.. |
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#34 | ||
Regular Member
Join Date: Feb 2007
Location: West Auckland, New Zealand
Posts: 398
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I'd say there's only one way to fight this and that's to lie.
Find a friend who will say they witnessed the accident. The friend doesn't need to make a police statement, if it gets that far, then they can back down and say they aren't sure, so no law is broken. It may be enough to make the other driver back down and tell the truth. Too many people get taken advantage of because they do the honest thing and admit they don't have a witness and the other person does the dishonest thing and lies. |
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#35 | |||
Regular Schmuck
Join Date: Dec 2004
Posts: 5,640
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#36 | |||
Regular Member
Join Date: Feb 2007
Location: West Auckland, New Zealand
Posts: 398
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#37 | |||
Ford Fanatic
Join Date: Feb 2005
Location: Brisbane
Posts: 1,480
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I am sorry, I do understand exactly what you are saying, You said you were half way in the next lane you were merging into- you MUST give way. Even if he cut in front of you he was there before you were clearly evidenced as the fact you hit his rear. If he was in the same lane you were and then went around you, he made it there before you, if he was in the lane beside you and behind and then sped up and stopped, it was his lane to start with and you have failed to give him way, if he was comming from the far right lane into the middle lane (the one you were merging into from the left, it will end up both are at fault as both were merging into the same lane. but no matter wich way it goes you will need to pay your excess and if you refuse to pay it, it will just mean your repairs will be delayed until it is paid or if they go ahead with the repairs and when they are complete the panel repairer will not release the car to you until they are paid. I really do feel sorry for you, I am just trying to explain what will happen, and I am basing this on what you have told us here, not what the other person has said. I do work in motor claims.
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Everyone is entitled to my Opinion ![]() 2007 Territory TX SY RWD Ego |
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#38 | ||
FF.Com.Au Hardcore
Join Date: Mar 2007
Posts: 2,699
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Why isn't anyone saying this about the other guy?
"We must drive in a way to avoid a collision". A guy cutting in front of him last minute coming to a stop is far more reckless and accident prone than than not slowing down when someone is next to you in most situations you wouldn't. A lot of you are being unrealistic, how many times do you merge in peak hour with cars next to you? Should we just decide to sit at the end of the merging lane and wait 5 hours until the entire lane is free?
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EB II 1992 Fairmont - koni reds, wade 977b, 2.5inch/4480's and much more to come! |
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#39 | |||
Regular Member
Join Date: Feb 2007
Location: West Auckland, New Zealand
Posts: 398
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I didn't mean telling the insurance or the Police this. |
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#40 | |||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: ...in the shed
Posts: 3,386
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#41 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Location: Melb north
Posts: 12,025
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this exact thing happened to my brother , he ended up paying for the lot :(.
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#42 | |||
FG XR6 Ute & Sedan
![]() Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 22,956
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regards Blue |
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#43 | ||
FG XR6 Ute & Sedan
![]() Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 22,956
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[QUOTE]And the car in question was well behind me. [QUOTE]
In which lane? The one to your right or the one you were in?
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regards Blue |
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#44 | ||
Smash the Boost
Join Date: Jan 2005
Location: Brisbane
Posts: 2,692
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i have had this very same argument with a friend of mine who works in NRMA's claims department. Unless there are witnesses and police reports/statements or whatever to prove otherwise, it is NRMA's policy basically that if you run up someones rear you are at fault, no if's buts or maybe's. Unless its like above where a car is reversing out of angled parking etc. It sucks but thats the way it goes
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2023 Hyundai Palisade 1971 Fairmont Sedan 1974 SWB F100 Keyboard Warrior - A Person who, being unable to express his anger through physical violence (owning to their physical weakness, lack of bravery and/or conviction in real life), instead manifests said emotions through the text-based medium of the internet, usually in the form of aggressive writing that the Keyboard Warrior would not (for reasons previously mentioned) be able to give form to in real life.
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#45 | |||
moderator ford coupe club
Join Date: Jun 2007
Posts: 6,640
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it seems no one from here saw the accident - therefore no one can say who is right or wrong. a lot have put a likely case that EgoXR will be considered to be at fault, simply because if you take out emotion, and have no witness accounts, it is almost guaranteed that he will get the bill hopefully at the very least, he and others will learn something. that is not suggesting he is wrong, but maybe doing something tiny different will make a difference next time. when i was only 3 months into my license, a guy and i were both heading in the same direction into a roundabout. he was turning right from the left lane (illegal) and i was going straight through in the right lane (legal). he pulled accross and i tapped him. i was not at fault, but i have nearly always made sure not to go two abreast into roundabouts again. even if i was not at fault, there was something i could learn. hopefully if there is something for EgoXR to learn, he will too and become a better driver for it the fact is, this world is full of morons and to blame them when something goes wrong is a waste of time and sometimes hypocrytical. if we can somehow allow for the fact that others are stupid, we can give ourselves the best chance of survival on the road and in general. it does not matter who is right or wrong, just whether we all win or lose |
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#46 | |||
Regular Schmuck
Join Date: Dec 2004
Posts: 5,640
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I don't see many posts suggesting he is at fault, rather that he doesn't have the onus of proof on his side that he isn't at fault. That's all that matters in this instance. |
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#47 | |||
FG XR6 Ute & Sedan
![]() Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 22,956
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ln any event, there is no positive karma in suggesting to a forum member who appears convinced they are not at fault he is at fault especially when none of us are in a position to be totally certain and have no evidence or reason to doubt his story. While we have no reason to doubt the version of events given, at the end of the day it appears that while merging he ran into a stationery vehicle in front and to the right of his car and based on this simple fact alone I suspect he will almost certainly be found to be at fault by those who can and will make the call (the insurers) .
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regards Blue Last edited by aussiblue; 15-02-2009 at 07:19 PM. |
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#48 | ||
Regular Member
Join Date: Sep 2008
Location: Melbourne
Posts: 96
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lol this is getting out of hand.
Try and forget the merging. I was merged. and merged safely. and it was now 2 lanes. I slowed down to stop before on coming traffic. Whilst i did so someone cut in front of me and slammed on his brakes and came to a stop. He slammed on his brakes because there wasnt room for him there. I hit him afterwards. when he was half in my lane and half in the next. I cant explain it any better. The people who are saying maybe youve learnt something?? learnt what exactly? theres more cockheads on the road than i realised? what was I to do? swirve into the gutter, or swirve to the right possibly hitting another car or oncoming traffic? There was nothing more I couldve done. If there was I wouldnt be in this situation. Ive never had an accident before this and Im not an idiot. I did all i could. Im not going to just lay down and pay for the costs. My excess is $2500 roughly the same as it will cost to fix my car. Therefore there is no point in paying excess I will have it fixed cheaper. But before I do, I will try my hardest to prove my innocence. |
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#49 | ||
FG XR6 Ute & Sedan
![]() Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 22,956
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Any chance of the Google Earth co-ordinates so us western foreigners we can better appreciate where/how it happened? If there are three lanes numbered 1 to 3 from the kerbside (being lane 1) to centre of road (being lane 3) were you merging (or merged) from lane 1 into lane 2 or from lane 2 to into lane 3 and what lane was the other vehicle in before and after the collision? I suspect the argument will also be about a moving vehicle hitting a stationery vehicle with the latter generally having right of way however it got there; i.e it will argued you should have been watching the right hand lane in your mirror and been able to anticipate what might happen and stop in time to avoid the collision.
Remember these situations are decided on not what is fair and equitable but the road laws and accepted precedents. And yes good driving is a lot about assuming that everyone else on the road is stupid and will do the silly, dangerous, selfish and unexpected thing.
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regards Blue |
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#50 | ||
FF.Com.Au Hardcore
Join Date: Sep 2006
Posts: 721
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I agree with ryan stev, threaten to take him to court and that youve got a witness, if hes smart he'll back away.
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#51 | |||
Regular Member
Join Date: Aug 2008
Posts: 2,867
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Good luck with your claim. |
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#52 | ||||
Lion Tammer
Join Date: Oct 2008
Posts: 341
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Don't drive faster than your Guardian Angel can fly
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#53 | ||
Donating Member
![]() Join Date: Dec 2006
Posts: 5,509
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First thing to do is whip out the mobile and take pictures of where you stopped, then clear the way,
Then take pixs of his car damage, number plates, nearby street signs, the glass etc on the road from the impact and then switch it to record put in your pocket and go and talk to him. Doing this had saved me a few times when people suddenly change their story after making a claim |
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#54 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: Sydney
Posts: 1,974
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You will most likley be deemed at fault as you hit him in the rear - personally I think your both at fault. You say you left enough room to stop - but obviosuly you didn't if you hit him - in other words you didn't account for all potential hazards (this includes morons cutting in front of you). Not having a go here, just telling you how it is.
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1966 Ford Mustang coupe. 347 stroker, PA reverse manual C4, TCE high stall converter, B&M Pro Ratchet, Edelbrock alum heads, Edelbrock intake manifold, MSD ignition, Holley Street HP 750 CFM carb, gilmer drive, wrapped Hooker Super Comp Headers, dual 3" straight through exhaust, Bilstein shocks, custom springs, full poly suspension, American Racing rims, Open Tracker roller spring saddles and shelby drop. Still to go - Holley Sniper EFI with integrated fuel cell. |
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#55 | ||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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You will be held at fault. No if's or but's.
You should have changed lanes earlier when it was safer. You hit someone in the rear who passed you. You had plenty of time to prevent this.
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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#56 | ||
miss torque
Join Date: Feb 2007
Location: melbourne
Posts: 14
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there really needs to be more policing of cars taking traffic on than what there is. i love that people think speed gaps are actually gaps for their cars.
i can see how the other person is at fault here. but at the same time, i do agree that perhaps it was left too late to change lanes. but i nearly had an accident where i would have been in the same boat - i would have slammed into someone's butt even though i was doing nothing wrong. i was going the speed limit in the left lane, and had a car from the middle lane come into my lane, who didnt take into consideration the speed i was going. i was a fair way behind, and could see this, so i took my foot off the accelerator. then a car from the far right lane did something incredible dangerous (did i mention this was in the wet?) and cut 2 lanes into the left lane. the car who cut in front of me slammed their brakes on, but they were only doing 50 or so because they'd just pulled out, whereas i was still going around 75 - the speed limit 80. i reckon i missed that car's tush by millimetres. i would have argued until i was blue in the face that both of those cars had taken traffic on, but i bet i would have still be found to be at fault. |
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#57 | ||
Fart Powered™
Join Date: Sep 2007
Location: Perth
Posts: 869
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EgoXR, I completely understand what you are saying and I would be furious! The other day I saw a 4wd change lanes in a gap that was barely big enough for 1 car (and he had a trailer!) But what completely astounded me was he accelerated to make this gap, in a fashion that can only be explained as "All or nothing". I tried to catch up to him to take a look at this idiot... But he must have been 40+kmph over the speed limit.
I believe you are not in the wrong given what you said, but recently I haven't been given much faith in the law.... Sorry bud. We really need a CCTV network of the highways/freeways and main roads.
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"Ye tho I walk through the valley of rice... I fear no turbo...for torque are with me." |
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#58 | ||
FF.Com.Au Hardcore
Join Date: Mar 2005
Location: Filling up
Posts: 1,459
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I dont like your chances (usually any time you hit someone in the back with the front of your car you cop the blame - I am not saying its right)
However - you stated that the other driver is half in your lane and half in the other lane, make sure you point this out to your insurance company (they might ask you to draw a diagram) IMHO this is your only way out, then let your insurance company battle it out with him (or his insurance company) You might find some members here who work for an insurance company they might be able to help you out more.
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VIXEN MK II GT 0238 with Sunroof and tinted windows with out all the go fast bits I actually need ![]() |
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#59 | ||
Ford Owner
Join Date: Jan 2009
Location: Gold Coast
Posts: 297
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the only way i can see you getting off, as in proving the other person was in the wrong is to find a legal fault in what he did with proof.
Legally, isn't he by law supposed to indicate 3 seconds before his intention to turn or move lanes? This will be hard to prove if it is the case and you use this as a defence, how ever it can be done if you have the photos and police report to prove distances. Given there are no witnesses to verify what happend if this is the case. This is how i defended a similar instance many years ago, i actualy got off and he was found in the wrong for not indicating 3 seconds before he intended to turn, police reports and measurements etc were all submited to support my case. Good luck any ways |
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#60 | ||
Regular Member
Join Date: Mar 2008
Posts: 317
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EgoXR... I also understand what you are saying. You have explained it very clearly three times now. What I don't understand is how some people on here, after reading it three times, are still not following what took place. I was getting frustrated reading this thread because so many people were clearly not reading what you were saying... that or they are a bit thick in the head lol.
Good luck to you mate. Let's hope the insurance company understands a little better. Maybe go in an see them - take sock puppets and pretty diagrams :P Matt |
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