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Am I responsible for the accident?

Discussion in 'The Pub' started by NoobNova, Dec 16, 2013.

  1. Hello Netriders,

    So about a month ago I involved in an car accident. I thought the other driver was at fault, but today when I called insurance company, they said it's my fault.

    *so I was coming out of a restaurant's driveway, wanted to turn right, the road I wanted to merge into is a double lined road. So coming out from the resturant's driveway I cross the double lined road (at the shop's driveway, there is no "No Right Turn" sign), and stopped behind the other car (my driver side facing the car in front because there's no room for me to turn any further). Then the driver in front reversed his car and hit into the side of my car.*

    Today the insurance company told me it is illegal to turn right when the road is double lined, even coming out of restaurant (commercial buildings) or house (private buildings), thus it is my full responsibility to pay for the damage. Also the driver at fault told insurance company it was me who did an U turn and hit his car, which is a total BS. But there was no witness so he can say whatever he wants.

    So the insurance claims that if I have not made that turn (which is "illegal" to their acknowledge). then the accident would not occur.

    I do not have any car insurance beside CTP. So it's me against the insurance company. I just want to clearify when I coming out from a restaurant (or any place) is it illegal to cross double lined road?

  2. So you stopped in the middle of the road?
  3. It is both your fault. That would be a each pay own if you didn't have insurance. Since you do you both pay excess and learn.
  4. There is a red light, the car that hit me stopped at red light, then I drive out my driveway and stopped behind his car.

    Sorry I cannot quite get what you mean? You mean it is 50/50? I do not have car insurance by the way, only CTP.

  5. Then you pay for your damage then they pay for theirs (their insurer pays for theirs and they pay for their excess).

    Are they asking for money or are they just telling you to get stuffed with your claim?
  6. You can't cross a double line. Pay up.
  7. so you stopped at an angle in the middle of the road?
  8. Regardless of what rules you may or may not have broke I can't see how you caused the accident. When reversing you have to give way to all other road users. At least that was the rule last time I checked.
    Go get yourself a copy of the nsw road rules.
  9. Even if turning right was legal there, you need to only turn right on any intersection when it is safe, since you had a collision, that would be hard to argue it was safe.

    You could definitely also argue that the other driver shouldn't be reversing unless safe as well (and since there was a collision he would have difficulty arguing it was safe).

    That is why you are both at fault.
  10. I must be having a bad day, because I'm having problems picturing what has happened here other than NoobNova seemed to have proceeded out of a driveway and got caught out by a red light, meaning he couldn't complete the turn. This tells me that NoobNova has a higher contributory fault than old mate that reversed in to him.
    • Agree Agree x 3
  11. You don't think that because he was at an angle (didn't complete the turn) that has any fault?

  12. Insurance company said they will send me the bill for other driver's damage. I can choose pay or find myself a lawyer if I don't want to pay.

    At this stage I don't think there is a 50/50. it's either his fault or my fault.
  13. If I read this right, the other driver was sitting at the lights and then reversed into the OP. I would think that what the OP did before that (illegal or not - although it was ;) ) is irrelevant to the collision.
    Good luck getting anyone to believe you though.
    • Agree Agree x 1
  14. I stopped at an angle, behind the car that hit me. I'm not quite sure what you mean by middle of the road. Yes I stop on the road, but I did not block any traffic from both side of the road (it was red light)

    When I decided to turn, there is no moving object, all the car I can see is at stationary. To me it is safe. If I don't merge, there soon will be more car stop behind the car that hit me. And I'll never be able to go onto the road.:confused: That's why I drive out even if it means I have to stop at an angle behind the other car.
  15. What you linked cannot be found
  16. So there is the red light, traffic stopped, I proceeded out of my driveway, crossed the double lined road and stopped at an angle behind the car that hit me.

    Rule 134 is for single continuous line. Can you find this rule for double continuous line? Whats difference between single and double continuous line anyway?
  17. #18 titus, Dec 16, 2013
    Last edited: Dec 16, 2013
    Just to get the complete picture, how long had you been sitting in this position before he reversed and hit you, NoobNova?
    The reason I ask is that if he had looked a second or two before you arrived to fill in the space while he was performing the manouevre, it's different to him not bothering to look after, say 10 seconds had elapsed.
  18. Nah mate. Doesn't really work that way. Your car is dead still, old mate is in front. Old mate reverses without looking - dings your car. Old mate is liable for damage (you've gotsta look before you go and all that).

    You could have been standing on the roof of your car shouting anti-semitic shit and threatening oncoming traffic with a handgun for all it matters (after, of course, having made a naughty turn across double yellows), totally separate from the bit that caused the damage.

    Only way it's causally linked is if you make that turn and, in doing so, hit something. Making the turn and then coming to a halt don't cut it.
    • Agree Agree x 1
  19. When I stopped about 5 seconds behind him, because I believe when he checked the mirror he didn't see any car, (there really wasn't any car until I drive out).

    This is what I thought, but to insurance's company's defense, if I didn't cross double lined road, this accident would not occur.