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NSW Lane Filtering incident

Discussion in 'Politics, Laws, Government & Insurance' started by kitto, Nov 20, 2015.

  1. Hi fellow riders,

    I need your help and suggestion about lane filtering and change lane during the red light.

    Accident Description:
    All of the event described was during the red light (the light doesnt change to green or amber when the accident happen).

    I am a full licensed rider in NSW, Sydney and was filtering the lane (my speed was less than 15 km/h) in the middle of 2 lanes and about to change the lane between 2 cars (turning left between the car in front and on my rear), I turned my signal on and when I was 1/4 way to change the lane, and then the car on my rear lightly accelerated and hit the back of my vespa. It was a small scratch on my vespa and on the car (not a big accident), but the car owner lodged to the insurance company and they deemed I was at fault because I change the lane dangerously.

    I am confident that I am not at fault as the light was still red when I change the lane (with a good buffer of approximately another 30 seconds before the light change green), I turned my signal on and there is an ample space between these cars for me to change lane. At the moment, the insurance company stated that I am responsible but I rejected and want to appeal. And now the Debt Collection Agency is asking for the accident description and diagram about this.

    At the moment, I am not sure what to write in the accident description and diagram as I feel that the Insurance Company or the Collection Agent would be subjective on this matter.

    What do you think guys? Any help or suggestion is appreciated.
  2. talk to your insurance company and give them your description of the incident. I imagine they would then act on your behalf with the other parties insurer.
    • Agree Agree x 2
  3. OP you ride a scooter - you are 100% at fault. Hanging is too good for you.
    • Funny Funny x 7
    • Like Like x 2
    • Agree Agree x 1
  4. Beat me to it. Scooterati are always wrong.
    • Like Like x 1
  5. ^^Speaks the truth.
  6. Apparently I am not insured :(
  7. Generally even if there is a gap, if you are entering another lane with another vehicle already in it - even if they are back a bit, the insurance companies simply deem you at fault.

    I.e. If the damage is to the side of your scooter - then your fault, if the damage to the rear - then car behind (although if they can prove you left them no time to brake even that could be deemed your fault).

    Remember, even if the lights are red and traffic not moving - gaps can still be traps! If the car moves forward to close gap, and that happens quite a bit when they have finished text messaging or updating the Facebook status, and they realise they can still move forward - they will without warning.

    Without more info it doesn't sound like you have much of a case.
    • Like Like x 1
  8. Thanks AyeKay, gives me a new perspective of safe riding in the city
    • Like Like x 1
  9. Looks like you're fcuked then.
    • Agree Agree x 1
  10. Glad you sound ok, paint can be easily fixed - but sometimes it can be costly. It wasn't a Ferrari or luxury car was it?
  11. never go on the road if you're not insured - asking for trouble
    • Agree Agree x 9
  12. when you say "change the lane", you were joining that lane, from filtering between lanes..
    or you were cutting from between two lanes, fully across the left lane, to be on the left side of the left lane?

    filtering (in NSW) is to get to the front... cutting across in front of cages mid-lane is fraught with numpty danger!

    but if car hit th BACK of your scoot, then car is in wrong (as stated above), and can take to court I suppose

    as for what to write, write the truth, draw detailed pictures, take detailed pictures of scoot showing what direction the contact occurred..

    did you get pictures of the damage to the car? if not, next time, take pictures at th time.. so driver doesn't scratch it up more afterwards
    • Agree Agree x 1
  13. so sounds like you indicated late, turned late and the cage was quicker than you?

    so you put your indicator on after moving over to the left in your lane before moving fully into the other lane?

    if i were the car i would lodge it to insurance tok? did he / she have a dash cam?
  14. Without a diagram it makes it hard to give an opinion.
    My personal opinion is that the rider inevitably will be found at fault in nearly all filtering related crashes due to the wording of the legislation that pretty much says that if the rider hasn't room to take evasive manoeuvres in the event of a collision they are committing an offence of overtaking while unsafe.
    I just wont filter. Its not worth the risk.
  15. I just wont stay at the back of the queue - it's not worth the risk. :)
    • Agree Agree x 6
  16. was the car stationary when you turned in front of it? If so, you are unlikely to be at fault. I suggest take it to smal claims tribunal.
  17. He won't filter because its just too difficult to :)


    NCAT do not adjudicate such matters.

    • Funny Funny x 1
  18. Um... in that case you are going to have to pay. When two insurance companies square off against each other to work out who's at fault they have similar legal budgets and it gets worked out, but when you as an individual face an insurance company I don't see you having any real chance of winning.
  19. Yes - it seems these days you need to be insured against insurance companies.

    However regardless, I still think it's crazy to not have 3rd party insurance and be on the road. Some cars on the roads are worth more than I've paid off my house - and it's a great peace of mind to know that if I do slip up (or they lie) - I'm not going to lose the roof over my head.

    I've always lived with the motto - if I can't afford to insure it, I can't afford to buy it.

    This could be a blessing in disguise for the OP. It might be a small amount that he has to pay to learn something that might save him a lot more down the path.
    • Agree Agree x 1
  20. I'd suggest contact the Motorcycle Council of NSW and ask for their input.

    IMHO regardless of your filtering, if the other vehicle hit the rear of your scooter then they are at fault.