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Need some adivice NSW accident

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Zbike, Jan 9, 2009.

  1. Code:
    Anyways Here is what happened
    
    Car infront of me slows down to an almost complete stop in the right most part of my lane.
    
    I go around the car to the left. As it is a very wide single lane in suburbia
    
    As i am parallel to the the car i am overtaking he changes his mind turns left and hits my car near the front tyre.
    
    The guys was obviously lost looking for a delivery address as i could tell via the clipboard.
    Willing to pay for a consultation fee to go to a traffic lawyer or simmilar just need an honest one to tell me how it and who is at fault.



    I am willing to pay for repairs to his car if i am at fault, but would like a few opinions to suggest wether or not i am before i fork out what could be thousands.

    Not intrested in discussing insurance or whatnot. I can see that i should not have overtaken on the left but any resonalbe person would have done the same. Also car infront did not indicate
     
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  2. Nah, legally, the reasonable person obeys traffic laws.

    Best of luck, mate.
     
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  3. No indicate = he's at fault. He also has to turn from as far left of the lane/road as reasonable, thus he's at fault. The RTA has NSW road rules on its website (PDF if I recall) which cover this. Find those :)

    Still, without a witness (did you get any witness details?) it's going to be your word against his.
     
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  4. Doesn't he have some circumstantial arguments in his favour, such as, firstly, if the bloke had his left blinker on I would have hardly have chosen to overtaken him on the left, and secondly, if the bloke was on the left hand side of the lane I would have overtaken him on the right hand side of the lane.

    Hence the most probable scenario is that the bloke did not have his blinker on and was on the right hand side of the lane.
     
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  5. I love net rider sometimes,
    Zeddicus I owe you one i found it

    thank you aswell speed_demon

    With my conscience i could not have known i was at fault and not payed the guy. But since i thinks its at least 50/50 each repairs there own cars and its happy days. (other bloke has insurance im pretty sure) and i can do all my own work.
     
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  6. He's at fault, why pay repairs for your bike when he caused the damage?

    *edit* Careful with those definitions... technically I don't think what you quotes from the RTA applies as it sounds like you were not at an intersection. There is another rule there somewhere which talks about turning into side roads and 'road related areas' (driveways, parking lots and such) which basically says the same thing but leaves less room for argument.

    IIRC there's a sticky here somewhere about letters of demand, which is probably what I'd be doing next if I were you.
     
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  8. Oooh you are correct, I must have misread. Apologies.
     
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  9. If you were both in the same lane which it sounds like you were, and you overtook him on the left, then my understanding is you are at fault regardless if he was stopping/driving stupidly or whatever.

    I had a mate in a similar situation accident - except he was the other guy. On a wide single lane road he went right to turn left into his driveway (dumb I know) and a car shot up the inside (like you did) and he hit him as he turned into his driveway. Other guys fault and his insurance paid for it.
     
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  10. Part of the rule about "No overtake to the left of a vehicle" has an exception:-
    The question now becomes, had he completely stopped? If so, then I reckon you could claim it was safe to overtake to the left as he didn't have his indicator on. But from your description it sounds like he hadn't completely stopped and if he was still moving then I reckon you are in breach of rule 141 and are gone, even though he contributed to the accident by not indicating and not keeping left if turning left.
     
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  11. Good point gegvasco, but the OP says "almost stationary" not stationary. The problem will come I guess arguing if he was stationary or not. He wasn't indicating to turn right, and was still moving (although very slowly). Unfortunately I don't fancy the OP's chances on this one, but all the best with it.
     
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  12. You should try reading ALL of someone's post before responding.
     
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  13. I have read ALL his post, and I stand by what I've said.
     
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  14. I'll agree with Drew... there is a couple of things you did wrong.

    1. The car was ALMOST STOPPED

    The above means he slowed down, didn't stop at that time wasn't turning.

    2. I go around the car to the left (Overtake on the Left)

    You must always over take on the right.

    Unfortunatly for you, your at fault. wether the other driver had his indicator on or not, you over took on the left and got hit. Maybe if ya had 10 seconds more patients and slowed to an almost stop it would have all been avoided.
     
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  15. law, schmaw

    You should have had the patience to wait until the driver in front completed his turn (or didn't, as in this case) and then made whatever move you wanted to make. It's a 50 kph zone; how much longer would it have taken you getting to your destination if you had braked, waited for him to sort out what he was doing, and then moved on? Sorry, you put yourself in a situation of potential danger, and the potential turned actual.
     
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  16. People say stuff like this, but when on the road, you have to trust people will continue on their chosen path to some extent, otherwise you would never leave your driveway.

    If the guy slowed down and was on the right side of the road, I would have cautiously gone past him on the left. Especially since it is such a wide road. I suspect Hornet that you have done this innumerable times in the past yourself.

    And if I am in a car and do something like that, I ALWAYS check to see that someone hasn't reacted to my initially path. I used to deliver pizzas so you had to be very wary of changing your mind at the last minute.

    You could possibly have been more careful - that's the stuff you have to develop a sixth sense to, using tiny clues. But in the end, the other guy should be the one to foot the bill - as per rules mentioned above. That's what I'd be pursuing.
     
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  17. He broke the above rule. (even if he wasnt stationary,)
    Even if i broke the no overtaking rule.
    They both carry the same amount of weight in the rule book. (20 penalty units).

    I will probaly get hounded by his insurance but i see 50/50 blame at worst. Im not paying his damages and have a clear conscience.
     
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  18. Morbo, I understand what you are saying, and, yes, we've all done similar in similar circumstances. But there's a rogue factor here, ESPECIALLY if you are on a bike, and that's the guy hidden behind the car you're coming round, who you can't see, and who can't see you, and who's entering YOUR road! I've been driving and riding a long time, and the situation of this accident is one that always has my spidey senses tingling, usually prompting me to wait till it's all played out before I proceed.
     
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  19. Sorry Zbike, upon viewing you google maps link I realised I completely misinterpreted the situation in my first post (for some strange reason I thought it was a divided road).

    Zeddicus was right, the driver failed to indicate and failed to turn as near as practicable to the left.

    If the driver's insurance company sends a letter of demand to you, you will have to reply with a letter stating the facts (from your point of view), the relevant law the driver has broken (proves that you are no push over and are willing to fight this), and that you wish to counter-claim for damages to your motorcycle.

    I would also state very clearly that you would not have attempted to overtake the driver on the left were it not patently obvious he was about to turn right (evidenced by him slowing down to almost a complete stop on the right hand side of the wide lane). Then point out that if he hadn't have changed his mind at the last second and without warning, s141c (as quoted by gegvasco) would have applied, and your actions would have been perfectly legal.


    DrewBytes, the point gegvasco was making is that you failed to read all of gegvasco's post.

    Hornet, I agree with you. Personally, I would have horned the bastard. I have no patience for people who fail to indicate, let alone people who fail to indicate and come to a stop in the middle of the road.
     
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