Who's fault? - right turn and overtaking car collision

Civil liability

Who's fault?

Me?
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Total votes: 2

Caffiee
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Joined: Sat Feb 15, 2020 10:55 am

Who's fault? - right turn and overtaking car collision

Postby Caffiee » Sat Feb 15, 2020 12:33 pm

Hi,

After reading some of the other posts here I'm really hoping I can get some help on this.

I was recently involved in a car accident and unfortunately I am uninsured. The other party is though. I have never been in a car accident and would like to know what to expect.

Both cars have significant damage (possibly both repairable write offs) and there was a fence that was damaged when his car crashed into it.

Incident occurred as I was leaving my home. My house is around a T intersection (where the side street forms part of my route to work).

Main street is a 2 way street, one lane in each direction (with bike lanes) and a dotted line seperating the two directions.

I was reversing out of my driveway to join the flow of traffic. I had seen a car travelling in the same direction (at least 200m away on a 50km/hr street) and had judged that it would be sufficient time to safely enter the road, change from reverse to drive and prepare for my right turn into the side street (providing enough time for the other vehicles to see me and sufficient distance to react).

When preparing my right turn, I check my mirrors, indicate, waited for the oncoming car to pass, head check and had started to turn right. The car which was travelling behind me attempts to overtake by crossing over to the otherside of the road and slams into the driver's side of my car. He's crashed into my front wheel (on the driver's side), mounting the gutter and running into the fence of the nearby house. My car was pushed along the wrong side of the road from the impact and had stopped halfway on the lane of oncoming traffic and the bike lane.

Done my checks for oncoming traffic prior to entering the turn so I did not collide with another car or cyclist coming from the other direction. There were no other cars or pedestrians around, we dont have any witnesses. All the neighbours did come out due to the noise but no one actually witnessed the crash.

Luckily no one was hurt (I had a bit of a bump on the head and the other driver had a bump on the nose from his airbags).

Given that I was turning right, he shouldn't have tried to overtake me. But the other driver claimed he didnt see me indicate.

Who is at fault?

Is there any chance I could be considered 100% liable for the accident?

Also, what can I expect to hear from his insurers if he claims I'm completely at fault? Should I actually say anything to them when they call? Do i deny fault? Do I proceed to make a claim against him? Would I fill out any documents or statements?

Given the value of the cars (possibly 10k each) I dont want a lengthy court battle and my main concern is I am uninsured.

If it comes down to negotiations, what percentage of liablily would I agree to (given that his insurer will most likely try to bully me into accepting most, if not all the blame)?

Obviously I will need a lawyer or negotiator at some point. I'm trying to keep the costs of dealing with this as low as possible (given the value of my car as well) so any recommendations?

Thank you in advance.

Hardy
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Re: Who's fault? - right turn and overtaking car collision

Postby Hardy » Sat Feb 15, 2020 5:00 pm

If your loss is over $10k then go see a lawyer to make a claim against the other driver. Simple as that - it doesn’t matter whether we think you are at fault or not. A better question is who do you think is at fault - you were there and we weren’t. You should sue him before he sues you.

Caffiee
Posts: 2
Joined: Sat Feb 15, 2020 10:55 am

Re: Who's fault? - right turn and overtaking car collision

Postby Caffiee » Sat Feb 15, 2020 5:18 pm

Thanks for the reply Hardy.

I believe he's at fault. He's attempted to overtake when I was making a right turn.

I'm just afraid of how the situation will be handled given that I am uninsured (so will be making the claim and case myself) as opposed to having someone to negotiate and investigate for me.

I just don't want to be bullied by an insurance company into accepting fault or majority of the liability when I believe it's his fault.

Do you have any recommendations for a lawyer I could see? Most are for personal injuries but this is just property damage.

Just wondering how I should handle a call from his insurer. Do I give them my side? I assume that they would just try to spin it on me.

Not sure how I would go about making a claim against him without it leading to a dispute in court.

Would rather not go through court proceedings if I could avoid it

Hardy
Site Admin
Posts: 8295
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Who's fault? - right turn and overtaking car collision

Postby Hardy » Sat Feb 15, 2020 8:39 pm

You’ll find plenty of car accident lawyers on google.
Your panel beater might also be able to point you to someone because they often get involved in cost recovery claims.


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