indicator's in a car insurance.

belvo · 03-09-2011, 05:05 PM

so i had a car crash today nothing big im fine and there car has little damage but im not sure if its my fault or the other driver. i was waiting in a side street waiting to go on to a main road it was very busy so i waited for my time so when it came a person had there indicator on when they came around the bend on the road and veared in to the turn lane so i pulled in to traffic only got like a meter as i pulled in the person turned there indicator of and carried on and crashed in to me.

any body know the rules about indicators in car crashes.

krzysiek · 03-09-2011, 05:20 PM

I have pretty much no valuable contribution as I don't know myself well with insurance. However, I will say that it will be a very hard case to prove or disprove correct use of indicators now that everyone involved has gone home and would swiftly deny such accusations.

sgt_doofey · 03-09-2011, 05:26 PM

It's your fault for not giving way to all other traffic, whether or not they have their indicators doesn't count.
That is the reason why I sit there and wait for the car to start turning before I pull out.

05_ENFORCER · 03-09-2011, 05:34 PM

What sarge said unfortunately.
Turning into oncoming traffic, regardless of the others indication.

.

2011G6E · 04-09-2011, 04:02 PM

Quote:

Originally Posted by sgt_doofey

It's your fault for not giving way to all other traffic, whether or not they have their indicators doesn't count.
That is the reason why I sit there and wait for the car to start turning before I pull out.

Spot on unfortunately...I don't trust any bugger until i see them starting to turn and beyond the point of changing thier mind, like right beside me heading round the corner.

After years of riding a motorbike you soon learn never to trust any indicated signal from an oncoming car...

**Mechan1k** · 03-09-2011, 05:34 PM

The only way to clear it is with video evidence .... but very hard though even if you have a camera setup as a straight-ahead unit as well.

You need witnesses to help prove your case in the end.

Still ... it is a case of failing to give way to traffic on your right ... very grey area ... and the insurance company will probably go against you. I'm with Sgt Doofey here ... I don't trust people out on the road.

belvo · 03-09-2011, 05:35 PM

if its my fault i have to pay for there excess but do i have to get my car repaired if i tell my insurance company because there is very little damage to my car and a fair bit to there car it wouldn't be worth while getting insurance to fix it

**Mechan1k** · 03-09-2011, 05:38 PM

I thought it's a case of paying your own excess ... and the rest just gets sorted by insurance .... if you have to pay your excess ... you may as well get the car fixed under insurance regardless ... not going to cost you extra ... unless you have a dodgy insurance company.

Although ... I am speaking about Full Comprehensive insurance though .... if you have third party property, etc ..... your own car won't be covered then ... then you pay out of pocket yourself.

belvo · 03-09-2011, 05:41 PM

would excess be larger if i am at fault

BadMax · 03-09-2011, 05:44 PM

Quote:

Originally Posted by belvo

would excess be larger if i am at fault

Dude, check your insurance PDS. Excess' are usualy aroundthe $500 mark, there is no point not getting your car fixed as the excess doesn't change and covers your damage and theirs unless it's on TP.

**Mechan1k** · 03-09-2011, 05:45 PM

Whatever your at fault excess is.
How old are you???? Do you have an added age excess????
It doesn't matter really ... as you will get charged that from the insurance company regardless.

Thunderchild · 03-09-2011, 05:56 PM

A wife of a mate years ago had the same thing happen, she waited until she a had a chance to merge when someone was indicating to go down the street she was coming out of and was run into. It was deemed her fault as she had not given way to her right ( the other driver was indicating to turn into his driveway a few houses up not turn into the street.)

sudszy · 03-09-2011, 08:56 PM

Quote:

Originally Posted by Thunderchild

A wife of a mate years ago had the same thing happen, she waited until she a had a chance to merge when someone was indicating to go down the street she was coming out of and was run into. It was deemed her fault as she had not given way to her right ( the other driver was indicating to turn into his driveway a few houses up not turn into the street.)

Don't know what state the OP is from, but in vic, I dont believe there is any such law about giving way to the right any more.

I agree with the other posters, whether their indicator was on or not isnt going to get the OP of the hook. As has been pointed out, the car could have going to pull up at the kerb 10m past the intersection, it would have had to have its indicator on before the intersection to legally do that. Not saying that what the other driver did was best practice, one needs to think about how others will interpret your signals, especially if you apply them too early.

For the OP, best thing to do would be count your blessing you didnt decide to make the same mistake in front of a concrete mixer and take care next time.

AWD Chaser · 03-09-2011, 06:12 PM

Quote:

Originally Posted by belvo

so i had a car crash today nothing big im fine and there car has little damage but im not sure if its my fault or the other driver. i was waiting in a side street waiting to go on to a main road it was very busy so i waited for my time so when it came a person had there indicator on when they came around the bend on the road and veared in to the turn lane so i pulled in to traffic only got like a meter as i pulled in the person turned there indicator of and carried on and crashed in to me.

any body know the rules about indicators in car crashes.

Where is the damage? If you pulled out then they hit you in the rear, you may not be liable.

If they hit you on the side, then because of the whole give way to your right, it may not cut it....

rancidpunx · 03-09-2011, 06:17 PM

For this reason first thing I would be doing in an accident thats not my fault is stop the car behind and ask if they would be a witness as well as grab a few photos on the camera phone. It sucks but without an witnesses you will be held at fault for not giving way to the right.

belvo · 03-09-2011, 06:30 PM

Quote:

Where is the damage? If you pulled out then they hit you in the rear, you may not be liable.

If they hit you on the side, then because of the whole give way to your right, it may not cut it....

they drove in to the front rail chassis of my Ute as i had stopped once i saw they kept going straight

belvo · 03-09-2011, 06:34 PM

Quote:

For this reason first thing I would be doing in an accident thats not my fault is stop the car behind and ask if they would be a witness as well as grab a few photos on the camera phone. It sucks but without an witnesses you will be held at fault for not giving way to the right.

I tried to get a witness but she just drove off the guy did admit he put his indicator on but doubt he will say that to his insurance

cobramania · 03-09-2011, 06:53 PM

Rule no. 1 if you've had an accident (even your insurance company will tell you this). Never admit responsibility or that it's your fault, even if it's blatantly obvious you are. It's up to the police or the insurance company to decide/fight it out, who's at fault & who has to pay. Tell the insurance company, he had his indicator on but didn't turn & admitted it to you at the scene of the accident. Insurance at fault liability is often different to legal at fault liabilities. In this case police wise, you'd be charged for neg driving by not giving way to your right, but insurance wise, his admitted not indicating correctly, & effectively being his fault.

gtxb67 · 03-09-2011, 06:51 PM

as far as i am aware, you are allowed to change your mind on the road. it may not be fair, but it would take all of the guess work out of an accident like yours. it does ensure that we do not pull out into traffic . . . . once again, not necessarily fair, but it's the way it is

as far as excess goes, you will "probably" be charged the same no matter how much or little damage there is, so as others have suggested, you are probably best to get your car fixed too

belvo · 03-09-2011, 07:41 PM

thanks for the info guys but i think my excess is gonna be huge as the cars in my old mans name and im under 24

xisled · 04-09-2011, 01:22 PM

From an insurance claims view. The OP is held responsible because he has not given way to all traffic on the intersection, entering a intersection when unsafe to do so. Even if the OP had 1000 witness to confirm the indicator was on. The fact is that he has hit a car already established on the main road will go against him. Admitting fault at the scene means nothing.

cobramania · 04-09-2011, 02:20 PM

Quote:

Originally Posted by xisled

From an insurance claims view. The OP is held responsible because he has not given way to all traffic on the intersection, entering a intersection when unsafe to do so. Even if the OP had 1000 witness to confirm the indicator was on. The fact is that he has hit a car already established on the main road will go against him. Admitting fault at the scene means nothing.

Have you read your insurance PDS lately?

This is a copy out of mine, which just happens to be with Shannons.

WHAT YOU MUST NOT DO WHEN YOU MAKE A CLAIM
✗✗ Admit fault. You must not admit fault or liability to anyone,
offer, agree or promise to settle any claim without our prior
consent. If you do so, we can refuse to pay your claim.

If the police aren't involved, & no one was hurt, the rules of the road or the law, has little to do with an insurance claim/point of view, it's all about liability, yours or the other persons, your insurance company won't pay out, if they can get the other person to admit "at fault" & have the other insurance company pay instead.

Yellow_Festiva · 05-09-2011, 09:43 AM

Quote:

Originally Posted by cobramania

Have you read your insurance PDS lately?

This is a copy out of mine, which just happens to be with Shannons.

WHAT YOU MUST NOT DO WHEN YOU MAKE A CLAIM
✗✗ Admit fault. You must not admit fault or liability to anyone,
offer, agree or promise to settle any claim without our prior
consent. If you do so, we can refuse to pay your claim.

If the police aren't involved, & no one was hurt, the rules of the road or the law, has little to do with an insurance claim/point of view, it's all about liability, yours or the other persons, your insurance company won't pay out, if they can get the other person to admit "at fault" & have the other insurance company pay instead.

I guess each case is different. If you know you stuffed up then you say sorry and move along with life.

I had an accident a few years ago which killed the Festiva. It was my fault, even though I was given the 'all clear' signal from drivers to turn across them. I thought I was turning across 2 lanes, and got t-boned by the car driving in the 3rd lane.

First thing I did was get out to see if she was ok, admitted fault and then made the scene as safe as possible for other cars.

Her car was able to be moved, mine wasn't. She called the police in front of me and I didn't object. I know I stuffed up and she had every right to in the end.

10 min later, her hubby turns up. Big, gruffy trady looking bloke, the sort you don't want to pick a fight with in a bar. I'm thinking I'm going to either get yelled at, threatened or belted. He walks up to me and before anything is said I tell him how sorry I was, and that I had full insurance and have admitted fault. I also told him I will be paying my ($2000) excess the next day and you won't be getting any grief from me regarding the claim.

He put his arm around my neck, gave me a pat on the back and said don't worry, we all make mistakes, as long as no one was hurt, that's want counts.

Anyway.... I said as a joke... funny how the towies are here before the police. He looked at me and said, who called the coppers? I said your wife mate.

He rolled his eyes, told me not to worry and went to have a chat with his wife. She called them back, and he explained that both cars were moved (by then the towy got my car away from the scene and in a side street). And that both parties have exchanged details and it will go through insurance. He suggested that they were no longer needed, but were welcome to come if they weren't busy.

The police never came, I paid my excess soon after and carried on with life, along the way learning some valuable lessons.

I wonder how it would have went if I stood there, admitted nothing and acted like a total tool about it?

xisled · 05-09-2011, 01:31 PM

Quote:

Originally Posted by cobramania

Have you read your insurance PDS lately?

This is a copy out of mine, which just happens to be with Shannons.

WHAT YOU MUST NOT DO WHEN YOU MAKE A CLAIM
✗✗ Admit fault. You must not admit fault or liability to anyone,
offer, agree or promise to settle any claim without our prior
consent. If you do so, we can refuse to pay your claim.

If the police aren't involved, & no one was hurt, the rules of the road or the law, has little to do with an insurance claim/point of view, it's all about liability, yours or the other persons, your insurance company won't pay out, if they can get the other person to admit "at fault" & have the other insurance company pay instead.

No I do not need to read a PDS to know this. Try and prove that a person has admitted fault at a accident scene. It is impossible. Never been able to do it once in my 5 years in motor claims.

With the police report thing. Each state has it own rules on when a police report needs to be lodged. In Vic only time is when someone is hurt. In S.A for example, it is when someone is hurt or if the property damage is over $1000.

el_wagon · 04-09-2011, 01:49 PM

you say they veered into the turn lane? did they cross an unbroken white line when they changed their mind?

Fordba04 · 04-09-2011, 01:51 PM

no good

**Sorted** · 04-09-2011, 02:08 PM

I got pinged for being in a right hand turn lane then going straight.
The right hand turn lane light turned red so I went straight instead which had a green light - I even indicated to go back in the straight lane lol

But in saying that if your on a side street you must give way to all traffic on the main road before you enter EVEN if the main road has 3 lanes and the oncoming car is in the far lane - ie not the lane your going to turn into.

MAD · 05-09-2011, 11:07 AM

Quote:

Originally Posted by Sorted

I got pinged for being in a right hand turn lane then going straight.
The right hand turn lane light turned red so I went straight instead which had a green light - I even indicated to go back in the straight lane lol

Two options for getting pinged there. Going through a red, if you entered the intersection from the right turn lane, or crossing a single unbroken line if you moved out of the lane before the intersection.

To the OP, if you file a police report, as mentioned by prydey, most likely they will charge you with the traffic offence due to the available evidence (ie. you being hit in the side), then you would have to fight that separatley.

belvo · 04-09-2011, 02:57 PM

Quote:

you say they veered into the turn lane? did they cross an unbroken white line when they changed their mind?

im preaty sure they entered in a unbroken line but pulled out on a solid line well that's what i said to insurance

el_wagon · 04-09-2011, 03:01 PM

Quote:

Originally Posted by belvo

im preaty sure they entered in a unbroken line but pulled out on a solid line well that's what i said to insurance

I think that's your only hope of not paying an excess, as far as I know they have gone past the point of no return once the white line is solid and it's a turning lane.