Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


View this topic in a long page with up to 500 replies per page Create new topic
1 | 2 | 3 | 4 | 5
2210 posts

Uber Geek
+1 received by user: 366


  # 1326521 17-Jun-2015 14:02
One person supports this post
Send private message

I would say good luck with winning this round, i had a similar incident at the infamous Royal Oak roundabout where a car pulled out on me and took out my front left, the basic rule that applies is that drivers must give way to vehicles on their right, its fairly irrefutable unfortunately

In this case the blue car has traveled half the roundabout compared to the red car travelling quarter of the roundabout, unless you can prove blue car speed was a factor I can't see any valid argument that could stick



1889 posts

Uber Geek
+1 received by user: 317


  # 1326530 17-Jun-2015 14:20
Send private message

Wade: I would say good luck with winning this round, i had a similar incident at the infamous Royal Oak roundabout where a car pulled out on me and took out my front left, the basic rule that applies is that drivers must give way to vehicles on their right, its fairly irrefutable unfortunately

In this case the blue car has traveled half the roundabout compared to the red car traveling quarter of the roundabout, unless you can prove blue car speed was a factor I can't see any valid argument that could stick


I think I've got a case.  Sorry to hear about your situation.  I don't have any experience with that round-a-bout from memory, but in your case the front was damaged.  In our case, the car has been hit from the edge of the driver's side door and scraped all the way down the right rear quarter panel.  It suggests that the driver that struck our car did not see us either and failed to merge safely.

Katy wasn't sure if they had their headlights on or not as she did not see them at all.  Although that could have been because the car struck her from behind.

I will be taking doublek69's advice and talking to the local police officer.  I think that's the best way forward for now until their insurer (ASB) gets back to us.





Sometimes what you don't get is a blessing in disguise!

 
 
 
 


3172 posts

Uber Geek
+1 received by user: 1628


  # 1326532 17-Jun-2015 14:23
2 people support this post
Send private message

Wow, what a crappy design!  Given we only have one side of the story(and hearsay at that?), if it did happen as you have indicated then you may have a case that the blue car made an unsafe lane change.  




Always be yourself, unless you can be Batman, then always be the Batman



31 posts

Geek
+1 received by user: 15


  # 1326554 17-Jun-2015 15:01
One person supports this post
Send private message

Just read this on the NZTA site: http://www.nzta.govt.nz/resources/roadcode/about-driving/giving-way-at-roundabouts.html

 

Multi-laned roundabouts

 

Most roundabouts that have more than one lane in each direction are marked with lanes and arrows, which help you enter and leave the roundabout. The lane markings and arrows will tell you which lane to use.

 

Not all roundabouts are marked the same way, so take extra care – especially at the exits. If you need to cross from one lane to another near an exit, give way to any vehicles in the lane that you want to enter.

***
That last sentence is key - the OP would have to change lanes in order to be in the same space as your partner. That would mean that they have a duty of care to "give way to any vehicles in the lane that you want to enter".



1889 posts

Uber Geek
+1 received by user: 317


  # 1326585 17-Jun-2015 15:18
Send private message

doublek69: Just read this on the NZTA site: http://www.nzta.govt.nz/resources/roadcode/about-driving/giving-way-at-roundabouts.html

Multi-laned roundabouts Most roundabouts that have more than one lane in each direction are marked with lanes and arrows, which help you enter and leave the roundabout. The lane markings and arrows will tell you which lane to use. Not all roundabouts are marked the same way, so take extra care – especially at the exits. If you need to cross from one lane to another near an exit, give way to any vehicles in the lane that you want to enter.

***
That last sentence is key - the OP would have to change lanes in order to be in the same space as your partner. That would mean that they have a duty of care to "give way to any vehicles in the lane that you want to enter".


Looks promising!  I saw this initially, but I think I have to establish better where exactly it happened on the round-a-about.  Katy made it sound as if it was nearest the exit, but I'll have to examine the photos.





Sometimes what you don't get is a blessing in disguise!

13945 posts

Uber Geek
+1 received by user: 6696

Trusted
Subscriber

  # 1326593 17-Jun-2015 15:29
One person supports this post
Send private message

The blue car certainly made a big effort to have the accident, I wonder if there is an element of road rage on behalf of the  blue driver and they have accelerated at her to show their displeasure.




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

Using empathy takes no energy and can gain so much. Try it.

 

 


gzt

10745 posts

Uber Geek
+1 received by user: 1777


  # 1326597 17-Jun-2015 15:39
Send private message

Could have been a squeeze situation where everything happens very fast. More so if night and other party lights off and Katy goes through without reducing speed.

I would be wary. It is possible the other party does not have insurance and or knows they are at fault.

Iirc there is a fairly simple diagnostic to know if lights were on or off at crash. Source: Police 10/7 or similar. Did police attend the incident?

 
 
 
 


gzt

10745 posts

Uber Geek
+1 received by user: 1777


  # 1326598 17-Jun-2015 15:40
Send private message

MikeB4: The blue car certainly made a big effort to have the accident, I wonder if there is an element of road rage on behalf of the  blue driver and they have accelerated at her to show their displeasure.

Or not knowing the layout, raining etc lights off.

4191 posts

Uber Geek
+1 received by user: 1427


  # 1326606 17-Jun-2015 15:54
Send private message

Wade: I would say good luck with winning this round, i had a similar incident at the infamous Royal Oak roundabout where a car pulled out on me and took out my front left, the basic rule that applies is that drivers must give way to vehicles on their right, its fairly irrefutable unfortunately

In this case the blue car has traveled half the roundabout compared to the red car travelling quarter of the roundabout, unless you can prove blue car speed was a factor I can't see any valid argument that could stick



I've experienced at busy roundabouts that often you can see the car on your right should give way to traffic on their right.   So, you proceed on the basis that the car on the right should give way to the car on their right. 


But, on the odd rare occasion the car on your right takes a needless risk and uses extreme acceleration to get through without giving way themselves to the car on their right. 

This gives you the absolute fright because you never expected them to do this. 

I'm just wondering, if this might apply in your case.  If everyone has a car to their right, it is a deadlock but someone must go first. If that was the case then the other driver could well be in the wrong because from your picture it appears they hit the rear of your vehicle which it should have been completely avoidable since your car was in front of them and they had full visibility of the situation.


And, even if in your case your car should have given way it does not give the other driver the right to hit you -- defensive driving!!  The judge might ask the other driver-- could they have slowed down to avoid colliding.






1889 posts

Uber Geek
+1 received by user: 317


  # 1326704 17-Jun-2015 17:11
Send private message

Katy can't say for sure if the lights on the Hilux were off, but this would explain why she didn't see it coming.  However, I believe in one of the photos she took of the number plate, the lights were on.  But this was after the incident unfortunately.  This was a theory based off of the fact she never actually saw the vehicle coming or hitting her.

Only today did I realise it was a two lane roundabout and she was traveling straight with the Hilux wanting to merge to travel in the same direction after approaching from the right of her.  It makes sense she did not see the truck coming as it hit her behind the driver's seat, right on the join of the driver's side door with the center pillar.  It apears as if the Hilux made an attempt to cut her off under the impression she "should have given way", yet she had she had nowhere to go considering she was in the middle/end of a roundabout when struck.  The damage seems a bit over the top considering the speed in which you are supposed to be traveling on a roundabout.  Katy was on her way to get dinner and in no particular rush as I was working late and told her to buy for herself only, so she was not speeding.  She is not a speed freak either.

She said she felt the car get hit and then the rear window burst after the second collision with the passenger side door.  The Hilux also scraped up the rear quarter panel too.  There is zero damage to the front half of the driver's side door and the front right quarter panel.  Why did it take so damn long for the Hilux to hit the brakes?  I can only conclude they were distracted at the time.  Although, I can't prove it, they did gang up on Katy and harass her exclaiming they were late to a birthday dinner and now they probably wouldn't make it.

I will amend the diagram if I get a better picture of where her vehicle was compared to the Hilux.  But when we drove through it this morning (here as a passenger), she indicated she was struck literally as I was exiting the roundabout.  As in, I had already prepared to exit with my indicator and was in the process of exiting.

I'm not sure if it was particularly busy, but it wasn't when I went through not 15 minutes later (not knowing a thing about the accident until I arrived home)  I will ask her if she saw headlights on the other side of the roundabout.

I have decided I'm going to fight this with all teeth bared, but will try my best to get State on side first.





Sometimes what you don't get is a blessing in disguise!

Baby Get Shaky!
1616 posts

Uber Geek
+1 received by user: 416

Trusted
Subscriber

  # 1326727 17-Jun-2015 17:53
Send private message

DravidDavid: Katy can't say for sure if the lights on the Hilux were off, but this would explain why she didn't see it coming.  However, I believe in one of the photos she took of the number plate, the lights were on.  But this was after the incident unfortunately.  This was a theory based off of the fact she never actually saw the vehicle coming or hitting her.

Only today did I realise it was a two lane roundabout and she was traveling straight with the Hilux wanting to merge to travel in the same direction after approaching from the right of her.  It makes sense she did not see the truck coming as it hit her behind the driver's seat, right on the join of the driver's side door with the center pillar.  It apears as if the Hilux made an attempt to cut her off under the impression she "should have given way", yet she had she had nowhere to go considering she was in the middle/end of a roundabout when struck.  The damage seems a bit over the top considering the speed in which you are supposed to be traveling on a roundabout.  Katy was on her way to get dinner and in no particular rush as I was working late and told her to buy for herself only, so she was not speeding.  She is not a speed freak either.

She said she felt the car get hit and then the rear window burst after the second collision with the passenger side door.  The Hilux also scraped up the rear quarter panel too.  There is zero damage to the front half of the driver's side door and the front right quarter panel.  Why did it take so damn long for the Hilux to hit the brakes?  I can only conclude they were distracted at the time.  Although, I can't prove it, they did gang up on Katy and harass her exclaiming they were late to a birthday dinner and now they probably wouldn't make it.

I will amend the diagram if I get a better picture of where her vehicle was compared to the Hilux.  But when we drove through it this morning (here as a passenger), she indicated she was struck literally as I was exiting the roundabout.  As in, I had already prepared to exit with my indicator and was in the process of exiting.

I'm not sure if it was particularly busy, but it wasn't when I went through not 15 minutes later (not knowing a thing about the accident until I arrived home)  I will ask her if she saw headlights on the other side of the roundabout.

I have decided I'm going to fight this with all teeth bared, but will try my best to get State on side first.


I'm going to hazard an educated guess and say that Police did not attend the scene? It appears the discussion has concluded that the other vehicle made an unsafe lane change. If State don't back down and you have to go this alone than it'd be best to have a complaint taken by Police to assist with civil proceedings. The downside of this is they may find your partner liable and issue an infringement.

Best of luck! I've had fun with insurance company's in the past and they are tactless beasts.

2866 posts

Uber Geek
+1 received by user: 685

Trusted
Lifetime subscriber

  # 1326735 17-Jun-2015 18:12
Send private message

a lot of conclusions being reached with only guesswork at best. Don't talk yourself into things that may not have happened as its easy to do.Lets not be judge jury and executioner.

As to State, never liked them they are very strict and will look for any loophjole to get out and always take the lowest bidder to fix things.




Galaxy S8

 

Garmin  Vivoactive 3






1889 posts

Uber Geek
+1 received by user: 317


  # 1326743 17-Jun-2015 18:29
One person supports this post
Send private message

jeffnz: a lot of conclusions being reached with only guesswork at best. Don't talk yourself into things that may not have happened as its easy to do.Lets not be judge jury and executioner.

As to State, never liked them they are very strict and will look for any loophole to get out and always take the lowest bidder to fix things.

Absolutely right.  And what I know is what Katy told me.  My brain is trying to rationalise the situation in my favour, but I know it's 50/50 when it comes to disputes like this.

It was the one and only day I've worked late in months and the only day this year that I had left my smartphone on my bedside table on charge and gone to work without it.  Otherwise, I could have been there in minutes.
Katy called the police and said they wouldn't attend as nobody was hurt.  The stupid thing is that there is a cop shop not 100 meters away from where the incident occurred.

I'm going to check if Mobil, or any of the other shops have CCTV on the roundabout, as there is an entry point directly after where the Hilux pulled out from.





Sometimes what you don't get is a blessing in disguise!

1256 posts

Uber Geek
+1 received by user: 537


  # 1327197 18-Jun-2015 12:03
Send private message

I am not a driving instructor, policeman, insurance assessor or lawyer, but my thoughts - based entirely on your second, overhead road layout picture - are:

If the accident occurred where it is shown in the second half of that image, your partner has not travelled as far as the blue car has from the respective "give way lines", so they were probably already on the roundabout when she pulled out.  There could issues about whether they were indicating correctly (if at all), speeding, had lights on or not, etc. but it will be impossible to prove any of that now so it would just get to a he said/she said argument.  Looking at the road code, "give way to all vehicles that will cross your path from your right as you enter the roundabout" probably counts against your partner, while "to cross from one lane to another near an exit, give way to any vehicles in the lane that you want to enter" is probably in her favour.

If you know a friendly policeman or lawyer, it would certainly be worth talking to them.

On another note: While not yet as popular here as in many other places in the world, is there any possibility it could be a scam?

260 posts

Ultimate Geek
+1 received by user: 60


  # 1327240 18-Jun-2015 12:49
Send private message

andrew027: I am not a driving instructor, policeman, insurance assessor or lawyer, but my thoughts - based entirely on your second, overhead road layout picture - are:

If the accident occurred where it is shown in the second half of that image, your partner has not travelled as far as the blue car has from the respective "give way lines", so they were probably already on the roundabout when she pulled out.  There could issues about whether they were indicating correctly (if at all), speeding, had lights on or not, etc. but it will be impossible to prove any of that now so it would just get to a he said/she said argument.  Looking at the road code, "give way to all vehicles that will cross your path from your right as you enter the roundabout" probably counts against your partner, while "to cross from one lane to another near an exit, give way to any vehicles in the lane that you want to enter" is probably in her favour.

If you know a friendly policeman or lawyer, it would certainly be worth talking to them.

On another note: While not yet as popular here as in many other places in the world, is there any possibility it could be a scam?


The other point here is that your partners vehicle has been hit from "behind" then it is also failure to stop/avoid an accident. 






 

 

 

 

 


1 | 2 | 3 | 4 | 5
View this topic in a long page with up to 500 replies per page Create new topic



Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Anyone can broadcast with Kordia Pop Up TV
Posted 13-Jun-2019 10:51


Volvo and Uber present production vehicle ready for self-driving
Posted 13-Jun-2019 10:47


100,000 customers connected to fibre broadband network through Enable
Posted 13-Jun-2019 10:35


5G uptake even faster than expected
Posted 12-Jun-2019 10:01


Xbox showcases 60 anticipated games
Posted 10-Jun-2019 20:24


Trend Micro Turns Public Hotspots into Secure Networks with WiFi Protection for Mobile Devices
Posted 5-Jun-2019 13:24


Bold UK spinoff for beauty software company Flossie
Posted 2-Jun-2019 14:10


Amazon Introduces Echo Show 5
Posted 1-Jun-2019 15:32


Epson launches new 4K Pro-UHD projector technology
Posted 1-Jun-2019 15:26


Lenovo and Qualcomm unveil first 5G PC called Project Limitless
Posted 28-May-2019 20:23


Intel introduces new 10th Gen Intel Core Processors and Project Athena
Posted 28-May-2019 19:28


Orcon first to trial residential 10Gbps broadband
Posted 28-May-2019 11:20


Video game market in New Zealand passes half billion dollar mark
Posted 24-May-2019 16:15


WLG-X festival to celebrate creativity and innovation
Posted 22-May-2019 17:53


HPE to acquire supercomputing leader Cray
Posted 20-May-2019 11:07



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.