Car Accident - Who is at fault here?

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11 posts

Geek

#295149 1-Feb-2010 11:52

corksta: whispernz I tried to reply to your PM but it won't let me send it and says you prefer not to receive private messages.

didn't realize i had the privacy box ticked sorry. it should be ok now :)

wreck90

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#295151 1-Feb-2010 12:05

I wouldn't worry too much about it.

This is simply an accident, and they do happen. The other guy may not be legally at fault, but he is a prick for not letting you in.

The question I ask, is if the other driver could have avoided the accident by slowing down when he saw you change lanes? If so, then, he may have some legal fault too. You are not allowed to ram people just because they make a judgement error.

I generally find Auckland drivers to be rude and discourteous. No one ever lets you in when signalling.Signalling means to the other driver to close the gap to avoid losing position in the queue.

richms

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#295184 1-Feb-2010 14:44

Signalling means that you have an intention to move, its not a way to demand a gap be made for you. Its amazing the number of drivers that think they can just move between lanes because they are signalling.

When I rear ended someone on the mway that just pulled out of lane 1 doing about 30k infront of me doing about 60 in lane 2 they were all like "didnt you see me indicating" - thankfully that one was judged not my fault, as I only had 3rd party and they had none I am now driving with mismatched bumper cover and bonnet as I got the cheapest on trademe.

Richard rich.ms

ticallista

24 posts

Geek

#295198 1-Feb-2010 15:21

To the cops and insurance companies, indicating carries very little weight, if any at all.

The onus is still on the manoeuvring vehicle to make sure the path is clear before moving. He or she must give way to every other road user.

Same with people who like to open their car door in the path of traffic without checking if it is 100% safe to do so. Blaming the other vehicle for travelling too close won't help.

bazzer

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#295208 1-Feb-2010 16:02

richms: When I rear ended someone on the mway that just pulled out of lane 1 doing about 30k infront of me doing about 60 in lane 2 they were all like "didnt you see me indicating" - thankfully that one was judged not my fault, as I only had 3rd party and they had none I am now driving with mismatched bumper cover and bonnet as I got the cheapest on trademe.

You should've checked your insurance policy wording. Usually 3rd party covers you for damage to your car caused by uninsured drivers. As long as they can be identified and admit liability, your insurance would have paid for the repairs (only up to a limit usually) and gotten the money out of the other guy.

So it doesn't help in the hit and run type incidents, but in this case you should've been able to get a decent repair job. I'm not sure if it's too late to look into that possibility?

I assume you got the other guy to cough up for your repairs? Usually in cases like this, the other guy wants the cheapest repair possible or they have a mate that can do it on the sly. Too bad I say, thats the risk you run for driving with no insurance. I'd take it to my insurance company (and have done) and let them sort it out, that's what you're paying for. NO reason you should get a shoddy job when it wasn't your fault.

mrgts4

16 posts

Geek

#295471 2-Feb-2010 17:32

Why did you report it to the police? you will probably find a fine in the mail for reckless driving or something like that. Unless there is somebody injured the polive dont have to be notified IIRC.

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corksta

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#295483 2-Feb-2010 18:00

mrgts4: Why did you report it to the police? you will probably find a fine in the mail for reckless driving or something like that. Unless there is somebody injured the polive dont have to be notified IIRC.

1. He never said he reported it to the police.

2. Reckless Driving is a serious offence carrying a term of imprisonment of 3 months, a $4,500 fine, and a minimum term of disqualification of 6 months, so no he won't be receiving a "ticket in the mail" for reckless driving.

3. A non-injury accident is supposed to be reported to the police as soon as possible but no later than 60 hours after the incident IF you are not able to locate the owner or driver of the other vehicle, or the owner of any property that was damaged.

mrgts4

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Geek

#295502 2-Feb-2010 19:09

1. 'I have given my statement to the police' sounds like he has informed the police. on page 2 about 8 posts down.

2. Sorry careless driving or unsafe lane change then, the police will always find fault and ticket somebody for an accident, it is shown on highway patrol all the time.

3. He has the drivers details and by the sounds of things nothing else was damaged so police involvement isn't nessessary.

But you're the police officer so I stand corrected if I am wrong

corksta

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#295532 2-Feb-2010 20:44

mrgts4: 1. 'I have given my statement to the police' sounds like he has informed the police. on page 2 about 8 posts down.

2. Sorry careless driving or unsafe lane change then, the police will always find fault and ticket somebody for an accident, it is shown on highway patrol all the time.

My bad I missed that.

It'd be unsafe lane change at most, careless driving also involves going to court. Don't believe everything you see on TV, only the "exciting" stuff makes it through the editing room!

But as you said the police won't be involved, if it's been reported after the incident, not at the time, then it's deemed to be for reporting purposes only. An infringement notice would usually only be issued if it was actually investigated, but in this case the insurance company would simply use the crash report to determine who was at fault.

Adamal

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Ultimate Geek

#295636 3-Feb-2010 09:30

wreck90:

The other guy may not be legally at fault, but he is a prick for not letting you in.

Hold on a second here buddy. What is incorrect manners is to pull out infront of someone who is going faster than you. I'm not saying that it was the OP's intention, but too often people will be driving at the limit, and someone will pull out infront of them while they are driving at a slower pace, resulting in slowing the driver driving at the limit down.

photoman

217 posts

Master Geek

#296073 4-Feb-2010 14:41

coffeebaron:
whispernz: Thanks. Just had a website linked to me with the road rules website just to clarify. But I still feel that the other driver acknowledged that he sped up and saw me indicate may have great significance.

Perhaps he speed up because you were about to hit him? But unfortunately he didn't speed up enough to help you avoid colliding with him. Were you slowing down after you missed your turn?

Is it any wonder so many people have accidents if this is how they drive. From the OP, we are lead to believe that the other car was not visible, despite checking his rear view mirror and looking over his shoulder twice. During this time he was indicating left. That raises a couple of issues.

1. He has one hell of a blind spot on his car (unlikely) :)
2. If the car wasn't visible during this time, how the hell did he manage to speed up that much that the damage was to the OPs front left indicator.
3. Why, if someone in front of you is indicating to pull in to your lane do you accelerate to avoid having an accident. Logic dictates that you take your foot off the loud pedal or even brake. But then that would mean someone would be in front of you, and that's a big no-no here.

Sorry for the rant, but I just get fed up with drivers here who have no respect for the law or anyone else on the roads. That and the justice system who hand out pitiful sentences to car drivers who commit manslaughter. I'm referring to yesterday's decision to send a woman to jail for 2.5 years for killing a cyclist. She was pissed out of her mind, and this was her fourth drink-driving conviction since 1991. I can't say much either for her lawyer who said that there was a lack of multiple victims.

B*ll*cks! We have a 48 year old man. We have his partner, their son (13) and their daughter who was only a few weeks old when he was killed. That's just the immediate family. And who are we meant to feel sorry for? Not Frank van Kampen, that's for sure! All we get is how this woman had some bad experiences and turned to drink and how prison would be bad for her. She wasn't even tried for manslaughter, and can quite happily reapply for her licence when she gets out of jail, which won't even be 2.5 years.

Rant over! Back on topic.

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Adamal

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#296120 4-Feb-2010 16:41

photoman:
1. He has one hell of a blind spot on his car (unlikely) :)

He could be driving a Lamborghini?

I agree with you on the attitude of justice towards some people though, in the case of the lady hitting the cyclist.

Oh, and isn't the point of prison that its meant to be bad for you?

richms

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#296158 4-Feb-2010 19:01

Adamal:
wreck90:

The other guy may not be legally at fault, but he is a prick for not letting you in.

Hold on a second here buddy. What is incorrect manners is to pull out infront of someone who is going faster than you. I'm not saying that it was the OP's intention, but too often people will be driving at the limit, and someone will pull out infront of them while they are driving at a slower pace, resulting in slowing the driver driving at the limit down.

Thats what a horn and high beams are for, not bashing into the persons car or trying to prevent them from moving over by blocking them.

Richard rich.ms

Adamal

544 posts

Ultimate Geek

#296166 4-Feb-2010 19:25

I'm sorry, where in my post did I make a reference about the action to take in said situation?

Regs

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Snowflake

#296898 7-Feb-2010 20:57

i was driving down dominon road yesterday and was looking at the road markings. the bus lane is clearly marked as such, but the line between 'lanes' is a solid white line, not a broken white line. Is it even a legitimate lane for cars to travel down (been a while since i checked road code)? If not then the other car shouldnt be passing you in it.

[EDIT]:
Road Code Online: http://www.nzta.govt.nz/resources/roadcode/about-driving/using-lanes-correctly.html
"Some special vehicle lanes operate 24 hours a day for the use of the designated vehicles. Others have times of operation specified on their signs, for example, '4 pm to 6 pm'. In that case, you may be able to stop in them outside of these times"

"may be able to stop in them" - i.e. not drive in them. Probably a good idea to clarify that.

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