[fireside]

Originally posted by Spliffdaddy:
Car 1 entered when he thought nobody was coming. he was wrong. case closed.

nobody was coming until after cars 1 and 2 started to turn. car 3 turned when car 1 was 95% done with his turn. its not like car 3 started to move, very slowly, then car 1 decided to turn wildly while car 3 was crossing the street. car 1 stopped, waited, went at the same time car 2 went. car 3 went AFTER car 1 turned. there was no way car 1 could have known the idiot in car 3 (or if WAS a car three) was going to gun it. if anything, car three should have waited to yield before he zoomed off straight into the intersection.

[Spliffdaddy]

The simple explanation is that car 1 failed to yield - for whatever reason.

[Mediaman_12]

Originally posted by Spliffdaddy:
Car 1 entered when he thought nobody was coming. he was wrong. case closed.

Some one speaking sense.
I think the problem here is the differences between the way the UK road's are usually marked out and the way USA roads are. This road appears to be what americans would call a 'divided highway'. There is almost never a problem changing lane going through a junction on a road like this.

It doesn't matter how far across the junction car 1 was, you NEVER have right of way while crossing over marked (running) lanes.
He started his manoeuvre first, so. what was car 3 supposed to do then? Stop dead in the middle of the road for no reason, except to let the "idiot*" who just pulled out on them to get across the road.

*=in car 3's view

Another example from my history (had a few crashes in my first year. Turning right at traffic lights. My lights change (no filter or delay for right turn). I am making my turn when some idiot decides to run the amber on the next set down the street ( about 20/30 or so yards away some reason he hadn't seen me?) I almost made it across but he caught the rear end of my car, spinning it across the junction & stopping at the pedestrian fence. Was it may fault? you bet. Some how I should have 'known' that this guy wasn't going to stop at that set of amber lights.

[george68]

I don't care what you guys think.

FACT. Car three snapped lanes and attempted to BLINDLY zoom through an intersection instead of waiting for the car in front of him to finish the turn so he could see everything.

FACT. He HIT another car that was completing a perfectly legal turn.

If you cannot accept these, please go back to driver's ed.

- Rob

[Gankdawg]

Originally posted by george68:
FACT. He HIT another car that was completing a perfectly legal turn.

Bottom line. Period. The end.

[george68]

Originally posted by Mediaman_12:
Some how I should have 'known' that this guy wasn't going to stop at that set of amber lights.

Yep. Yellow does not mean stop. RED does.

- Rob

[Hawkeye_a]

Alright...
Thanks a bunch for your input people. i really appreciate it. So here's how i fit in.

I am car 1. And my car is an '87 mitsubishi.
His car, Car 3 is 2002 model Holden.(ozzie brand)

I just got my car and i dont have insurance on it.(legal over here. Basic insirance is only for injuries not to property damage)

So basically, his car is gonna cost a LOT to fix. mine...i can dent it back with a hammer.

Points to bear in mind:
-I agree, it was his right of way, but at the same time he wasnt going straight until after i had begun to turn.
-He did hit me.
-He had insurance i didnt.
-We both had witnisses and it was his word against mine basically. (he could have said he was going straight on the left lane...how would i dispute that ? and his insurance company would beleive him, not me)
-So i just met with the bastard. And we agreed on 50-50%...split the cost. Insurance will not be involved.

In my personal opinion, it's shared blame, and i was willing to go as far as 50-50 (although i would have prefered to do less). Lets face it. I didnt anticipate/see him changing lanes, and he didnt see me turning.

Thats how it fell through after an hour of negioatians.

Cheers.

P.S.>> keep the input coming

[macaddict0001]

were there a lot of profanitie's dduring your hour of talking?

[fireside]

Originally posted by george68:
I don't care what you guys think.

FACT. Car three snapped lanes and attempted to BLINDLY zoom through an intersection instead of waiting for the car in front of him to finish the turn so he could see everything.

FACT. He HIT another car that was completing a perfectly legal turn.

If you cannot accept these, please go back to driver's ed.

- Rob

FACT. cash makes a compelling argument i have to agree with.

FACT. pigs are indeed flying... but that might be due to hurricane frances.

[itai195]

I agree with cash, I'm just not sure that's how any insurance company would decide it. Their decisions don't often come down on the side of what seems fair...

[george68]

Originally posted by Hawkeye_a:
In my personal opinion, it's shared blame, and i was willing to go as far as 50-50 (although i would have prefered to do less). Lets face it. I didnt anticipate/see him changing lanes, and he didnt see me turning.

You got ****ed.

Congrats.

- Rob

[Hawkeye_a]

Originally posted by george68:
You got ****ed.

Congrats.

- Rob

Thats what some ppl did tell me. but just want it over with.... and i think neither of us aw the other. its my word against his. and at the end of the day i had to give way. thats what the judge would hear.

Oh well... 2 weeks pay down the toilet.

[Gankdawg]

Originally posted by Hawkeye_a:
its my word against his.

No, it's not. The points of impact tell the truth and are undisputable.

[cszar2001]

Originally posted by Hawkeye_a:
Alright...
Thanks a bunch for your input people. i really appreciate it. So here's how i fit in.

I am car 1. And my car is an '87 mitsubishi.
His car, Car 3 is 2002 model Holden.(ozzie brand)

I just got my car and i dont have insurance on it.(legal over here. Basic insirance is only for injuries not to property damage)

So basically, his car is gonna cost a LOT to fix. mine...i can dent it back with a hammer.

Points to bear in mind:
-I agree, it was his right of way, but at the same time he wasnt going straight until after i had begun to turn.
-He did hit me.
-He had insurance i didnt.
-We both had witnisses and it was his word against mine basically. (he could have said he was going straight on the left lane...how would i dispute that ? and his insurance company would beleive him, not me)
-So i just met with the bastard. And we agreed on 50-50%...split the cost. Insurance will not be involved.

In my personal opinion, it's shared blame, and i was willing to go as far as 50-50 (although i would have prefered to do less). Lets face it. I didnt anticipate/see him changing lanes, and he didnt see me turning.

Thats how it fell through after an hour of negioatians.

Cheers.

P.S.>> keep the input coming

I�d say it`s his fault.
Why didn`t you call the police? They usually clear up things like that in no time.
The fact that he is willing to split the cost shows that he is to blame.

[Hawkeye_a]

hey man im new to Australia. the cops wouldnt give me an opinion when i filled in a report and 2/4 ppl at the local DMV (licencing centers) said i should have given way. i can call him and ask him to claim insurance, and if they find any reason to pin it on me. im gonna have to fork out 100%. u know ?

oh well...

[sir_hc]

Are you saying you were not insured to drive the car at the time?

If you did not have insurance then that would be the main focus of attention and you would be put under the spotlight for that, any argument over blame taking distant second place. It is also highly irresponsible reckless etc... what if people had been injured in that accident regardless of who was at fault?

If you were insured then you should not have admitted liability to anything (even if it was 100% your fault) and let your insurance company know. You could also have called the police to come to the scene and record details but if you didn't you should inform them asap of what happened so you get a police report as evidence.

It's obvious to me car 1 is NOT at fault -turn was almost completed and could not have stopped in time.

[Hawkeye_a]

Originally posted by sir_hc:
Are you saying you were not insured to drive the car at the time?

If you did not have insurance then that would be the main focus of attention and you would be put under the spotlight for that, any argument over blame taking distant second place. It is also highly irresponsible reckless etc... what if people had been injured in that accident regardless of who was at fault?

If you were insured then you should not have admitted liability to anything (even if it was 100% your fault) and let your insurance company know. You could also have called the police to come to the scene and record details but if you didn't you should inform them asap of what happened so you get a police report as evidence.

It's obvious to me car 1 is NOT at fault -turn was almost completed and could not have stopped in time.

Yeah i dont have insurance for property damange, but i do have insurance for injuries,etc.
As far as liability, i admitted nothing.i told him that ill be leaving the country shortly and dont need to get my car fixed. so hed be stuck with a huge bill. Not it's unclear as to whos at fault....cause as some ppl have pointed out (including some officials 'off the record') that car 1 had to yeild to car 3. If he had taken it to the insurance company....the fact that i didnt have any insurance would have played an important part. But as most ppl here have said...it wasnt my fault(car 1)...... so how do i prove that ? the dents in the car ? the dents only prove that there was a collision.....and his front and my my rear side (behind the back wheel) is damaged.

I didnt admit liability and told him that most ppl i talked to including insurance, said it was his fault. But i didnt mention the licencing officials who said it would probably be my fault and that the insurance companies would get me to pay for the whole thing. u know ?

[cszar2001]

Boy am I glad I don`t have a car anymore.
I couldn`t put up with all that s**t for 5 minutes.
Had an accident once - my car was a total wreck. After the guy who was responsible got out of the hospital he tried blaming me.
His insurance guy however saw the police report and sent me my money.

[macaddict0001]

Boy am I glad I don`t have pants anymore.
I couldn`t put up with all that s**t for 5 minutes.
Had an accident once - my pants were a total wreck. After the guy who was responsible got out of the hospital he tried blaming me.
His insurance guy however saw the police report and sent me my money.



Not serious of course but couldn't miss the chance.

[cszar2001]

Originally posted by macaddict0001:
Boy am I glad I don`t have pants anymore.
I couldn`t put up with all that s**t for 5 minutes.
Had an accident once - my pants were a total wreck. After the guy who was responsible got out of the hospital he tried blaming me.
His insurance guy however saw the police report and sent me my money.



Not serious of course but couldn't miss the chance.

Get some sleep!

[Nacente]

Car 3.