indicator's in a car insurance.

belvo · 03-09-2011, 04:05 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, 04:20 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, 04:26 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, 04:34 PM

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

.

**Mechan1k** · 03-09-2011, 04:34 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, 04:35 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, 04:38 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, 04:41 PM

would excess be larger if i am at fault

BadMax · 03-09-2011, 04:44 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, 04:45 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, 04:56 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.)

AWD Chaser · 03-09-2011, 05:12 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, 05:17 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, 05:30 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, 05:34 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

gtxb67 · 03-09-2011, 05:51 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

cobramania · 03-09-2011, 05:53 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.

belvo · 03-09-2011, 06:41 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

sudszy · 03-09-2011, 07:56 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.

xisled · 04-09-2011, 12:22 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.

el_wagon · 04-09-2011, 12:49 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, 12:51 PM

no good

**Sorted** · 04-09-2011, 01:08 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.

cobramania · 04-09-2011, 01:20 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.

belvo · 04-09-2011, 01:57 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, 02:01 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.

2011G6E · 04-09-2011, 03:02 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...

Reaper8 · 04-09-2011, 03:28 PM

legally your fault as it is up to you to make the turn safely regardless, since i found out the hard way i always wait till there into the turn before takin off.

hawker · 04-09-2011, 11:15 PM

Case in point to never trust an indicator. It's not until I see the car start to turn, that I 100% believe they're turning, and even then I've seen cars pull back out and decide 'not my time to turn!'...

Too easy for them to say 'I accidently hit the indicator as I changed lanes, or did XYZ, which leaves you up s#it creek.

Will be interested to know what the insurance mob say though!

prydey · 05-09-2011, 07:32 AM

i think there needs to be more education on the correct protocol/procedure when you have an accident. i wonder how many people actually know the correct procedure.

its something i fail at too. i think a police report needs to be made within 24hrs?? just guessing here. obviously most people are aware that details need to be exchanged with the other party. if its not obstructing traffic, i don't think the police need to be called out, but again, i'm guessing.

if you file a report with the police, you then give that report to the insurance co. i think.