NSW 5 grand in damages on right turn accident, who's at fault?

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Joffinuv

Member
12 December 2019
1
0
1
Hello

I'm hoping someone out there can help me understand exactly who is at wrong when it comes to this accident.

The accident happened in busy Sydney traffic at approx. 5:30pm. I was driving home from work happy that the day was finally over, but the last thing that I thought would meet me on my way home was an accident.

Anyways, I'm driving down Selborne Street in Burwood when I get to a T intersect at the end of Selborne street, needing to turn make a right onto Shaftsbury Road, a somewhat busy road with a lot of traffic coming from my right, but just keep in mind there is a traffic light about 75metres further down Shaftesbury road to my left that allows for a right turn. So put on my right indicator and slow down to a stop as I begin waiting for oncoming traffic to either clear up or for the traffic light downstream to turn red and someone give me way. I wait for roughly 3 - 4 minutes and to my luck the traffic light to my left turns red; cars begin to line up one by one behind another, until finally they reach the T junction and an SUV coming from my right decides to stop and give me way.

I slowly begin to push forwards as I am looking to the left side. Knowing me right side is safe as the SUV is blocking all oncoming traffic. All of a sudden, out of nowhere I feel and hear a sudden thud! jerk my head forwards and see a car that appeared of thin air in front of me. At this point the only thing that was rushing through my head is S*** I don't have insurance, I'm F****D!

We don't make a big scene out of it, and I reverse, and he moves forwards, allowing for me to follow him and park on the side of the road just metres from left from where I was trying to turn right. He we both pulled out of the car, and remained cordial, however, at the time we both believed I was on the wrong.
Currently we have been texting each other, and he sent me a quote of approx. $5000...mind you I've sent the copious amount of pictures I took of the damages to his car to various panel beaters, and they're all quoting roughly $2000 for the job, highest being $2500. I am happy to pay this $2500, but he seems to want me to use his panel beater whom he trusts, that's quoting $5000. He's threatening to take this case to the police, if I don't pay the $5000 cash ASAP.

Seeing as he is playing dirty, I decided to inspect the whole accident again, and from my in-depth analysis of the events, I've deduced that perhaps he may not have been as much on the innocent side as "HE" previously led me to believe.

I'll now place my evidence of the entire situation with description of what is happening as a video.

I couldn't figure out how to upload pictures.

Thanks for taking the time to review this case.:D



 

Bananatree

Well-Known Member
26 April 2019
26
0
126
To clarify is the damage to the front of your car and the side of the other party?
If so you would be at fault. He is entitled to overtake the car on the road. If you have move forward into the side of him sorry but it would be on you.
Do you have insurance? If so if you believe him to be at fault let them sort it out but I suspect at most it would be deemed equal responsibility and more than likely yours.
 

Scruff

Well-Known Member
25 July 2018
818
126
2,389
NSW
You will likely get varying opinions on here (perfectly normal for a vehicle accident), so here's my opinion...

The first two things to look at:
1. For the SUV, was the other side of the intersection blocked? In other words, was the traffic in his lane backed up all the way to the T-intersection?
2. Was there any traffic coming from your left at the time?

In regard to #1:
If the traffic was banked up, then the SUV did the right thing by leaving the intersecion clear. If they waived you out, then they have given you right of way in regard to crossing that lane. As far as I know, there isn't anything in the road rules that prevent the SUV driver from doing this, or you from complying. Yes, you are required to give way at a T-intersection, but if someone else reliquishes their right of way, then I don't see any reason that you can't proceed.
If the traffic wasn't banked up (the SUV's lane was clear on the other side of the intersection), then the SUV would actually be obstructing traffic and that would be a breach of the road rules. But regardless, if he waived you out, then he still relinquishes his right of way and you can proceed if it's safe to do so.

In regard to #2:
This is all about the red car (the one you collided with). The fact is that there is one clearly marked lane for the SUV and the red car to travel in. Those two cars are therefore required by the road rules to travel in a single line of traffic and are not permitted to overtake in that lane unless the vehicle in front is turning. Since the SUV wasn't turning, the red car is acting illegally (overtaking when not safe to do so) if:
a) he overtakes while there is oncoming traffic (coming up from the lights);
b) he overtakes while the road ahead is not clear (the traffic was banked up to the T-intersection in front of the SUV);
c) he overtakes with any part of his vehicle still in the SUV's lane unless the SUV is turning (from where you marked the impact in the video, it looks like it occured in the SUV's lane, therefore it looks like the red car was travelling in that lane when it shouldn't have been).

Based on everything you've told us, my opinion is that you had right of way to enter the SUV's lane (granted by the SUV driver) and the red car was overtaking illegally.

There is also something else to think about. You say that you're not insured, but what about the red car? If he's insured, then it should be his insurance company contacting you, not the driver or owner. That tells me that he either thinks he is in the wrong, or has been told that by his insurance company.

Another thing is that accidents have to be reported within 24 hours. I'm not sure the Police will accept a report after that time has elapsed. Regardless, if it is reported, I think there's a high chance that the driver of the red car will be booked, not you.

One thing that would help you in this case is the contact details of the SUV driver.

I now wait to see if the lawyers agree. ;)
 

Bananatree

Well-Known Member
26 April 2019
26
0
126
Hello, interesting to see a different perspective.
I am intrigued as to why you see it as illegal overtaking. From my understanding the other side of the intersection is two lane so the red car is overtaking a single car to move into the second lane, a lane which was clear and so as long as there are was no oncoming traffic he is fine to do so. The fact the suv moved over so far also indicates that this is normal for this road.
I think it is also important that the front of his vehicle hit the side of the red car. He has stated in the video that the red car wouldn't have been able to see him so checking right before moving would have been due diligence and which wasn't done by admission.
 

Scruff

Well-Known Member
25 July 2018
818
126
2,389
NSW
The second lane begins down the road. It is therefore irrelevant because it does not exist where the red car began to overtake or where the collision occurred.

In regard to the SUV moving left, that is also irrelevant. The SUV and red car are required to travel in a single line of traffic - that means no overtaking within that lane.

The fact the suv moved over so far also indicates that this is normal for this road.
That may or may not be the case but - if the SUV waived the OP out, then that indicates that it was not the SUV's intention to move left to let other cars come around.

Where the impact was (front, side, etc) would be relevant if the impact occured on the other side of the road, but according to the video, it occured in the SUV's lane, which indicates that the red car was overtaking at least partially within that lane - which he is not permitted to do unless the SUV was turning into the side street that the OP was coming out of.
 

Bananatree

Well-Known Member
26 April 2019
26
0
126
Thanks for the reply. I do not know the area, I was just going off the video which to me indicated the two lanes started immediately following the intersection rather than down the road.