Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

VIC Car Accident - Other Party Said I was at Fault?

Discussion in 'Traffic Law Forum' started by monalonto, 11 August 2015.

  1. monalonto

    monalonto Member

    11 August 2015
    Likes Received:
    Hello, first time post here as I didn't really know where the best place to get advice was.

    I have run into a person as they have pulled out into the middle of the road I have sent the following events to the rental company.

    Blanked out names etc for identity purposes


    Hello R,

    I am sorry to say that it was indeed (said person's) fault for the car accident that occurred on the 6/8/15. I will demonstrate with the following attachments (see attachment - Evidence of right of way.jpg) with why this accident was DEFINITELY not my fault and it was indeed N that was in the wrong.

    On the 6/8/15 I was travelling to my Gym (Anytime Fitness) in Frankston from my home in
    [Suburb Moderator Redacted - Community Guidelines] via Frankston-Dandenong road as I do every morning. The speed limit on Frankston-Dandenong road slows to 80km/h from 100km/h I was travelling in the right hand lane of the two lanes that follow the road as people do not always travel at the speed limit on the 100km/h section.

    As I approached Wedge road I noticed a silver car coming onto the Frankston Dandenong road, as I had right of way (figure 2. of attachment), I figured that the car was turning into the left hand side of the road as I was in the right hand side.

    As I got closer to the intersection of Frankston-Dandenong road and Wedge road I noticed that the car seemed to be coming out into the middle of the road to my lane, I immediately slammed on my brakes (see figure 1. of attachment - may have been slightly before the picture demostrates) and tried to steer to the middle island of the road as to avoid the accident from N's car as she either did not see me coming or just was not paying enough attention as to what was going on.

    Unfortunately the road was wet on the 6/8/15, my brakes could do little to slow down as much as they normally would in dry weather. My car was drawing closer to (said person's) car and I managed to get the car over enough toward the island of the road thus the damage of the cars was kept to a minimum. The cars scraped along side each other as they both came to a stop. I pulled over to the middle of the road onto the grass, but then (said person) drove to the left side of the road, so then I came across to the left hand side with her and parked in front of her car.

    We both got out and exchanged licences and she asked if I was OK, I replied with yes and was more worried with her as she was shaking trying to put my number in her phone. I said to her, "So what happened?" she replied with "I don't know I thought you were indicating" (Which by the way I was not and there is no reason for me to ever go right at the said intersection). We took each others phone numbers and she said that the car was a rental car with (rental company), so I said don't worry too much about the damage to my car as it would be able to be fixed under her car insurance with (rental company). We then checked again if each other was ok and we drove off towards our destinations. I had told my boss and co-workers of what happened that morning and I said that people should be more attentive to their surroundings.

    I have googled her address which is attached (see "Said persons Address.jpg") and also have attached my own route (see attachment "My work route.jpg") that I take to and from my gym in the morning every single day as I work currently 7 days a week in Frankston

    Damages to my car include scuffs to the whole left side of my car up to the rear wheel fender, a dented front left hand fender, scrapes on my mirror, my bumper sticks out quite a bit now and some other small scuffs along the door and to my front left wheel. I will be expecting that my damages are repaired promptly as this is my only mode of transport I use to my workplace. I can provide pictures of these or bring the car into a (rental) outlet if needed.
  2. Sophea

    Sophea Guest

    Hi there, what is your question exactly? If you are after reassurance, yes it appears that she was in the wrong.

Share This Page