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NSW Who's at fault ? Roundabout incident.

Discussion in 'Traffic Law Forum' started by Vishal, 8 June 2018.

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  1. Vishal

    Vishal Member

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    I was driving straight (car1) from a roundabout in Sydney. Whilst I was inside the round about, some naive P plater (car2) was coming at speed (roughly 35-40 kmph) and simply entered the round about from the left side road. (roughly 90-100 degree angle between us).

    Understanding the rules, if I am inside the roundabout or I am approaching the round about from car2's right side, it is common sense that he will have to stop. He failed to stop. I saw him at the last min, and i braked hard and my car went right into his driver's door. His car was so fast, that the damage got dragged all the way from his front door to the rear cab (more than the width of my car)

    Now, he is not admitting fault and thinks that it was my mistake. How the hell is it my mistake here ?

    My friend on the passenger seat clearly saw him, he even didn't bother looking on the right side. I am sick of young P platers driving fast cars and claiming that they own the road and having no sense or respect for traffic.

    Luckily I have full comprehensive, but that doesn't I want to pay excess for other people's mistakes.
     
  2. Clancy

    Clancy Well-Known Member

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    The rules of the roundabout are stupid. Your supposed to give way to the person already in the roundabout but you need to be able to know who has to give way 'before' anyone actually enters the roundabout? This is the problem. At any other intersection you approach, you know in advance who has to give way, it is not circumstantial, and so there is no confusion. .... most people simply chose to give way to the right regarding roundabouts, If they see a car coming from the right, but not yet in the roundabout, they give way anyway, and basically treat it as a normal intersection in order to make the idiot system work, but authorities are too stubborn to catch up to reality..... Hoons on your left can rush and make it to the roundabout just before before you do, then your supposed to give way! STUPID. If you had a dash Cam then it would be obvious they were driving recklesly and it would be their fault, but without that kind of evidence, it might be hard to prove they were in the wrong.
     
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  3. GC.

    GC. Well-Known Member

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    I had a similar thing happen, I was already on the roundabout going straight ahead when a car entered from the left and I wasn't able to stop to avoid a collision. The other driver blamed me and there were several witnesses at the scene telling me that it was my fault (it was a busy intersection).

    I told my insurer that I was already on the roundabout and going to leave at the next exit when the other car entered the roundabout at the entry before my exit. The person I was talking to from my insurer seemed to latch onto the bit where I said I was going to exit the roundabout and told me that it was definitely not my fault.

    My car had damage consistent with my story (front left corner damaged).

    In the end my insurer repaired my car and did not ask me for an excess. I assume that they were able to recover the money from the other driver, but I never checked.

    From your description, It sounds as if you were already completely on the roundabout and saw him and started braking just before he entered the roundabout (if so, I would make sure that you tell your insurer this). Your description of the damage to his car appears to support your story of his excessive speed (so I would point this out to your insurer as well).

    It sounds as if you are clearly not at fault, however there are no guarantees. You aren't going to know if you have to pay an excess until you go through the process with your insurer.
     
  4. Adam1user

    Adam1user Well-Known Member

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    This issue was in the news lately, they stated that the person in the roundabout has right of way, so anyone coming to a roundabout should give way to whoever is already in the roundabout, as from what your wrote, you were before the other person, therefore, they are at fault, go ahead to your insurance company, it has a fine and 3 demerit points (to the other person, not you).
     
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  5. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    The hoon in Car 2 is at fault. Give Way To The Right is the guideline and you had already entered the roundabout. Tell this loud and clear to your insurer.
     
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