Car Accident - insurance dispute

[zed]

Had an accident a few weeks back and despite the guy initially admitting fault, his insurance company are now disputing it. I think I should be fine as I'm pretty sure he was totally at fault but wondered what you guys thought. Basically I was turning right into Lenore Road off Ocean Reef Road & he was waiting on Lenore Road to turn right onto Ocean Reef Road. I indicated, pulled into the turn right only filter lane and went to turn just as he went. He hit my rear panel drivers side with the front of his car. It's a write off. I'm puzzled as to how he can claim I was at fault, but maybe I'm missing something.




Apologies for the amateur night MS Paint job.
- I'm red he's blue

[team_v]

He has a giveway line (dotted line) and you don't so he is at fault.

Pretty simple case imho.

[mythik]

He has a giveway line (dotted line) and you don't so he is at fault.

Pretty simple case imho.

100% this. Did you take photos are the accident scene? That may be helpful. That diagram is also useful.

[seangti]

Yup, as above.

[PassatB6]

He has no case. Clearly the fault lies with him.

[jords]

the exact same thing happened to me (i.e. I was you in your example) and the other party was deemed at fault. Typical insurance company trying to wriggle out of it.

Stand your ground. I'm sure they will accept responsibility before it goes to court. I suspect they are just trying to get you to take the blame.

[JustCruisn]

the exact same thing happened to me (i.e. I was you in your example) and the other party was deemed at fault. Typical insurance company trying to wriggle out of it.

Stand your ground. I'm sure they will accept responsibility before it goes to court. I suspect they are just trying to get you to take the blame.

If it was a few weeks back and a total write off don't you already have the money from your insurance ?
Write off's are usually settled in 2 weeks. Check your policy there is probably some wording around this.

If you are still waiting for money then be firm and quote the policy back to them, find the bit that goes like 'an excess is payable except when you provide the name and address of the party at fault'. You held up your end of the agreement, ask them why they are not.

Don't worry about court, just be firm with your insurance company. Do not make any contact with the other party.

The worst it will cost you is the excess until they sort it out then the will refund the excess. It takes about 3 months for insurance companies to work out the blame game.

It is a game to them after all.

[wai]

This is the problem with insurance companies. They are not there for you; they are there to make money for themselves. They will try and deflect blame hoping you will agree to accept some blame rather than spend money in court.

Was your car driveable, did you file a police report, and were there any wittnesses?

[NickZ]

You don't happen to be with AAMI? I had a similar problem.

Be firm with them and if they don't budge go to the ombudsmen who will sort it out for you.

Then leave them in protest!

[woofy]

There is a scenerio here where someone could say you didn't indicate so they came out to sit in the middle lane and you turned at the last minute, but nonetheless you would in reality wait for the car to pass before coming out.

I've had a spate of people recently where I'm on a multilane road in the right turning lane, and have a car from a street to my left drive out into the middle section cutting me off while I'm doing a U-turn there. If I wasn't catching them from the corner of my eye, they would have had an SUV plow straight into the drivers door at 60km/hr. It's happened about 5 times in the last month, they are free to come out and sit there, but not cut off cars already on the road.