Car Accident - insurance dispute

[Scanners]

The other car is clearly at fault as they failed to give way. Have a look at section 7 of the relevent road rules act in Western Australia at the definition of 'give way.' If they claimed you didn't have your indicator on, that is irrelevent as they entered the intersection without it being clear. Also you were in a designated turning lane. It may be the case the other driver has provided a different version to their insurance company. Ask for a copy.

Cheers

[Back Door Shenanigans.]

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.

Not exactly sure how this plays out but just so you know people doing u-turns have to give way to everyone.

Overriding the criteria contained in this document are a driver's legal obligations to conform with Regulation 32 of the Road Traffic Code 2000, when undertaking any U-turn movement. The legal requirements being that:
A driver shall not commence a U-turn unless;

the turn can be made with safety and without interfering with the movement of other traffic; and

the driver has a clear view of any approaching traffic.
A driver making a U-turn shall give way to all vehicles and pedestrians.

A driver making a U-turn shall commence the U-turn -

if the carriageway where the driver is turning has a dividing line or median strip - from the nearest lane, or a near as practicable, to the dividing line or median strip; or

in any other case - from the left of the centre of the carriageway.

[zed]

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.

Actually with this intersection, there is a filter lane to turn right. So the other car would have seen me enter the filter lane knowing I was turning even if I wasn't indicating. I was though. I'm with Allianz and they are pretty good it's the other guys insurance company who are claiming I was at fault.Which is just bizarre. I had to fill out a report and draw a diagram as did he. I'm mystified as to what he's drawn that would suggest I was at fault. He hit the rear drivers panel of my car with the front end of his.. Anyone from Perth who knows this junction knows it's a nightmare. People turning right off Lenore road onto Ocean Reef road (like the guy that hit me) often get stuck and have to wait for tiny gaps before shooting out. I didn't get any photos or witnesses unfortunately, but hopefully the insurance company will rule in my favour.!

[djorkboy]

I once had a guy hit me while I was parked (I was still in the car so he had no option to get away) and his insurance company tried it on and said I was at fault. I was with NRMA back then and a lawyer friend suggested I gently and politely remind my insurance company that I pay premiums every month so they will fight on my behalf when other insurance companies try to blame me for things I didn't do. I told the lady at NRMA what my friend said, and that he had told me to tell her, and the next day she called me to tell me she had fought on my behalf and won, the other insurance company had caved and were paying up.

[gt_eye]

The other driver is at a T intersection, he HAS to give way to you as you were on the main road, if he did not see you indicate....he is a moron, especially as you were in the slip lane anyway!!!
If he did not see you indicate he should have at least waited until you passed before turning right into Ocean Reef Rd.
You are in the right and his insurance company will have no choice but to pay up....its the law, plain and simple...Give way to all cars when at a T intersection.

[woofy]

Not exactly sure how this plays out but just so you know people doing u-turns have to give way to everyone.

In all cases I was in a right hand turning lane, I just happened to be doing a U turn. Yes U turn people have to give way to everyone. But in every case for all they knew I was doing a normal right hand turn. In each case they assumed I was turning so thought it perfectly fine to drive across 3 lanes and completely cut me off. U-turn or not if they did it and got hit I would be betting all parties would be asking why a car on the side road considered it OK to cut off a moving car 3 lanes over. In each case I assumed they were all going to do stupid things, but there are a lot of drivers who might not have been watching someone who really should be out of the picture. There are times I wish someone like that would hit them to give them a wake up call...but then I'd feel bad for the driver not as fault.

[Back Door Shenanigans.]

In all cases I was in a right hand turning lane, I just happened to be doing a U turn. Yes U turn people have to give way to everyone. But in every case for all they knew I was doing a normal right hand turn. In each case they assumed I was turning so thought it perfectly fine to drive across 3 lanes and completely cut me off. U-turn or not if they did it and got hit I would be betting all parties would be asking why a car on the side road considered it OK to cut off a moving car 3 lanes over. In each case I assumed they were all going to do stupid things, but there are a lot of drivers who might not have been watching someone who really should be out of the picture. There are times I wish someone like that would hit them to give them a wake up call...but then I'd feel bad for the driver not as fault.

Sorry re read your story and i get what's happening now. Yeah that's bull****. Was thinking about how it went together hence what i posted but your right and ok

[GOLF MK4]

Insurances are the worst, similar thing happened to my dad. He has a beautiful vw bora, he had an accident which wasn't his fault where the kid drove his car into my dad while he was traveling straight. Even though the guy admitted it was his fault, our insurance hasnt payed up for our claim........ his with bingle and its been 1 year where the bora is siting in the driveway rotting due to bingle.......sighhhh.

[wai]

Unfortunately this is all too common with insurance companies. They look to recover the payout from the other party, so if the other party cannot pay up, they will delay and delay. They can also pull the one where they will offer you say 75% (claiming that you must have contributed to the accident) and hope that you will take that as opposed to getting nothing.

It is also a ploy used by many of the smaller insurers simply because for them to make money, they have to meet fewer claims. Also, those who go to these smaller insurers do so because the bigger ones will not take the risk or the premium will be very high. As a result, they go to the smaller ones and the smaller ones will do everything they can to avoid paying out.

By the way, this is also something that some bigger insurers will try on; just look at the trouble home owners have had trying to claim on perfectly valid flood insurance.