whose fault in car crash? diagram included.

[wtf2k6]

http://img227.imageshack.us/img227/7289/crash0zj.jpg

I'm the car behind. It is a left turn at any time. The car in front of me firstly creeped up a bit and stopped. At this point ALL CARS on the RHS of the TRAFFIC LIGHT INTERSECTION have COMPLETELY stopped (Red light for them) and there were basically NO CARS moving AT ALL in the vicinity.

The driver then starts driving at about 10km/h, so then i do the same. She then slams the brakes and stops randomly for no reason just as she is about to make her way into the left lane (after the offshoot). Her car was basically already in the lane of the straight road and she still stopped completely. Is there any way that it is her fault at all? Any road rules that she is not following? What the hell is the hazard that she is stopping for? There were no cars moving when she started initially moving!

[dc2dc2dc2]

its ur fault for being too close....simple as that...sorry to say... well thats my opinion....

[CUL8R]

nope, u were travelling in a position that u cannot avoid the accident, whether it was too close or just werent paying attention u still hit her rear end.
its always gonna be ur fault unless she went into reverse and went backwards.

[wtf2k6]

well i was initially about 1m away. However i started moving when she started moving (after cars on right had stopped). Is there some rule about not stopping after you have started moving already?

[CUL8R]

in theory wouldnt it be like something about failure to controll a vehicle or negligent driving. something stupid neways
sorry thats negligent driving towards u....basically itll all come down to u not leaving urself enough time incase she did stop for no reason.

[wtf2k6]

hmmm so there is no case at all for me to argue lol?

[CUL8R]

HIGHLY doubt it. i cant see ne way u can get out of it.
unless u wish to call the cop shop and check lol, but they might give u a fine for something rediculus,

[wtf2k6]

is it possible that the police say it is contributory negligence because while i may have been 'too close to this vehicle', what about her randomly stopping + hesitating.. isn't that negligence as well?

[SiReal]

yep sorry to say, but u dont have much of a case. same thing happened to my sis. same story, and found guilty!

[SINISTR]

I was in an Identical situation to yours... and sorry to say - its your fault mate.

The guy infront of me was moving very slowly, i was moving after him. Saw him take off to go, I looked to the right to check any other traffic - during that 'second I looked away' he stopped - and I hit him while rolling forward. Guy was nice enough not to pursue the case - but there was visibly no damage to his car what so ever.

In this case tho mate - you're unfortunatelly unlucky. I wouldn't try to argue either as it could only make matters worse.

[j3z3z]

yep your bad

[mugeneration]

you hit em from behind. Unless theyre drunk, its your fault.

[j3z3z]

did cops get involved? you can get off if they failed to breath test

[wtf2k6]

nuh cops were not involved because damage is not worth much lol.

[dsp26]

yeah mate sorry its your fault regardless.... someone tried this on me before on purpose.. prolly trying to claim a new car through insurance.

its considered a hazard and you should have left a safety gap or paid attention, all things covered in the Hazard Perception Test and Driver Qualification Test (NSW RTA) point against your situation unfortunately.

suz to hear though. good luck with it and let us know of the outcome regardless:thumbsup:

[wtf2k6]

dammit lol.. there must be some argument for my side >_< haha..

[aznsiko]

your fault dude...

[tRipitaka]

your fault because you should have been watching ahead rather than to your right..
only until you are the first in line, you can look for other cars..

[wtf2k6]

Dammit >_< $2100 excess fee.

[dsp26]

^^^ do you have any panel beater mates? some people don't mind if you get someone to do it real cheap as long as its a proper job.

if your in Sydney, PM me!!!

[kiss]

is she a P plater?
could say shes not fully competent at her driving.. lol *shrugs*
then again, are you a p plater?

goodluck mate!

[zco]

it is your fault. you might have a case if you have a few witnesses of the accident.

if its cheaper to fix. dont do it through insurance.

or ask her to put it under your parents name.. hence, having a lower excess fee

though i do warn you, that this is making a false claim, and it is a serious offence. could be considered as insurance fraud.

[Q_ball]

You should not be tailing so closely to the car in front.
1m clearance is jst asking for trouble!!

[BiLL|z0r]

I'm with the others, legally your fault. I know it sucks, I've had the same happen to me except it was approaching an amber light. Lady in front was going to go through and so was I. Last second she jams the breaks on and I end up in her rear (and I'm not for that sort of thing :))
I agree with zco if you have a witness and argue she isn't comfortable driving then maybe you have a case. You could also argue "So I could go around breaking for no reason every 10mtrs and I'd get off scott free with a new car/repairs each time". Break testing is illegal in motor racing, should be illegal on the road.

[CUL8R]

Dammit >_< $2100 excess fee.
get the person to get a quote, maybe u can pursure the case without getting ur insurance involved, it most likly will end up cheaper, i cant see a rear bar panel beating plus paint exceeding 1k, maybe a new bar and paint = 1500,
dont go through insurance unless the quote for repair will be mor ehtan the excess. tho im sure u know that.

[Zilli]

if you have rear ended someone (im not sure because the diagram isnt coming up but im making it out by the other posts) then you are at fault, fullstop. THis is just standard claimshandling priocedure amongst all insurers.

[kerim]

yeah man, as everyone said its your fault coz u hit her.

i has an incident where i was parked at a servo and my mate opened the back left door, when some (unt came and hit the door, he knew it was his fault but when i rang insurance they said that it was my fault coz, whoevre opened the door its their fault by law

its pretty Fcuked up, this law and insurance but what can you do

[wtf2k6]

Also, if i make an at-fault claim. How much will this affect my premium (i'm with NRMA) under comprehensive insurance (never had at-fault crash before)?

Anyone else here on NRMA?

[chicken8]

its your fault dude

just take it like a man and learn ur lesson

[VTECACCORD]

I don't understand people that tail gate, no matter what the case 1 meter is too close for any situation.


Edit: What you are advocating is illegal and should not be condoned.

[CUL8R]

Also, if i make an at-fault claim. How much will this affect my premium (i'm with NRMA) under comprehensive insurance (never had at-fault crash before)?

Anyone else here on NRMA?
ull no doubt drop a rating unless ur on like rating one for life or soemthing, but yeah ull drop a rating and drop ur no claim bonus.
trust me, unless the work will cost more than 2500 i would strongly reccomend not going through ur insurance company.

[Zilli]

Also, if i make an at-fault claim. How much will this affect my premium (i'm with NRMA) under comprehensive insurance (never had at-fault crash before)?

Anyone else here on NRMA?


unless you have a protect maximum no claim bonus then you will lose 20% of your ratin,g which means a 20% increase in your premium upon renewal

[wtf2k6]

oh nuh it shouldnt be too bad then, we have maximum no-claim bonus for life. :)

[chunky]

dunno wut if he braked too fast but then u would be too close hhmmmm
i think its ur fault?

[tanalasta]

You're the person at fault. As a rule of thumb, if you rear-end someone it's your fault. Even if they braked suddenly. e.g. even if the person in front of you slams on the brakes to avoid birds / yellow traffic lights etc...

The exception is if they were doing something illegal or involved in a crash "first". e.g. car in front of you hits something (for instance another car) and then you're the third in a pile-up.