Howdy,

I just hope someone here has experienced this, or have secrets to making an insurance agency change percentages.

Basically i will give you the lowdown. Here i was driving down a road at about 40km (speed limit 50) and there was a round about ahead. I am going straight across the round about to continue on the same road. As i exit the round about there is a dude about 10->20m in front of me doing a U turn over 2 double lines. and hes just waiting for a car coming the other way, so all i can do is lock it up and Tbone him in my little beetle.

No witnesses present but he admits he was doing an illegal right hand turn.

Anyway In my mind it is completely his fault. There is no way i could stop in time.

So whats my question , they have settled at 70% his 30% mine. And when i try to dispute they say the illegal part has nothing to do with the percentages even though he admitted he was doing an illegal right turn.

I have to write a letter to explain why i think they should do more then 70/30 and i was hoping someone has some tips or info to help me.

-Marc Lane

If you are in the local motor org ie nrma or racq they have a free legal service.

Who is they? the police said it was 70/30 or insurance company?

Unless you are insured by the same company surely your company would help you in this as they wouldnt want to pay out unless they have to.

My wife ran up the back of someone doing an illegal u turn, didnt help us at all. They said something like "you are required to travel at a speed at which you can stop in half the distance ahead." Hope you have mor eluck than us.

I would assume they will lay part blame with you,as much as it sucks,you ran into him. Probably not what you want to hear though...try the legal service as mentioned above.Good luck!!

If he was stationary when you hit him, then its tough luck, even if he was crossing double lines. I know cause a guy hit me in the same scenario, and he was found at fault.

Thx For the info all. Next time i will get the cops to come to the incedent scene and fine the person in the wrong. No problems with blame then. Just so frustraiting.. the U turn from carpark space and the double lines are there to stop this incedent from happenign as there is no way at 40km that you can stop within 30 odd meters.

Will give the NRMA or RAA a go and see how i go.

Thanks for all your input and i welcome any more input.

unfortunately if you call the cops to the scene they will charge ALL parties with reckless driving. have seen that here in Vic... had an accident years ago.. basically crested a hill to see a car stopped for a right hand turn, couldn't stop and hit them then the person behind hit us... as we were all exchanging info etc and the tow trucks were arriving a cop car cruised up.. passenger opened the window and asked if anyone was hurt... no one hurt and one driver asked them to stop and assist etc (we suspected the front car driver had been drinking) and her response was that if they stopped then ALL drivers would be charged!
but give the legal people a go.

Have you thought about contacting the Insurance Ombudsman and explaining your position? They may be able to help

due care an attention. Your insurance should fix/cough up as thats what you pay them for, then they argue with his or him as to the money. You should just get either paid out for the agreed value or have it fixed.

Souldn't matter who's at fault at your end really. Comprehensive is just that.

Quote:

Originally posted by eraser No witnesses present but he admits he was doing an illegal right hand turn. Anyway In my mind it is completely his fault. There is no way i could stop in time. -Marc Lane

Notch Nut - I hope I never run into you!!

mmm...isnt there a rule that says...when doing a u turn u must be able to have x amount of sight in BOTH directions. that is so the ppl behind you have clear view of u (driver) doing the u turn...and u have it in front to ensure u can see when to make the u turn??

but if their saying the precentages are 70/30 ask them, in writing, to explain the proposed payment, breakdowns and why they are attributing in such a way. when u have that info, then u can argue why it shouldnt be paid that way.

they may be saying u were coming out of the round about to fast, u failed to indicate...ur pant were purple...etc etc.

and here's a lesson I learnt 9thank goodness) from reading about other ppls experience....when u have NO witnesses...grab ur phone, call someone else (friend/parent etc) and have person who is making statement that they are at fault to them. I did this...thing was, phone on other end was on speaker (which liable person knew about) so two others heard it. When lady later retracted what she had done and stated she was not at fault, i had pictures of damage... plus two other persons statement saying that she was at fault.

kewlies.

but yeah...u need to grab it from insurance in writing as to what the break up is about...then u can put together an arguement.

cheers
donna

Notch - You read my mind, cept your silly enough to say it. Me, well lets just say, do you remember the program called The Equalizer. It stared Robert McCall and was a pretty cool show. Sort of rebel for hire. Anyhow, he was very persuasive. As I'm a god fearing passive individual with no criminal record I cannot condone violence. I suggest you deal with it the proper way. Leave the fiction up to television.

For those under 20.
http://www.tv.com/the-equalizer/show/170/summary.html?tag=tabs;summary 

Insurance is a little weird.

I was riding my pushbike straight along a road and some moron coming the other way turned right down a side street and cleaned me up. Luckily I wasn't seriously injured - although his windscreen was smashed and my bike kinda knackered. The insurance company found me responsible (surprise), even though it was the front of his car that hit the side of my bike as he'd failed to give way to oncoming traffic... He had an 'independent' witness, they concocted all sorts of nonsense. And as a cyclist I was not insured obviously...

It's not about right/wrong, but about legal technicalities. And how to exploit the situation.

Good luck dude. A.

thx again all, Anything helps i just want my baby's nose fixed

Then you would get charged with assault occasioning bodily harm, etc etc. And you would deserve it. :alien

Violence is not the answer.


You gonna beat up a granny too? Or a 20 stone bikie?

This has to be the most stupid response. You gonna threaten to beat me up because I dont agree?

Chill out dude.

Kool Karma is the answer.....

Quote:

Originally posted by Notch Nut Quote: Originally posted by eraser No witnesses present but he admits he was doing an illegal right hand turn. Anyway In my mind it is completely his fault. There is no way i could stop in time. -Marc Lane No witnesses eh? Smash him in the face a few times for his ignorance/stupidity. If anyone asks, it must have been from the impact into his steering wheel that caused the damage. Find out his address and tell him that if he doesn't pay for the damage done to your car, you will be coming around to kneecap him and or remove fingers for late payment.:thumb - Adam

You had me worried there for a minute Adam. I thought you were getting all soft and mooshy

Quote:

Originally posted by Helbus You had me worried there for a minute Adam. I thought you were getting all soft and mooshy

All good then!

Kool karma back at ya buddy.

- Adam

so whats the story. Was it fully comp and the insurance are trying on 70/30 with you, or was it third party only and thats what the other guys insurance is offering you? - if so then they have more money than you to argue the point, and without a crime number you are not gonna be in a position to take them on.

Yeah, it sucks, welcome to the cashed up economy. If it's AAMI you're really screwed. They just choose the cheapest repairer and you'll be in for big bucks even at 30% as its insurance prices.

If you can choose a repaier, then go to a nice dub shop and get them to load the price. Harder to do.

The post went south.

I hate to say it but if you were looking ahead and not just 10 feet in front of your self you wouldn't have hit him.
It's things like this that worry me geting on a motor bike