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Location:
Adelaide
Registered:
July 2002
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Accident Who's at fault?
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Mon, 19 August 2002 10:15
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Ok guys i just want ur real opinion to who is really at fault here.
I was driving uphill there was car in front of me it was about 20+m away from me. We came to a sharp 90 right turn, with mountain on the right. The first car spun out and came to a stop sideway in the middle of the road in the turn. It was at a blind spot where u can actually see it until it too late. I enter the turn and by the time i saw the car laying on the road it was too late and i collided into the driver side door of the other car.
Both car was a ride-off...so all i want to know is who is at fault in this accident..him or me?
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I supported Toymods
Location:
Berowra-Sydney
Registered:
July 2002
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Re: Accident Who's at fault?
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Mon, 19 August 2002 10:27
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well legally u will probably be at fault thats just what the law is like, but from the sounds of it i can't see how its really your fault and i hate how if u run up the back of someone its instantly your fault, they tend to forget that some cars can simply stop a hell of a lot quicker then others so what might be a safe distance from a normal car might not be for one which has very good breaks.
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Location:
Adelaide
Registered:
July 2002
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Re: Accident Who's at fault?
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Mon, 19 August 2002 10:34
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so ur saying that legally if one day i decided that i want a new car all i have to do is drive my car uphill and find a nice hair pin and park my car there at the blind spot and wait for someone to hit mr right....
good job, now i can have a new car...
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I supported Toymods
Location:
Berowra-Sydney
Registered:
July 2002
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Re: Accident Who's at fault?
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Mon, 19 August 2002 10:38
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i'm not an expert on the law but from all the crashes i know of the person least at fault (in my view) is always the one who gets punished
but don't take my word on it
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Location:
Sydney
Registered:
May 2002
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Re: Accident Who's at fault?
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Mon, 19 August 2002 10:42
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i dont think its legal to be sitting stationary around blind corner, so i would definetely think its illegal to be sitting sideways
does the road have double lines ??
i would imagine so.
If so he MAY be at fault
call up your insurance company and see what they say.
Good luck mate.
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: Accident Who's at fault?
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Mon, 19 August 2002 11:55
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if he was breaking a road law (like being sideways in the middle of a road) then he'll tend to be the one that got shat on
but chances are you were speeding around the corner, yeah?
or going "too fast for the conditions" as the insurance company might say.
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Re: Accident Who's at fault?
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Mon, 19 August 2002 12:43
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The law states that the distance you should follow behind the car in front should be enough for you to safely stop!
Simple as that! No if buts or maybes!
Although it seems a be strange that there was a blind spot on the hairpin! There should of been a mirror on the outside corner if you know what I mean! See what the out come is and take it from there!
Did you cause the write off of the other car?
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Toymods Board Member
I supported Toymods
Location:
Turramurra, Sydney.
Registered:
May 2002
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Re: Accident Who's at fault?
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Mon, 19 August 2002 13:15
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In my opinion, when it comes down to it, if you were travelling to quick round that corner to be able to stop in time for a stopped car, it's your fault.
Think about it, it could have been a little kid that'd tripped over or something, if you don't have time to stop you're at fault.
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Location:
Adelaide
Registered:
July 2002
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Re: Accident Who's at fault?
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Tue, 20 August 2002 04:42
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well both car was a ride-off
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Location:
Face down in a ditch
Registered:
May 2002
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Re: Accident Who's at fault?
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Tue, 20 August 2002 06:55
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I know this doesn't really help, but when looking at an accident involving two cars I like to see what the result would have been if either of the cars was not there at all, then attribute blame.
In your case, if the car that spun around was taken out of the equation, you would have continued driving on your merry way.
If your car is taken out of the equation, then the person in front would have spun his car, kicked it over again and driven off.
Clearly the factor that can be controlled here is the guy who spun his car. There is no possible way to control whether someone is behind him or not. You can certainly control whether the car spins or not (the guy should have been driving slower, paying more attention etc).
For both cars to be written off it must have been a very hard hit, particularly for the car taking damage to the front. Side impacts are usually a write off due to chassis damage.
It's almost at the point where you need a camera in your car like what the cops have.
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Location:
Adelaide
Registered:
July 2002
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Re: Accident Who's at fault?
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Wed, 21 August 2002 05:07
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| AE86 wrote on Tue, 20 August 2002 4:55 PM |
I know this doesn't really help, but when looking at an accident involving two cars I like to see what the result would have been if either of the cars was not there at all, then attribute blame.
In your case, if the car that spun around was taken out of the equation, you would have continued driving on your merry way.
If your car is taken out of the equation, then the person in front would have spun his car, kicked it over again and driven off.
Clearly the factor that can be controlled here is the guy who spun his car. There is no possible way to control whether someone is behind him or not. You can certainly control whether the car spins or not (the guy should have been driving slower, paying more attention etc).
For both cars to be written off it must have been a very hard hit, particularly for the car taking damage to the front. Side
impacts are usually a write off due to chassis damage.
It's almost at the point where you need a camera in your car like what the cops have.
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Hahaha good point....just the way i was thinking....by the way my car only sustain front cosmetic damange "thanks god for toyota good body design" poor fellow in the lancer got his car totally ride off...i was heaps amaze that he was in one piece coz the impact push the diver side door all the way into the steering wheel. If he was a fat dude he would have been squash like a pancake. Then i would have to pay for bodily damage as well.
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Location:
Adelaide
Registered:
May 2002
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Re: Accident Who's at fault?
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Wed, 21 August 2002 05:47
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In a normal circumstance the car that failed to stop would be to blame. However is reckless actions of losing it around a corner have contributed to this accident. While I still believe the insurance companies will hold you to blame, the percentage of blame would be closer.
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Location:
Adelaide
Registered:
July 2002
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Re: Accident Who's at fault?
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Wed, 21 August 2002 07:45
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| faulksy wrote on Wed, 21 August 2002 3:47 PM |
In a normal circumstance the car that failed to stop would be to blame. However is reckless actions of losing it around a corner have contributed to this accident. While I still believe the insurance companies will hold you to blame, the percentage of blame would be closer.
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what do u mean by closer?
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Location:
Sydney
Registered:
May 2002
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Re: Accident Who's at fault?
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Wed, 21 August 2002 07:47
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I think he means as oppose to the ratio percentage of fault being something like 100% - 0%....itd ber more like 70% - 30%
capish ??
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Location:
Adelaide
Registered:
July 2002
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Re: Accident Who's at fault?
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Wed, 21 August 2002 07:55
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so what happen if its a 50/50...does his insurance pay for my car and mine pay for his or do i get nothing
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Location:
Adelaide
Registered:
May 2002
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Re: Accident Who's at fault?
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Wed, 21 August 2002 07:56
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yep u hit the nail on the head. i was a bit brain stuck when i wrote that and couldnt think of a better way of explaining it.
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: Accident Who's at fault?
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Wed, 21 August 2002 08:33
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if it's 50/50, I'm fairly sure the insurance companies split the cost
but I'm not sure on that (and would like clarification for any possible accidents in carparks, where blame is always mutual)
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