Silvia Club of NSW

If your car was completely inside the lane like your diagram, then regardless of the side (your right, his left) where your cars collided, the person in the rear is at fault. It would help if you had witness/es to say that you were completely into the lane.

In this situation it can be argued that you WEREN'T completely into the lane and that's why the right side of your vehicle was hit, in which you are then at fault.

Anyway, goodluck with the issue and hope you get the payments.

going on your little diagram,I reckon you're at fault. the likely charge if the cops turned up would have been "failed to change lanes with safety."

it looks to me like you pulled out without looking,and left the guy behind with nowhere to go but into you. I realise the the woman in front of you stopped more suddenly than you expected her to,but you are expected to leave a safe distance between the two of you in case the car in front decides to do that.

either fix your car yourself and go into hiding to try and get out of paying for the other car that hit you,or try your luck in court and cop it sweet if you lose. it's 50-50 really,and my money is on the other guy winning.


Justin...

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STI - Made in Texas,not Japan.

no witness except a friend sitting next to me at the time...dont know if he would be counted as a valid witness in court though...

true i didnt leave him much room...and the opinions are so far 50/50...i asked some cops and they said that if the impact is from the rear then it's not my fault...but if the impact was from the side then it would be my fault...im still thinking wether or not i should pursue it in court or just lumps it...

the shit thing is my car is fuct hard while his commonwhore wasnt even that bad...

Get some legal advice. Every court has a solicitor (called the Chamber Magistrate), who can give you free legal help. Rock up to your local court and make an appointment to discuss this matter.

Btw, you should NOT fix the damage until after the issue is resolved, or at least take some pictures to prove the angle/side/impact of the collision.

yeah. not gonna fix anything untill it get's sorted, sux not having a car to drive though..i'll try the magistrate and see what they think..got the cops on my side already..just need more legal advise

just got a quote for type X lights from nissan...$350 per side, the center lower garnish peice is foocking $750

See if you can find a lawyer to take the case pro-bono (spl?). Basically if you win, he gets payed (by the other party), if you lose he doesn't get paid.

You can actually get the car fixed, simply call the other insurance agency and get them to send an assesor to look at the car. once they have seen it you can go ahead with your repairs and then sue them to recover damages.

If the insurance company does decide to go to court over it, hold off till the last day! I sued AAMI and less than a week before we were due in court they backed down and paid.

If the police did say they reckon it was the other guys fault get their names and a statement from 'em, stick that in the other insurance companies face

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"If you can stand to look at that car all the time and not throw up then maybe you should buy it"

-- DumHed

hey dude... unlucky with this.... u should try and track down the road rules/laws etc... cause it does say that u must do anything in ur power to avoid a accident.... the other guy shoulda done everything in his power to avoid hitting into u...

it's like in america when u see all those highway accidents..... the last person to hit at the rear has to pay for EVERYONE in front... and that rule applys here... as he was the person that hit u from the rear... so he should pay up.... i would say that u will have no problem getting ur car fixed.... take it to court... dont let commowhores like this get away with it...

and get the cops that said it wasn't ur fault to come in as witness's and u'll most definatly win easy!! g/l with it mate.... hope all goes well for u...

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BOOOOOOoooooooooooST

so i have some hope in going up against an insurance company then...woohoo...

i was just thinking...since he hit me on the right rear corner...if he hit my car diagonally from right to left, then everything should shift to the left, and the my quarter panel shouldnt buckle near the door, and all windows should be squeezed towards the left...but the quarter is buckled near the door, and the windows are torn towards the right...meaning he must have hit my diagonally from left to right, indicating that i must have been in the lane and he must have swerved towards the right or at least hit straight on, meaning->his fault......did that just make sense?

actually I'd see that as making it look like you changed lanes into him, hitting his front left with your rear right...

See how you go anyway

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The Engine Whisperer - fixer of things

really...hmmm....better think about that one then

realistically if you were stopped, and in the lane when he hit you then it should be his fault from an insurance point of view.

Think about it from his perspective though - he's cruising along, and then someone jumps right in front of him and slams on the brakes. No doubt your car can stop quicker than his, so there's no way he can avoid hitting you.
Sure, he should have left more space technically - but realistically he's not going to leave space for people in other lanes just in case they randomly swerve in front.
When you're coming up to a set of lights do you slow down so that everyone in the lane beside you can jump in front?

There are always two sides to everything, and unfortunately for the other guy he's probably going to be in the wrong since he ran into you, but really you should have left enough space so you could stop when the car in front jumped on the anchors.

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The Engine Whisperer - fixer of things