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Long Shot – anyone see an accident southbound on Yamba Dr/Erindale Drive Thurs 11 Jun at approx 17:50

By kieran AP - 17 June 2009 48

Basic details:
I was travelling southbound on Yamba/Erindale Dr in the left hand lane at approx 5.50pm Thurs 11 Jun 09 . A rear ender had occurred in the left hand lane about 5 cars in front of me so the left lane was blocked. The accident occurred approx 100m up from the Sulwood Drive turn off.

I waited until all the cars behind me had gone past and the right hand lane was clear. I then pulled out into the right hand lane. As there were the other cars in front of me merging from the left to right hand lane, I was left almost stationery in the right hand lane.

Just as the cars in front of me moved off I was rear ended. I didn’t hear the sound of brakes or anything, just a massive bang and my car was pushed approx 15 metres down the road and onto the median strip. I reported the accident to police on my mobile and then, as the lady who was driving was shaking badly and told me her mobile was not working so couldn’t get someone to come and get her, I took her home. (I have since received advice that I should have taken her straight to Hospital/Police station for blood tests rather than home!)

Went in the next morning to the police and filled out the accidnt report etc and continued on with getting my car (which I have just found out has been assessed as a write off) replaced.

That process is painful enough, but this morning I receive a letter from the other insurance company indicating I am at fault ???? as they allege I merged into the right hand lane in front of the other car, despite the accident being a pure rear ender???.

SO my question to the great unwashed of Canberra via RA is …did anyone see a silver Astra rear end a bronze mazda 3 hatch in the right hand lane of Yamba/Erindale Dr last Thursday night around 5.50pm. I know a guy in a white landcruiser or similar stopped to help push the lady’s car off the road but I was too preoccupied to get his details or rego.

Thanks,

Kieran AP
(Mob: 0419 267792)

What’s Your opinion?


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48 Responses to
Long Shot – anyone see an accident southbound on Yamba Dr/Erindale Drive Thurs 11 Jun at approx 17:50
James-T-Kirk 3:33 pm 17 Jun 09

Again – Insurance companies work for their shareholders. Not their clients.

Fight them

🙂

screaming banshee 3:26 pm 17 Jun 09

Long story short….”Standard letter of demand” x “2 percent response” = “insurers laughing all the way to the bank”

I’ve had the same letter sent to me by RAA in SA after one of their idiot customers merged into my ute some years back. No damage to my tray but they couldn’t even open the passenger side door of their festyva.

After dutifully paying my excess and leaving it in the hands of my insurance company some 3 months later I called to find out what was happening becuase I wanted my excess money back.

Apparently my insurers were waiting on some information from the RAA, long story short RAA didn’t even have a diagram of how the accident had happened from their moron. Given I had provided diagrams, description etc they advised me they would reject RAA’s claim and protect me from any further claims in the matter. This without any witnesses too.

p1 3:03 pm 17 Jun 09

As with the majority here, I agree it sound like the OP wasn’t at fault, and that insurance companies tell you it is your fault as a matter of course.

Sorry I can’t day I was a witness, but to add my own story to the mix… I was involved in a very minor touch of vehicles on the Tugg parkway one afternoon, because a person decided to stop from 100km/h in the right lane, because they had passed the Hindmarsh exit, and apparently thought it might be OK to go back. About five or six other cars also had to make abrupt stops. The police were very sympathetic, but still said because we were behind the car that we hit, we are at fault. Think about how close you are behind someone on the parkway tomorrow, and if you could stop if that person suddenly stomped the brakes?

joannac 2:53 pm 17 Jun 09

Do you have insurance? If so, what did they say when you called them?

In any case, if you have insurance, call the other insurance company and tell them you have lodged a claim with [your insurance company], and they should take it up with them. That’s what you pay them for, to deal with crap like this.

If not, what did the police report say? Who did they apportion blame to?

Clown Killer 2:47 pm 17 Jun 09

I’m with Thumper. The lane change, as described, was effected safely. A subsequent traffic stoppage caused him to stop at which time he was rear-ended by the Astra. with rear-enders it’s almsot impossible for it not to be the fault of the rear vehicle.

This is just the insuance company trying to spread some blame. My advice would be to not communicate with her insurance company in any way. Forward their letter to your insurer and re-state how it happened.

PigsFly 2:47 pm 17 Jun 09

I beg to differ about the definition of a safe merge. From how he described it, he had completed a safe merge and then encountered vehicles that had stopped. By your definition, no-one can change lanes if (say) they are approaching a red light or a stop sign.

One thing I do agree with you is that it will be up to the insurance companies to sort this one out as ultimately they are the ones that will forking out the money to get these two drivers back on the road.

Jim Jones 2:42 pm 17 Jun 09

This sort of stuff appears to be painfully common – you need to contact your insurance agency about the accident and provide your story to them, at which point it becomes a case of insurance agencies facing off against each other.

trevar 2:42 pm 17 Jun 09

I waited until all the cars behind me had gone past and the right hand lane was clear. I then pulled out into the right hand lane. As there were the other cars in front of me merging from the left to right hand lane, I was left almost stationery in the right hand lane.

Just as the cars in front of me moved off I was rear ended. I didn’t hear the sound of brakes or anything, just a massive bang and my car was pushed approx 15 metres down the road and onto the median strip.

For clarity, what do you mean by ‘almost stationary’? Did you move into the right lane and then stop, waiting for the queue to move on, or were you rear-ended immediately after moving into the right hand lane?

If you were hit immediately after changing lanes, you may be at fault, but my understanding is that in most cases, police attribute fault unless the facts of the case are in dispute (in which case the courts do), but insurance companies cannot determine who was at fault. If you weren’t charged with a traffic offence, you weren’t at fault, and the onus is on the insurance company to prove you were at fault.

I’ve never been involved in an accident in the ACT, but in NSW I’ve always been given a police report stating who was at fault in the accident.

Thumper 2:38 pm 17 Jun 09

Hopefully you’re insured by Shannons as I have found that they take no sh*t when it comes to claims and counter claims.

Thumper 2:35 pm 17 Jun 09

It depends upon the timing. How long was he stopped? 10 seconds? 5 seconds? Was his lane change dangerous?

Also, if he believed there was danger then he is legitimately allowed to stop. ie, what if someone ahd walked out in front of him? Also the lane was stationery, just like at a set of lights. drivers are supposed to notice these things.

No skid marks means this chick was probably talking on the mobile or fiddling with the stereo. The onus is on her to be observant of the traffic and conditions. If a car stops in front of you then you should be able to stop. Just like leaving a certain distance between the car in front.

Insurance companies are bottom feeders of the highest magnitude.

Igglepiggle 2:33 pm 17 Jun 09

Part of merging safely is being able to move off as well… I would think it was anticipatable that all the other cars in front would try the same thing and so you wouldn’t be able to move off safely. But its fine that others have a different opinion. I guess the companies with the $$ will sort it out. At least you were both insured!!

PigsFly 2:31 pm 17 Jun 09

Sorry, can’t help you as a witness.

But I agree with Thumper here – you had already merged into the other lane, making sure that there were no cars in that lane before safely moving across. You had then come to a stop because there were vehicles stopped in front of you. And just as they start to move, along comes this other vehicle who smashes straight into the back of you (and not just a light tap either by the sounds of it). She was in the wrong as she obviously wasn’t looking where she was going.

I think every insurance company tries this on when faced with costs from an accident. Ring your own insurer and see what their opinion is. I would hazard a guess that they would be in agreement with Thumper and I.

So sorry that this has happened.

Igglepiggle 2:29 pm 17 Jun 09

I agree with you that she wasn’t paying any attention- but he was still the one who unsafely crossed the painted lines..

I also agree with the assessment of insurance companies (although mine did just replace my windscreen with no arguments!)

Thumper 2:23 pm 17 Jun 09

I beg to differ. She obviously was not paying any attention to what was happening. Fight the insurance company. They are all a pack of thieves.

Igglepiggle 2:13 pm 17 Jun 09

Have to say, I think her insurance company is right by what you described. if you have merged across into her lane and then not moved off so that she couldn’t avoid hitting you, then you haven’t merged safely, and as you were the one who went across lines, its your fault.
Glad to hear noone was seriously injured though.

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