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

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)


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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
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sepi sepi 10:05 am 18 Jun 09

You did the right thing in giving the lady a lift home, and it is probably her insurance company claiming you are at fault, not her.

I’d just leave it up to the insurance agencies to fight it out. That’s why I pay for insurance, just so I don’t ever have to deaL with this stuff.

ahappychappy ahappychappy 9:41 am 18 Jun 09

deezagood said :

A friend once told me of their involvement as the 2nd in a row of 4 cars. Constabulary asked each driver how many hits they felt from behind to determine which driver was at fault. ie mate stopped in time then felt two wacks that pushed him into the car in front.

1st car stopped
2nd car stopped in time
3rd car didn’t stop in time and smacked into 2nd
4th car couldn’t stop in time due to abrupt stop of 3rd
At some stage 2nd got pushed into 1st

On the face of it 3rd car would appear to be at fault.

Happy to be corrected by those that are involved in the actual assessment of these matters as a profession

I was a passenger in an accident quite like this one actually. I was a passenger in the 2nd car, the car infront of us came to a complete stop, we came to a complete stop (all be in an inch or two away from the 1st car), and then the 3rd car connected with us at all be it 60km/h. This forced us into the car infront, and a 4th car then hit the 3rd.

We asked the insurance company of my mate what they’re perception would be, and as we had completely come to a stop (which the AFP were rather specific of asking) we could NOT be deemed at fault. This is obvious as both our car, and the car infront, had safely made a stop before the accident. However…

The two middle cars have been written off, and somehow, the 3rd car’s driver has decided that she is not at fault? She is un-insured, and is therefore acting like a weasel and claiming the 4th car hit her, which forced her into us. All other parties involved have given statements to the AFP which say we didn’t feel the 4th car’s impact as that happened after our car was launched down the road and it is impossible for her to have hit us so hard if she had already been hit.

Go figure that one out, unfortunately, her attempt to weasel out of the situation will only cost her more money down the track…

ikarus ikarus 9:40 am 18 Jun 09

jake555 said :

What idiot gave you that advice?

Jeez.. what’s your problem? Taking her to the police station to report the accident and getting her breath tested would have been a good idea (with her permission). Whether she was required to get a blood test or not after the fact is up to the cops..

Maybe take a couple of deep breaths before you blow your top on the interweb hey?

I would look at it the other way and say what idiot told you not to?

jake555 jake555 8:42 am 18 Jun 09

kieran AP said :

For Jake555: I was stationary or almost as I was inching forward. I was in a diesel. AS the line of cars cleared in front of me, it took me longer (diesel) to move forward than the other cars. Also, as I was entirely in the other lane but not perpendicular, eg on an angle, the hit from behind pushed me….wait for it…on to the median strip…which appears to be what I wrote above… I am grateful that no other vehicles/people were damaged.

Fair enough. All I wanted was some clarification. I agree with most, that if you were in the lane in sufficient time – her fault. If the lane change was dangerous, giving her insufficient time, your fault.

kieran AP said :

for your second question. I could have a. left her behind in the dark on the side of a 80 kmh road on a freezing night with no houses for miles with out a working phone or b. I could have taken her somewhere. I chose to take her home. I could have just as easily have taken her to the nearest police station or back about 5 km to the hospital and left the authorities to deal with it.

But thanks for asking the questions. Its people like you that make RA what it is.

You didn’t actually answer my second question, which was actually two questions:
1. What idiot gave you that advice?
2. Did you plan on restraining her while hospital staff took a blood sample?

What do you mean you “chose” to take her home? I’m guessing you offered to take her home and she accepted. If a stranger offered me a lift home, then began driving in the opposite direction, I’d be calling the Police.

zig zig 9:56 pm 17 Jun 09

Her mobile wasn’t working? Was that because she was using it at the time of the accident….?

bd84 bd84 9:56 pm 17 Jun 09

Trouble is that it becomes their word agains yours if you have no witnesses. It could go either way with this, while most rear end accidents are the fault of the driver running up the back, if you pull out infront of another vehicle it will be your fault. Good luck with finding the witness.

Having said that, I’ve been cut off about 4 times tis week by people who just think they can pull straight into the other lane when they put their indicator on and not doing the speed limit.

Fisho Fisho 8:16 pm 17 Jun 09

Fairly common tactic by insurance companies, to send a claim letter to you in the hope you will pay it.

kieran AP kieran AP 8:12 pm 17 Jun 09

bubzie said :

darn, i would of drove past there like 15-20 mins later, sorry!

just curious bubzie, did you notice a car in the median strip in the middle or if in the left lane, 2 cars still on the side of the road. (Heading down the hill from mugga lane about 100m from Sulwood turn off???).

More importantly, did you see any police anywhere???

Kieran

kieran AP kieran AP 8:10 pm 17 Jun 09

For Jake555: I was stationary or almost as I was inching forward. I was in a diesel. AS the line of cars cleared in front of me, it took me longer (diesel) to move forward than the other cars. Also, as I was entirely in the other lane but not perpendicular, eg on an angle, the hit from behind pushed me….wait for it…on to the median strip…which appears to be what I wrote above… I am grateful that no other vehicles/people were damaged.

for your second question. I could have a. left her behind in the dark on the side of a 80 kmh road on a freezing night with no houses for miles with out a working phone or b. I could have taken her somewhere. I chose to take her home. I could have just as easily have taken her to the nearest police station or back about 5 km to the hospital and left the authorities to deal with it.

But thanks for asking the questions. Its people like you that make RA what it is.

bubzie bubzie 7:31 pm 17 Jun 09

darn, i would of drove past there like 15-20 mins later, sorry!

jake555 jake555 7:00 pm 17 Jun 09

Igglepiggle said :

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.

If there was a line of “almost stationary” cars directly in front of you (as were you), then how did your car get pushed 15 metres without hitting any other cars?

Igglepiggle said :

(I have since received advice that I should have taken her straight to Hospital/Police station for blood tests rather than home!)

What idiot gave you that advice? Did you plan on restraining her while hospital staff took a blood sample?

Unless there are injuries or the vehicles are unable to be moved from the road, Police usually don’t attend. The crash is just reported by both parties at a later time at a police station & the insurance companies figure it out from there.

PsydFX PsydFX 6:44 pm 17 Jun 09

Good luck Kieran. Glad to hear you’re alright.

threepaws threepaws 6:26 pm 17 Jun 09

Given how people ‘rubberneck’ at the slightest sign of a bingle, I am imagining that traffic was crawling around the scene of the original accident.

The ‘offender’ in accident 2 probably had her brain in sleep mode on her way home from work which is what tends to happen when you are driving the same route at the same time of day over and over again.

No excuse, she should have been paying attention to the road.

She got home and copped an earful from her significant other for being so careless, and then received advice on how to make it go away.

I was always under the impression that a direct hit up the backside is almost always the fault of the rear driver?

kieran AP kieran AP 5:26 pm 17 Jun 09

update: I was stopped or basically stationary or barely moving for I estimate about 10 -20 secs before the impact. As all the other cars were effectively between me and another accident they were somewhat hesitant in merging across, so I had to time to flash and then honk twice to let them know it was safe to merge into right hand lane.

I know it is in the hands of the insurance company and they have seen the photos of damage…fair square up the clacker!!! (no side/glancing anything just straight into the back of me!) and are supporting me. What annoys me the most is this lady didn’t brake even though I was in a line of approximately 5 cars all moving at very low speeds (because of another accident)then go tot he effort of taking her home etc and somehow either her or the insurance company is trying to transfer the blame. Although in speaking to my insurance company, as both cars are a write off, it is apparently “industry practice” to try and transfer the blame!!

still hoping for a witness, but thanks to all anyway!

Kieran

el el 5:05 pm 17 Jun 09

If you can’t stop in time, then it’s not a safe distance.

Prezactly. Tell the other insurance company to sod off.

joannac joannac 5:02 pm 17 Jun 09

screaming banshee said :

I don’t think thats right. You are required to follow at a safe distance however if you are following at a distance you a reasonable person would consider safe then all of a sudden the 4wd you couldn’t see around in front comes to a dead stop because they weren’t watching the traffic ahead of them your safe distance all of a sudden doesn’t cut the mustard….not your fault.

No way. Pretty sure the onus is on you to keep a safe distance.

I’ve done this before: person in front came to a dead stop suddenly, I slammed on my brakes and stopped, person behind me didn’t and slammed into me. He paid for my car repairs.

If you can’t stop in time, then it’s not a safe distance.

DarkLadyWolfMother DarkLadyWolfMother 5:01 pm 17 Jun 09

You are required to follow at a safe distance however if you are following at a distance you a reasonable person would consider safe then all of a sudden the 4wd you couldn’t see around in front comes to a dead stop because they weren’t watching the traffic ahead of them your safe distance all of a sudden doesn’t cut the mustard….not your fault.

If you can’t stop in time when the car in front of you stops suddenly, then you either didn’t have a safe distance between you, or you weren’t paying attention.

screaming banshee screaming banshee 4:48 pm 17 Jun 09

deezagood said :

I always thought that in 99.9% of cases, the driver at the very back of any accident (be it a 10 car pile up or two-vehicle accident) was considered to be ‘at fault’ for insurance purposes, irrespective of whatever the driver at the very front may have done to cause the bingle? Is this not correct?

I don’t think thats right. You are required to follow at a safe distance however if you are following at a distance you a reasonable person would consider safe then all of a sudden the 4wd you couldn’t see around in front comes to a dead stop because they weren’t watching the traffic ahead of them your safe distance all of a sudden doesn’t cut the mustard….not your fault.

A friend once told me of their involvement as the 2nd in a row of 4 cars. Constabulary asked each driver how many hits they felt from behind to determine which driver was at fault. ie mate stopped in time then felt two wacks that pushed him into the car in front.

1st car stopped
2nd car stopped in time
3rd car didn’t stop in time and smacked into 2nd
4th car couldn’t stop in time due to abrupt stop of 3rd
At some stage 2nd got pushed into 1st

On the face of it 3rd car would appear to be at fault.

Happy to be corrected by those that are involved in the actual assessment of these matters as a profession

Madame Workalot Madame Workalot 4:47 pm 17 Jun 09

Send it straight to your insurance company. I believe the general rule of thumb is that unless the point of impact on her car was on the side (i.e. you wiped her out when changing lanes) she is responsible.

It is the responsibility of all drivers to ensure that:
a) they expect the unexpected
b) they ensure they always have enough time to take evasive action.

Good luck with it!

Inappropriate Inappropriate 4:27 pm 17 Jun 09

If the accident occurred within about 3-4 seconds of the lane change, then the OP pulled out into her safe stopping zone. Otherwise, she had plenty of time to hit the anchors and come to a screeching halt.

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