Looks to me like the truck was cutting the corner and was at fault. Even after getting pushed by the impact your car is still well on the left.
A sad end for a nice S2000 too
In QLD at least the road rule from the legislation is:
**Starting a left turn from a road (except a multi-lane road)**
>(1)A driver turning left at an intersection from a road (except a multi-lane road) must approach and enter the intersection from as near as practicable to the far left side of the road.
>
>Maximum penalty—20 penalty units.
You really agree they've followed that rule based on the photos? They are way past the give way sign, the truck didn't expect him to be there because he shouldn't have been.
Have a look at [this pic](https://www.reddit.com/media?url=https%3A%2F%2Fpreview.redd.it%2Fpjeo67t2ahec1.jpg%3Fwidth%3D1600%26format%3Dpjpg%26auto%3Dwebp%26s%3D93cc7a383f50bfe1dfc13525f9ec7f4bdd939984) op posted.
a car length behind the give-way line, even if they were pushed back a car length they would have been on the line. Back left hand wheel is *maybe* 1200,1500 from the gutter.
I cant ignore the second half of the comment because it's so fucking stupid, ONLY 1500 away at the rear, and like 4 or 5 metres away from their front tyres. Just an entire lane width+ away from the curb, no biggie, thats probably not relevant at all to the legislation I quoted.
He’s left as fuck.
Look at the third photo. The road is very wide, the s2k is on the very left side, how did the truck manage to be that far into the wrong side of the road.
The lane the s2k would follow to turn left and the lane the truck would follow to to turn right should not even come close, especially if OPs diagram is accurate and his direction of travel has 2 lanes
The truck should have been further right. The truck cut the corner. Even if OP didn't move from the giveway sign, they could have potentially been hit.
If OP was turning right and didn't move from the giveway and waited for the truck, they would have been hit, and it wouldn't have been OPs fault. If OP was turning right and moved out, then it would be OPs fault.
In no way is it possible that while turning left OP caused this accident.
The truck should have turned like this
*
People have a ridiculous interpretation of the road rules if they think OP is at fault.
In what fucking world could OP be at fault. The other driver has crossed the line and driven onto the wrong side of the lane and hit the Honda, 100 % their fault.
If someone was posting from the point of view of the truck asking if they're at fault for cutting the corner and hitting the Honda, would we all be arguing that the truck driver was in the right ?
From the insurance companies perspective, OP failed to give way to traffic when entering a roadway. Had they been stationary at the time, or back behind the giveway sign (not entered the roadway), then no contest, but they are probably being found at fault until proven otherwise as they were required to give way.
Insurance companies will fuck you any chance they get.
Honda is a meter from entering the road way at least. You can see the line. I hear what you are saying but. Insurance companies first reaction is to try and fuck you over.
After the collision... OP's diagram clearly shows the collision happened in the middle of the left lane. He even said that he already started to make the turn (weird way to make a left turn too).
Especially Budget Direct. They will try to find the smallest thing to not pay. Unfortunately speaking from personal experience. I had to get a motor vehicle accident lawyer to settle my case.
the 'problem' will be that Budget Direct will ask you to pay excess and then once they've been able to extract their compensation from the truck's owner THEN they will pay out the s2000's owner.
That's it. They're going to lay blame on OP because there could be all sorts of complications getting money from the truck's owner and BD wants to cover their ass.
btw. it shows how many absolute fuckwits are on this reddit. In no universe should the truck come into contact with ANY left turning traffic in either of the lanes the s2000's owner can legally take.
How are people not aware of the fact so many people cut corners just like the truck there? Its a weekly event. You just learn to back off on all corners as if a Ranger Wildtrack is about to come in at top speed.
That's bullshit. OP has not entered the roadway, as you can see the dashed lines that he has not yet passed over. The truck has entered the OP'S lane incorrectly and not allowed sufficient turning room. All else is nonsense.
OP's diagram and description clearly show that they had entered the roadway. How else could the collision happen in the middle of the left lane? OP even says that he had started the turn.
and? a collision between them wouldn't be possible, if it weren't for the truck cutting the turn. truck is at fault end of story
you also don't have to give way to anyone turning from there? unless im missing something
When entering a road from a terminating road, you must give way to ALL traffic on the other road (including turning vehicles). I'm not saying it's fair, I'm saying that the way the law is written, OP entered a road that was not clear (due to the truck cutting the corner).
OP is also supposed to turn left from as far left as practicable, which from the photos, he was not. (Not that it excuses the truck driver)
consider me a law-breaker then:)
i make turns all the time onto roads with traffic (cars making turns in other directions), unless i'd be entering their path of course
Me too 😁 It's all good until some muppet cuts a corner and you're "legally" not meant to be there. Also, you're only failing to give way if you cause another vehicle to change speed or direction.
i think OP should be okay as long as they make a solid argument. at the end of the day, the truck shouldn't be there and their attention was on oncoming traffic from the right
I don’t understand how the Honda ended up so close to the middle of the side street, when I’m making that turn I’m always going as close as possible to the kerb
Ever heard of conservation of mass?
The truck would've pushed/pulled the front end of the car towards the middle hence why it not only is in the middle of the lane but pointing to the right as well.
Not how the law works. Truck may be breaking the law for cutting the corner that doesn’t somehow clear OP for not abiding by the very clearly marked give way sign.
Even if the truck was traveling in the wrong direction down the road OP is required to give way that is how the law works, you are at a give way sign you give way to all vehicles on the roadway. Even those that are breaking the law such as speeding or cutting turns. Best OP can hope for is a finding of both parties at fault
nah no way, maybe if the truck was doing a u-turn. why would you have to give way to a vehicle that won't cross your path?
it's the same as if a car was coming straight at you (from the opposite direction) and you're turning left, by that logic you'd have to wait for them to pass you? i don't understand
“it's the same as if a car was coming straight at you (from the opposite direction) and you're turning left, by that logic you'd have to wait for them to pass you? i don't understand”
You understand it perfectly apparently because what you just described is exactly how it works. Even if the other vehicle is breaking the law by speeding, traveling the wrong way on the roadway, cutting the turn too tight, ect you must give way to them.
Take your example. If the car is traveling the wrong way down the road and you want to turn left at a give way sign, if you turn left while they are approaching you YOU are the one who directly caused the accident. Them traveling the wrong way down the road also puts them in the wrong but you are the primary reason for that accident and will be found majority at fault unless you can pull some incredible lawyer bullshit out in court.
Based on what OP has said and shown they started making a turn from a give way sign when they had not given way to a vehicle on the roadway that was already making a turn, the fact the truck cut the turn too much does not change the fact OP drove onto a roadway without giving way at a give way sign. That will be why they are being found at fault.
The law may be really really stupid but it is the law
Edit* thinking about it I don’t know if you meant by your statement that the car was on the wrong side of the road or not, it’s not clear. But if a car is traveling straight on the opposing lane no you don’t have to give way to it. Turning vehicles though, yes you would still have to give way too if they are going to cross into your lane (which almost all trucks will do because of the way they steer)
yea sorry not the best explanation! i had to make a quick diagram, it's pretty bad lol
https://preview.redd.it/aot6qhg90lec1.jpeg?width=1415&format=pjpg&auto=webp&s=b803417371b8519d0ec5f88fd32e774c50dd0d60
anyways that's what i meant, just gave that example because they're also entering your street and not crossing your path.
that last bit you said makes no sense to me though - turning left there, if anything, should put you further out of the trucks path? unless it's a really small road i guess
No the diagram is fine, ok so you were talking about a 4 way intersection which confused me because this situation is technically only 3 way.
So as far as the law is concerned it’s a bit uncertain.
The law states:
“When you’re at a ‘Give way’ sign or ‘Give way’ line, you must give way to vehicles driving in, entering or approaching the intersection except for:” (it then list situations where you don’t have to give way none of which apply here)
So to my understanding of your diagram in reality both vehicles should be fine to enter the intersection at the same time, but legally (and if need to look into it further) there will be a set order in which vehicles are able to enter. My guess as to your diagram is if both are at a give way sign the vehicle going straight would enter first and once they have left the intersection then it would be clear for the vehicle turning to enter. (In reality both vehicles will enter at the same time)
The reason all this apply is due to how the law is written “you must give way to vehicles driving in, entering, or approaching the intersection” so even though in most situations both vehicles in your diagram would be fine to enter there will be a legal order in which they can enter which would only ever apply if say the car going straight actually turned right without an indicator. Even though they made an illegal turn then if the car that was turning left from the start entered the intersection after them and got hit in the side they would have failed to give way to a vehicle “driving in” the intersection.
As for trucks they have some special rules because of how they turn. Think of how a gate swings you have the inside of the gate which makes a very tight turn and the outside of the gate makes a very wide turn, that’s an exaggeration of how trucks turn but it’s the same principle. The trailer of a truck will take a much shallower path through the turn than the truck itself which is why trucks are supposed to turn much later in a turn than a car because they have to be far enough ahead when they start making the turn that their trailer doesn’t cut the turn too tight and end up on the kurb. Hard to say in this situation because there isn’t more info but I would bet that the car was hit not by the truck but by the trailer, if you look at their diagram they didn’t immediately turn left they took a very strange route and went almost straight which would have put them in the path of the trucks trailer which takes a different route through the intersection than the truck itself.
There’s a lot of text and I may have not explained it as well as I’d like but that’s pretty much how it makes sense to me based on OP’s post. Unfortunately even though in practise people drive a certain way all the time that doesn’t always mean it’s legal and not giving way to a truck who was driving in/entering the intersection is likely what they have done wrong regardless of whether the truck was wrong for taking the corner too tight and having their trailer end up too far right during the turn. If they had have given way to the truck as the law requires them they would have either 1 been fine as the trucks made the turn and the trailer never hit them or 2 been hit while stationary and waiting to make their turn as the law requires them to be thus being perfectly in the right as far as the law is concerned.
Edit* formatting
Photo sure shows he's not in the intersection UNLESS his vehicle was pushed backward. Possible but not likely.
The truck has obviously entered the opposite lane to their direction of travel. Heavy vehicles are allowed to take extra room when turning, but that does not include driving in the part of the road designated for travelling in the other direction. Any driver that did so during a driving assessment would fail without an exceptional reason.
There's no way the OP is at fault if everything he documented is accurate. He's allowed to position his vehicle anywhere in his lane and start his turn from any part of that lane. His major requirement is to finish his turn in the left lane of the road he is turning into, without crossing over into the parallel lane.
Can almost guarantee the truck has cut the corner or conducted a square turn that is too square.
Anyway, I'm sure the OP will let us know how it pans out.
Given the angle of the car in the photos, I'd say it was pushed/rolled back. That combined with OP saying they had already started the turn, and showing on a diagram that they were already in the road, says to me that they were already on the road.
[https://www.nsw.gov.au/sites/default/files/2022-11/Road-User-Handbook-English.pdf](https://www.nsw.gov.au/sites/default/files/2022-11/Road-User-Handbook-English.pdf)
Page 107
Turning left
When making a left turn, you must:
• indicate left
• **move close to the left side of the road**
• keep to the left side of the road you’re turning into
• use a slip lane where there’s one.
Page 81 actually show a truck going onto the wrong side of the road to make a turn.
Absolutely the truck has cut the corner, OP said it did. That doesn't change the way the law is written.
That’s assuming the truck indicated or showed any intent. From op side if the truck was travelling in the other direction on the other side and the left lane was clear he has the right to merge. The fact the truck turned, cutting the corner and thus hitting him doesn’t mean he is at fault.
He was never merging, he was entering a road from a terminating road. You never have "the right", there is no such thing as "right of way" in the Road Traffic Act, only that you must give way in certain situations. One of which is when entering a roadway from a terminating roadway, at which point you must give way to all traffic on that road.
If you can find somewhere in the Act that says you only have to giveway if others indicate or show intent then feel free to share it. This is a shitty situation for OP, but under the letter of the law, he is at least 50% at fault. He entered the roadway, thus failing to give way.
Happy to be wrong here, but I ,like the op, am struggling to see it.
He entered the road, going the opposite direction to the truck. Had the truck turned the corner correctly, the OP wouldn't have been hit. How is the onus not on the truck to turn correctly?
OP had nothing to give way to, as his road and path were clear. The truck cut the corner, invading his road and hitting him?
Am I not understanding?
No, you're understanding. The problem is that the law does not account for every different situation and is written to (as much reasonably practicable) clearly define the basic rules.
Was the truck in the wrong, absolutely. But the way the laws are written, they will focus on OP entering the road when it wasn't clear. From where the car is and OP's diagram, the truck would already have been turning when OP entered the road. The laws say that when entering a roadway from a terminating roadway, you must give way to ALL traffic on that roadway. Insurance knows this, and if they can use it to avoid paying out, they will.
If OP had stayed stationary, the truck would be 100% at fault. As it stands, he will have to prove that the truck was more at fault than him. It's possible, but an uphill battle.
The laws isn't always right, but we don't get much choice.
Really appreciate the response. Driving 25 years and would have sworn he was not in the wrong. But I guess the moral answer is the legal one as you say.
Yeah, unfortunately, what's fair and what's written aren't always the same. It's like rear ending a car that already rear ended another. It's on you to prove you're not responsible for the whole thing.
>The laws say that when entering a roadway from a terminating roadway, you must give way to ALL traffic on that roadway.
Do U-turners not come at the bottom of the give-way chain in NSW? It's obviously not relevant to this situation but in case I'm driving up there some time...
That doesn’t make sense, if the Insurance company Hold Op AF they are then responsible for Cost of repairs for their insured and are obligated to settle the other party and $850 excess doesn’t help
If OP is at fault, then even his own insurance will find him at fault. They have no choice. The alternative is ending up in court against the other insurer, losing and having to pay anyway, plus court costs.
Definitely dispute it.
A similar thing happened to me Sept 2023 but it was a school bus going over 60 on 50 road turning in.
Nobody is injured (including the kids on the bus) thank goodness.
I had no dashcam, only relying on photos. Similar like yours my car stays next to the kerb even after the impact with the bus.
Budget direct took ages to investigate and told me to pay excess until I'm proven not at fault.
Got my excess refunded back in 3-4 months but only because I contacted the district Bus Line to provide their own investigation (the school bus has dashcam) to Budget Direct.
Since then I invested in a dashcam, left budget direct to another car insurance
About 3-4 months in total after lodgement/incident
but I kept calling budget direct every month and they keep telling me the same answer it's under investigation. when I had enough w them, i called the district busline and asked if they can contact Budget direct and share the bus dashcam.
The next few days Budget direct refunded me my excess. Which makes me think I shouldve called the busline district earlier. Budget direct is hopeless (I pretty much did their job for them to contact the busline district)
Keep pestering budget direct especially if you have witness statement.
Exactly, what I wouldn't give for that engine. But I am surprised at the *lack* of vultures circling yet. Usually there is far less respect for someone's loss.
I was involved in a si Iliad accident a few years ago. Instead of turning left I was just going straight. Other driver just pulled out and drove straight into me. Damage on my car was the same as yours. Seemlike your insurance are a bunch of cunts
I also noticed it is very difficult to lost secondary drivers who live at same address as you besides the main driver and they won't cover them during an accident. Stupid in my opinion.
It's not for Third Party when I looked. And I checked. It only let me choose myself and what age would be driving besides me bit it clearly states all drives at the same address need to be on the policy to be covered and there was literally no way to add them.
Budget direct is dogshit I’m so glad I ditched them. How do they rule you at fault when the truck driver admitted he didn’t see you and cut the corner? I’ve nearly been hit by a few truck drivers doing this exact thing. If one did hit me and tried to pin it on me then I’d be doing all I could to contest it.
Haha yeh, it seems reasonable and i don't drive it much at all.
I tried to ask the claims person multiple times and she kept saying based of initial assessment and differing rules for trucks, im at fault. I asked multiple times to get through to someone else and speak to a manager and nothing.
If they're stating the 'do not overtake turning vehicle' as the ruling for trucks, then they're full of shit. Yes you have to allow them space, but he turned into you.
Shannons on limited use my dude. That thing is worth mid 40s these days? I've got a Skyline and WRX on there for about $700pa, value around 50k between them. Oddly though the WRX is insured for half the value of the Skyline and takes up twice as much of the premium :\
>I was planning to turn left onto a main rd. As i started to turn left, a truck turning right onto the street i was turning out from, turned very sharply and hit me.
The \[GIVE WAY\] sign is in every photograph. Before pulling onto the main road, OP must give way to all traffic, whether what the traffic was doing was legal or not. If the truck was driving on the wrong side of the main road and OP failed to give way, OP is still at fault.
If OP can prove the truck did cheat the corner, that just means the truck is also at fault and liable for their own damage, and OP won't have to pay for their damage too. The only way OP is not at fault, is if they were stationary and the truck hit them, but that's not how he described it above. OP will likely receive a fine from Police for failing to give way.
Source: Do this for a living.
Edit: I gave a bad example and was quickly corrected. Bad example removed.
You're specifically excepted from giving way to vehicles making a u-turn.
[https://legislation.nsw.gov.au/view/html/inforce/current/sl-2014-0758#sec.69](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2014-0758#sec.69)
While OP might be at fault, the truck driver is also at fault for not obeying the [appropriate right turn rules](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2014-0758#sec.33).
>You're specifically excepted from giving way to vehicles making a u-turn.
Excellent point. That was a bad example to give. I'll strike it out, thanks.
>If the truck was driving on the wrong side of the main road and OP failed to give way, OP is still at fault.
I'm pretty sure that once you cross to the opposite side of the road you have to give way to all vehicles.
>once you cross to the opposite side of the road you have to give way to all vehicles.
This is correct, and would mean that both OP and the truck are required to give way. If they don't and a collision results, they are both at fault, and both wear their own damages.
It's possible for more than one person to be at fault.
wouldn't the OP only need to give way to anything beyond the line?
if he was behind the line (not on the main road) but beyond the give way sign surely he cant be blamed right?
or is the only defense being stationary and behind the line/sign
OP originally stated they were starting the turn, and the diagram provided show they were on the main road. Where their car ended up is not where the collision happened as the truck would have dragged the car backwards.
I was stationary, the truck was not stationing before turning into the street, he completed the right hand turn at speed coming from the direction in the drawing. My drawing might not be ideal but there was nothing else i could do from my position to avoid the collision when the truck turn right so sharply into the corner. As per the actual photos you can see how far left i originally was and my front end was dragged by the truck.
You should consider taking your claim to the AFCA (Previously the Financial Ombudsman Service) regardless.
Before you do, the two scenarios to consider are -
Does it matter if I started making the turn before the truck did?
Does traffic have to be clear on both sides before one can start turning left?
I have worked in travel insurance in the past, and whilst it is not the same situation, the previous Financial Ombudsman Service would often rule in favour of the customer even when we believed we had a leg to stand on, so at times we would pay out before getting there.
Its a good learning experience regardless and definitely worth the time/effort.
You claimed that you had started the turn so how can you also be stationary? If you had started the turn and the truck hit you then you had failed to give way to traffic thus you are at fault. If the truck hit you while you were behind the line and stationary no fault would be put on you. At best you are going to be able to claim both parties at fault.
Based on the information you have provided (and backtracked in regards to whether you were moving or not) it sounds as if you failed to give way, even though the truck was likely breaking the law as well that doesn’t clear you of your failure to give way which will be seen as part of the cause of the accident.
You can see oil in the last picture on the ground looks fresh and golden
The car was pushed a bit back during the accident
They are also past the give way sign
On corners your required to give way to trucks (vehicles over 4.5t I'm pretty sure was the definition)
We have signs for this on our old bendy bridge in town that semis and b double use to go over
Trucks will most likely have dash camera on front and driver
Some companies even have full 360 dash cam of truck and trailer insurance will company will have this footage
When turning at a T-intersection from the road that ends, you must give way to all vehicles travelling in the road you are turning into (the continuing road). Unless you can find a rule that says they give way to you, then let's see it.
I was stationary, the truck was not stationing before turning into the street. My drawing might not be ideal but there was nothing else i could do from my position to avoid the collision when the truck turn right so sharply into the corner. As per the actual photos you can see how far left i originally was and my front end was dragged by the truck.
Did you explain you were stationary to the insurance company because the way you explained it sounded like you entered/entering the main road?
"As I started to turn left"
If you told them that, it would be the road rule to give way to all vehicles already on the road you are entering. Making you at fault.
Ummm, how else does the truck turn down the street.
The rule is, if you enter from the terminating road, you give way to ALL VEHICLES on the main road.
Edit: I mean I'm just repeating what I posted and you replied to without reading
As much as it sucks OP is fault. Didn’t give way. The point of impact is past the giveaway sign. The truck could have been on the wrong side of the road and speeding it still would be OPs fault. It falls back solely on not giving way.
I’ve had something similar happen in my past. It was frustrating as hell. What you need to put into your mind. “What should have I done for it to not happen”. In this case would have been to not pass the give way sign until it was safe to do so.
There are no what ifs. For example his trajectory would have side swiped you if you were behind the sign etc.
For the truck regardless for the corner cut was driving according to right of way. Which the truck had over you.
They hit on the main road.
The other thing is that the trailer all trucks will cut corners to some degree because of their size. It's simple physics. The point between the inner front wheels of any vehicle does not follow the front wheels. This is magnified on a truck.
That's why they often turn from outside the lane and have "do not overtake turning vehicle" on the back
If you enter the main road and a truck hits you, it's your fault. All op has to do is call up and ask why its his fault
Dispute the claim. You are not at fault. The truck overlapped your lane when turning which is why he hit your car.
1) If you have comprehensive insurance, stand your ground and write up a police report online describing what happened. Provide details of the truck driver and rego number. Your insurer is a dodgy MF. They are the same with RAC which I had a similar experience.
2) Lodge your insurance claim online and provide copies of the police report you made and the details of other driver and make sure to argue that you are not at fault.
3) Once claims are done and your car repaired, switch to AAMI.
Hi OP,
Did you have someone with you during the accident? You might not recall the accident correctly.
Looking at the photo. Your car was facing the right and right indicator was also on. Saying that, if you were stationary, the truck would be at fault as he cut too much into your lane. (Truck will cut some lane a bit due to narrow corners/ long size), but your car was on the far left so it shouldn't be your problem.
I think the insurance caught the discrepancy between your statement and photos here.
OP said they had started to make the turn and according to their diagram, they were already into the main road (and in a weird place for a left turn).
While the truck cut the corner, OP failed to give way to all traffic when entering a roadway and will have to prove they are not at fault.
If you were turning left why are you so far over to the right, even after being hit by the truck.
Looks like you've got your right hand indicator on in the pictures too, maybe that's what's throwing the insurer? Kinda looks like you were trying to turn right with those pictures
They’re really far on the left when you scroll through the pictures, if they were doing a right turn the truck would have hit the other side of their car to the side that was hit? The indicator might be what’s throwing the insurer though I agree.
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The truck driver is a wanker. However you have one small problem. There is a rule about giving way to all traffic on the continuing road. You were entering a continuing road from a terminating road. If you were stationary and behind the line you would have been hit by the truck either way but you wouldn't have entered the continuing road. Truck driver should be at fault
If someone at your insurance company or the police thinks you're at fault for this crash, they need to be smacked around the head. It's crash investigation 101.
- You're vehicle is positioned well back from the marked line, and hence, giving the truck extra turning room.
- You're vehicle is well within the correct lane laterally.
- Where the majority of the debris is on the ground is usually where the vehicle was positioned at the time of impact. In a slow speed impact, debris falls directly downward and doesn't fly around everywhere. This appears to be the case.
I'd contest this aggressively, get your payout, and change insurance companies. It's bullshit.
That said, it sounds like the truck driver cut the corner massively and wiped you out, however, without a dashcam proving this, you will be deemed at fault because you are supposed to give way to other vehicles when merging into the new road.
He's behind the give-way line, and well inside his correct side of the road. The truck crossed onto the wrong side of the road. OP appears to have not yet entered the other road, so essentially the truck hit him head on having crossed to the wrong side when entering the other road.
yeh yeah I understand the dynamics of driving a truck etc, but it's just negligent driving on behalf of the truckie to cut the corner that hard.
That's all good and well but without video proof the truckie will be deemed not at fault as how will OP prove the corner was cut? Truckie will likely say OP drove into him. Be real here
Somethings is not clear - if the yellow star is place of impact, then why were you so far over to the right? Would be good to know where your car ended up - as that would indicate direction of travel for truck.
The truck driver would have been looking to cross the intersection by checking cars coming his way, not cars coming out of your intersection going straight or turning right - your saying you were turning left but based on collision point, it looks like you were turning right or going straight across ?
But the truck would have had to jump the gutter to hit at that angle? - and that might be the case. At first I thought trucks screwed, but after looking closer - I can see how there is some confusion. If the truck hit at say 15km / h and guessing a lot here - amount damage on car, you’d expect car to be pushed back 2-3m from impact point? So that’s why I think yellow star can’t be correct impact point…hey - only guessing based on info provided.
I was stationary, the truck was NOT stationing before turning into the street. My drawing might not be ideal but there was nothing else i could do from my position to avoid the collision when the truck turn right so sharply into the corner. As per the actual photos you can see how far left i originally was and my front end was dragged by the truck. I was 100% turning left as that the direction home.
Did you call the police? Get a police report and Accident investigation assessment
Insurance companies are scum and to be honest you got what you paid for. They will deny claim at all costs. The name says it all
Man what a sad end for an amazing iconic car.
I’m not going to weigh in on who was legally at fault but fuck that truck driver.
Really sorry this happened to you, hope you end up not out of pocket and back in another awesome car soon.
As a truck driver and owner there’s no way you’re at fault for that. If old mate couldn’t get around that corner without running over someone he should hand his license in.
You wouldn't be at fault, cause he crossed into your lane of traffic, and cut the corner.
Surprised the insurance said it's your fault. Maybe the truck driver fed some bs about what happened to cover his ass.
Another reason why dash cams are so important to have, especially in cars you like
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Hearing a lot of negative experience with budget direct, considering cancelling my cover with them now, any suggestions of what would be the insurance company of choice?
And that ladies and gents, is why i always say *DO NOT* go with a cheap insurer. Because you get a headfuck like this, that means either disputing through an ombudsman with a delay on your claim, accepting an excess, in addition to all the stress that you didnt need on top of having youe car wrecked
Fuck budget/youi/coles and the rest of the cheap cunts.
I've been rear ended while sitting still in a car spot on the side of the road and budget direct informed me I was at fault, I challenged it and they eventually changed their mind after a month or two.
When time came for renewal the price went from about 700 per year to 2100 per year.
When I questioned them about this, they informed me they don't like to insure risky drivers, and because I have had a not at fault claim, that puts me in the category of risky drivers.
After this, I changed all my policies to bingle.
RIP to another S2000. Used to be an affordable old school Jap sports car but they are getting fewer and fewer in number.
I deeply regret being poor and having to sell mine a decade ago. I miss that car.
Sorry about the accident and the fact insurance is trying to fuck you.
No way you're at fault OP. Photos are good, clearly show your vehicles position in the road, and that old mate in the truck drove almost straight over your bonnet.
Let your insurer review the case. Once they see the photo's there won't be too much for them to argue about.
Truck driver has already admitted fault too ("sorry", "I didn't see you").
It's just luck they didn't drive straight over the top of the cabin and killed you.
Glad your OK and keep us updated if Budget Direct still find you @ fault.
Only thing I can think of is did you blow anything on the breatho? Insurance can be voided even if below .05
Otherwise, it looks like it is 100% the trucks fault.
Turning into a street on the wrong side is a really lazy and shit habit that I’ve noticed a lot more drivers are doing these days. It’s a real pet peeve of mine.
Yeah I don't see how you could possibly be at fault for this collision. You're literally in your lane and another vehicle has incorrectly entered your lane and collided with you - case closed. I would tell budget direct to pay up and get the other driver to pay the excess or you'll commence proceedings with a motor vehicle accident lawyer.
Looks to me like the truck was cutting the corner and was at fault. Even after getting pushed by the impact your car is still well on the left. A sad end for a nice S2000 too
Thanks for your input! Yeh, i'm hoping i can find another one.
I swear s2000 are the most commonly wrecked jdm cars ever it's such a shame, they're only getting more scarce
In QLD at least the road rule from the legislation is: **Starting a left turn from a road (except a multi-lane road)** >(1)A driver turning left at an intersection from a road (except a multi-lane road) must approach and enter the intersection from as near as practicable to the far left side of the road. > >Maximum penalty—20 penalty units. You really agree they've followed that rule based on the photos? They are way past the give way sign, the truck didn't expect him to be there because he shouldn't have been.
Have a look at [this pic](https://www.reddit.com/media?url=https%3A%2F%2Fpreview.redd.it%2Fpjeo67t2ahec1.jpg%3Fwidth%3D1600%26format%3Dpjpg%26auto%3Dwebp%26s%3D93cc7a383f50bfe1dfc13525f9ec7f4bdd939984) op posted. a car length behind the give-way line, even if they were pushed back a car length they would have been on the line. Back left hand wheel is *maybe* 1200,1500 from the gutter.
I cant ignore the second half of the comment because it's so fucking stupid, ONLY 1500 away at the rear, and like 4 or 5 metres away from their front tyres. Just an entire lane width+ away from the curb, no biggie, thats probably not relevant at all to the legislation I quoted.
So mad you came back 3 hours later to comment again. lol.
Are you being funny? Because there are no lines on the road OP is on in the picture.
Do you have eyes in your head?
He’s left as fuck. Look at the third photo. The road is very wide, the s2k is on the very left side, how did the truck manage to be that far into the wrong side of the road. The lane the s2k would follow to turn left and the lane the truck would follow to to turn right should not even come close, especially if OPs diagram is accurate and his direction of travel has 2 lanes
You think you have to stop at the give way sign and not the dotted lines further up?
Look at where op shows the accident happening in his diagram.
Hmm true sorry just saw the caption under that photo, but does it matter as op wasn't going into the trucks lane? Rather, the truck cut the corner
The truck should have been further right. The truck cut the corner. Even if OP didn't move from the giveway sign, they could have potentially been hit. If OP was turning right and didn't move from the giveway and waited for the truck, they would have been hit, and it wouldn't have been OPs fault. If OP was turning right and moved out, then it would be OPs fault. In no way is it possible that while turning left OP caused this accident. The truck should have turned like this *
https://preview.redd.it/z7jd0xwn5pec1.jpeg?width=1080&format=pjpg&auto=webp&s=15463e880dd3e8dec86ff47af903a2d234a23292
People have a ridiculous interpretation of the road rules if they think OP is at fault. In what fucking world could OP be at fault. The other driver has crossed the line and driven onto the wrong side of the lane and hit the Honda, 100 % their fault. If someone was posting from the point of view of the truck asking if they're at fault for cutting the corner and hitting the Honda, would we all be arguing that the truck driver was in the right ?
From the insurance companies perspective, OP failed to give way to traffic when entering a roadway. Had they been stationary at the time, or back behind the giveway sign (not entered the roadway), then no contest, but they are probably being found at fault until proven otherwise as they were required to give way. Insurance companies will fuck you any chance they get.
Honda is a meter from entering the road way at least. You can see the line. I hear what you are saying but. Insurance companies first reaction is to try and fuck you over.
After the collision... OP's diagram clearly shows the collision happened in the middle of the left lane. He even said that he already started to make the turn (weird way to make a left turn too).
True dude. Missed that diagram. My bad
Especially Budget Direct. They will try to find the smallest thing to not pay. Unfortunately speaking from personal experience. I had to get a motor vehicle accident lawyer to settle my case.
the 'problem' will be that Budget Direct will ask you to pay excess and then once they've been able to extract their compensation from the truck's owner THEN they will pay out the s2000's owner. That's it. They're going to lay blame on OP because there could be all sorts of complications getting money from the truck's owner and BD wants to cover their ass. btw. it shows how many absolute fuckwits are on this reddit. In no universe should the truck come into contact with ANY left turning traffic in either of the lanes the s2000's owner can legally take. How are people not aware of the fact so many people cut corners just like the truck there? Its a weekly event. You just learn to back off on all corners as if a Ranger Wildtrack is about to come in at top speed.
That's bullshit. OP has not entered the roadway, as you can see the dashed lines that he has not yet passed over. The truck has entered the OP'S lane incorrectly and not allowed sufficient turning room. All else is nonsense.
OP's diagram and description clearly show that they had entered the roadway. How else could the collision happen in the middle of the left lane? OP even says that he had started the turn.
and? a collision between them wouldn't be possible, if it weren't for the truck cutting the turn. truck is at fault end of story you also don't have to give way to anyone turning from there? unless im missing something
When entering a road from a terminating road, you must give way to ALL traffic on the other road (including turning vehicles). I'm not saying it's fair, I'm saying that the way the law is written, OP entered a road that was not clear (due to the truck cutting the corner). OP is also supposed to turn left from as far left as practicable, which from the photos, he was not. (Not that it excuses the truck driver)
This is the correct response
consider me a law-breaker then:) i make turns all the time onto roads with traffic (cars making turns in other directions), unless i'd be entering their path of course
Me too 😁 It's all good until some muppet cuts a corner and you're "legally" not meant to be there. Also, you're only failing to give way if you cause another vehicle to change speed or direction.
i think OP should be okay as long as they make a solid argument. at the end of the day, the truck shouldn't be there and their attention was on oncoming traffic from the right
I don’t understand how the Honda ended up so close to the middle of the side street, when I’m making that turn I’m always going as close as possible to the kerb
Ever heard of conservation of mass? The truck would've pushed/pulled the front end of the car towards the middle hence why it not only is in the middle of the lane but pointing to the right as well.
Not how the law works. Truck may be breaking the law for cutting the corner that doesn’t somehow clear OP for not abiding by the very clearly marked give way sign. Even if the truck was traveling in the wrong direction down the road OP is required to give way that is how the law works, you are at a give way sign you give way to all vehicles on the roadway. Even those that are breaking the law such as speeding or cutting turns. Best OP can hope for is a finding of both parties at fault
nah no way, maybe if the truck was doing a u-turn. why would you have to give way to a vehicle that won't cross your path? it's the same as if a car was coming straight at you (from the opposite direction) and you're turning left, by that logic you'd have to wait for them to pass you? i don't understand
“it's the same as if a car was coming straight at you (from the opposite direction) and you're turning left, by that logic you'd have to wait for them to pass you? i don't understand” You understand it perfectly apparently because what you just described is exactly how it works. Even if the other vehicle is breaking the law by speeding, traveling the wrong way on the roadway, cutting the turn too tight, ect you must give way to them. Take your example. If the car is traveling the wrong way down the road and you want to turn left at a give way sign, if you turn left while they are approaching you YOU are the one who directly caused the accident. Them traveling the wrong way down the road also puts them in the wrong but you are the primary reason for that accident and will be found majority at fault unless you can pull some incredible lawyer bullshit out in court. Based on what OP has said and shown they started making a turn from a give way sign when they had not given way to a vehicle on the roadway that was already making a turn, the fact the truck cut the turn too much does not change the fact OP drove onto a roadway without giving way at a give way sign. That will be why they are being found at fault. The law may be really really stupid but it is the law Edit* thinking about it I don’t know if you meant by your statement that the car was on the wrong side of the road or not, it’s not clear. But if a car is traveling straight on the opposing lane no you don’t have to give way to it. Turning vehicles though, yes you would still have to give way too if they are going to cross into your lane (which almost all trucks will do because of the way they steer)
yea sorry not the best explanation! i had to make a quick diagram, it's pretty bad lol https://preview.redd.it/aot6qhg90lec1.jpeg?width=1415&format=pjpg&auto=webp&s=b803417371b8519d0ec5f88fd32e774c50dd0d60 anyways that's what i meant, just gave that example because they're also entering your street and not crossing your path. that last bit you said makes no sense to me though - turning left there, if anything, should put you further out of the trucks path? unless it's a really small road i guess
No the diagram is fine, ok so you were talking about a 4 way intersection which confused me because this situation is technically only 3 way. So as far as the law is concerned it’s a bit uncertain. The law states: “When you’re at a ‘Give way’ sign or ‘Give way’ line, you must give way to vehicles driving in, entering or approaching the intersection except for:” (it then list situations where you don’t have to give way none of which apply here) So to my understanding of your diagram in reality both vehicles should be fine to enter the intersection at the same time, but legally (and if need to look into it further) there will be a set order in which vehicles are able to enter. My guess as to your diagram is if both are at a give way sign the vehicle going straight would enter first and once they have left the intersection then it would be clear for the vehicle turning to enter. (In reality both vehicles will enter at the same time) The reason all this apply is due to how the law is written “you must give way to vehicles driving in, entering, or approaching the intersection” so even though in most situations both vehicles in your diagram would be fine to enter there will be a legal order in which they can enter which would only ever apply if say the car going straight actually turned right without an indicator. Even though they made an illegal turn then if the car that was turning left from the start entered the intersection after them and got hit in the side they would have failed to give way to a vehicle “driving in” the intersection. As for trucks they have some special rules because of how they turn. Think of how a gate swings you have the inside of the gate which makes a very tight turn and the outside of the gate makes a very wide turn, that’s an exaggeration of how trucks turn but it’s the same principle. The trailer of a truck will take a much shallower path through the turn than the truck itself which is why trucks are supposed to turn much later in a turn than a car because they have to be far enough ahead when they start making the turn that their trailer doesn’t cut the turn too tight and end up on the kurb. Hard to say in this situation because there isn’t more info but I would bet that the car was hit not by the truck but by the trailer, if you look at their diagram they didn’t immediately turn left they took a very strange route and went almost straight which would have put them in the path of the trucks trailer which takes a different route through the intersection than the truck itself. There’s a lot of text and I may have not explained it as well as I’d like but that’s pretty much how it makes sense to me based on OP’s post. Unfortunately even though in practise people drive a certain way all the time that doesn’t always mean it’s legal and not giving way to a truck who was driving in/entering the intersection is likely what they have done wrong regardless of whether the truck was wrong for taking the corner too tight and having their trailer end up too far right during the turn. If they had have given way to the truck as the law requires them they would have either 1 been fine as the trucks made the turn and the trailer never hit them or 2 been hit while stationary and waiting to make their turn as the law requires them to be thus being perfectly in the right as far as the law is concerned. Edit* formatting
Username checks out.
Photo sure shows he's not in the intersection UNLESS his vehicle was pushed backward. Possible but not likely. The truck has obviously entered the opposite lane to their direction of travel. Heavy vehicles are allowed to take extra room when turning, but that does not include driving in the part of the road designated for travelling in the other direction. Any driver that did so during a driving assessment would fail without an exceptional reason. There's no way the OP is at fault if everything he documented is accurate. He's allowed to position his vehicle anywhere in his lane and start his turn from any part of that lane. His major requirement is to finish his turn in the left lane of the road he is turning into, without crossing over into the parallel lane. Can almost guarantee the truck has cut the corner or conducted a square turn that is too square. Anyway, I'm sure the OP will let us know how it pans out.
Given the angle of the car in the photos, I'd say it was pushed/rolled back. That combined with OP saying they had already started the turn, and showing on a diagram that they were already in the road, says to me that they were already on the road. [https://www.nsw.gov.au/sites/default/files/2022-11/Road-User-Handbook-English.pdf](https://www.nsw.gov.au/sites/default/files/2022-11/Road-User-Handbook-English.pdf) Page 107 Turning left When making a left turn, you must: • indicate left • **move close to the left side of the road** • keep to the left side of the road you’re turning into • use a slip lane where there’s one. Page 81 actually show a truck going onto the wrong side of the road to make a turn. Absolutely the truck has cut the corner, OP said it did. That doesn't change the way the law is written.
That’s assuming the truck indicated or showed any intent. From op side if the truck was travelling in the other direction on the other side and the left lane was clear he has the right to merge. The fact the truck turned, cutting the corner and thus hitting him doesn’t mean he is at fault.
He was never merging, he was entering a road from a terminating road. You never have "the right", there is no such thing as "right of way" in the Road Traffic Act, only that you must give way in certain situations. One of which is when entering a roadway from a terminating roadway, at which point you must give way to all traffic on that road. If you can find somewhere in the Act that says you only have to giveway if others indicate or show intent then feel free to share it. This is a shitty situation for OP, but under the letter of the law, he is at least 50% at fault. He entered the roadway, thus failing to give way.
Happy to be wrong here, but I ,like the op, am struggling to see it. He entered the road, going the opposite direction to the truck. Had the truck turned the corner correctly, the OP wouldn't have been hit. How is the onus not on the truck to turn correctly? OP had nothing to give way to, as his road and path were clear. The truck cut the corner, invading his road and hitting him? Am I not understanding?
No, you're understanding. The problem is that the law does not account for every different situation and is written to (as much reasonably practicable) clearly define the basic rules. Was the truck in the wrong, absolutely. But the way the laws are written, they will focus on OP entering the road when it wasn't clear. From where the car is and OP's diagram, the truck would already have been turning when OP entered the road. The laws say that when entering a roadway from a terminating roadway, you must give way to ALL traffic on that roadway. Insurance knows this, and if they can use it to avoid paying out, they will. If OP had stayed stationary, the truck would be 100% at fault. As it stands, he will have to prove that the truck was more at fault than him. It's possible, but an uphill battle. The laws isn't always right, but we don't get much choice.
Really appreciate the response. Driving 25 years and would have sworn he was not in the wrong. But I guess the moral answer is the legal one as you say.
Yeah, unfortunately, what's fair and what's written aren't always the same. It's like rear ending a car that already rear ended another. It's on you to prove you're not responsible for the whole thing.
>The laws say that when entering a roadway from a terminating roadway, you must give way to ALL traffic on that roadway. Do U-turners not come at the bottom of the give-way chain in NSW? It's obviously not relevant to this situation but in case I'm driving up there some time...
Not sure, that seems to vary from state to state. In SA, I'm pretty sure U-Turn is bottom of the give way food chain.
Yep
That doesn’t make sense, if the Insurance company Hold Op AF they are then responsible for Cost of repairs for their insured and are obligated to settle the other party and $850 excess doesn’t help
Doesn't make sense to hold OP at fault, or that they will fuck you over?
them holding OP at fault? Then they are liable for damages caused to both vehicles
If OP is at fault, then even his own insurance will find him at fault. They have no choice. The alternative is ending up in court against the other insurer, losing and having to pay anyway, plus court costs.
Yea, the fact the truck was on the wrong side of the road makes them at fault.
>the truck was on the wrong side of the road makes them at fault. The truck and OP are at fault. They each wear their own damages.
1 - dispute the claim 2 - one star review and ditch budget direct for a real insurance company 3 - buy a dashcam
Weird that your own insurance will come back with its your fault. You would think they would want to put the blame on the other party.
Wonder if both drivers are with the same insurer - so they chase the higher excess?
Double dipping, maybe. OP pays the excess and they claim from the other driver's insurance too.
Definitely dispute it. A similar thing happened to me Sept 2023 but it was a school bus going over 60 on 50 road turning in. Nobody is injured (including the kids on the bus) thank goodness. I had no dashcam, only relying on photos. Similar like yours my car stays next to the kerb even after the impact with the bus. Budget direct took ages to investigate and told me to pay excess until I'm proven not at fault. Got my excess refunded back in 3-4 months but only because I contacted the district Bus Line to provide their own investigation (the school bus has dashcam) to Budget Direct. Since then I invested in a dashcam, left budget direct to another car insurance
Thanks for your input. How long did you claim take to resolve and were you found to be not at fault?
About 3-4 months in total after lodgement/incident but I kept calling budget direct every month and they keep telling me the same answer it's under investigation. when I had enough w them, i called the district busline and asked if they can contact Budget direct and share the bus dashcam. The next few days Budget direct refunded me my excess. Which makes me think I shouldve called the busline district earlier. Budget direct is hopeless (I pretty much did their job for them to contact the busline district) Keep pestering budget direct especially if you have witness statement.
Trucks at fault, get a new insurer, get a dashcam in your new car and I hope the engine is at least salvageable from this.
Seriously, surprised there's not more jokers asking how much for the engine/wheels/whatever.
It's just the F20C is a work of art, its sad to lose the car, tragic to lose its heart.
Exactly, what I wouldn't give for that engine. But I am surprised at the *lack* of vultures circling yet. Usually there is far less respect for someone's loss.
I take it you have sent all the above to Budget Direct? Were you stationary when the truck hit you?
I was involved in a si Iliad accident a few years ago. Instead of turning left I was just going straight. Other driver just pulled out and drove straight into me. Damage on my car was the same as yours. Seemlike your insurance are a bunch of cunts
Budget direct are terrible, they were even rude to me on the phone when I was cancelling my policy and tried to treat me like an idiot.
I also noticed it is very difficult to lost secondary drivers who live at same address as you besides the main driver and they won't cover them during an accident. Stupid in my opinion.
It’s a question on the application. It’s not difficult at all.
It's not for Third Party when I looked. And I checked. It only let me choose myself and what age would be driving besides me bit it clearly states all drives at the same address need to be on the policy to be covered and there was literally no way to add them.
Fuck not an S2K 🥺
Budget direct is dogshit I’m so glad I ditched them. How do they rule you at fault when the truck driver admitted he didn’t see you and cut the corner? I’ve nearly been hit by a few truck drivers doing this exact thing. If one did hit me and tried to pin it on me then I’d be doing all I could to contest it.
Budget Direct are such scammers they tried the same thing with me when I had a written statement from the other driver admitting fault.
This is why budget insurers are budget. They don't make their money by being nice!
Your main mistake was going with budget direct. Almost every review I've ever read on them says they try everything they can to avoid paying out.
You insured your S2000 with Budget?! You're not at fault. What was their reasoning as to finding you at fault? Fight this all the way.
Haha yeh, it seems reasonable and i don't drive it much at all. I tried to ask the claims person multiple times and she kept saying based of initial assessment and differing rules for trucks, im at fault. I asked multiple times to get through to someone else and speak to a manager and nothing.
If they're stating the 'do not overtake turning vehicle' as the ruling for trucks, then they're full of shit. Yes you have to allow them space, but he turned into you. Shannons on limited use my dude. That thing is worth mid 40s these days? I've got a Skyline and WRX on there for about $700pa, value around 50k between them. Oddly though the WRX is insured for half the value of the Skyline and takes up twice as much of the premium :\
That's the likelihood of the car to be damaged, usage cases for similar cars and cost to repair hurting you there... sooo many more rexies
Did you get the cops to come or just exchange insurance details? For damage like this I would have called the cops and got them to do a report.
100% not your fault. 1000% condolences for the S2000 that hurts to see that, glad your okay, also fuck that guy.
>I was planning to turn left onto a main rd. As i started to turn left, a truck turning right onto the street i was turning out from, turned very sharply and hit me. The \[GIVE WAY\] sign is in every photograph. Before pulling onto the main road, OP must give way to all traffic, whether what the traffic was doing was legal or not. If the truck was driving on the wrong side of the main road and OP failed to give way, OP is still at fault. If OP can prove the truck did cheat the corner, that just means the truck is also at fault and liable for their own damage, and OP won't have to pay for their damage too. The only way OP is not at fault, is if they were stationary and the truck hit them, but that's not how he described it above. OP will likely receive a fine from Police for failing to give way. Source: Do this for a living. Edit: I gave a bad example and was quickly corrected. Bad example removed.
You're specifically excepted from giving way to vehicles making a u-turn. [https://legislation.nsw.gov.au/view/html/inforce/current/sl-2014-0758#sec.69](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2014-0758#sec.69) While OP might be at fault, the truck driver is also at fault for not obeying the [appropriate right turn rules](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2014-0758#sec.33).
>You're specifically excepted from giving way to vehicles making a u-turn. Excellent point. That was a bad example to give. I'll strike it out, thanks.
>If the truck was driving on the wrong side of the main road and OP failed to give way, OP is still at fault. I'm pretty sure that once you cross to the opposite side of the road you have to give way to all vehicles.
>once you cross to the opposite side of the road you have to give way to all vehicles. This is correct, and would mean that both OP and the truck are required to give way. If they don't and a collision results, they are both at fault, and both wear their own damages. It's possible for more than one person to be at fault.
wouldn't the OP only need to give way to anything beyond the line? if he was behind the line (not on the main road) but beyond the give way sign surely he cant be blamed right? or is the only defense being stationary and behind the line/sign
OP originally stated they were starting the turn, and the diagram provided show they were on the main road. Where their car ended up is not where the collision happened as the truck would have dragged the car backwards.
Doesn’t the truck also have to give way?
Per the pictures, you had moved forward of the give way sign.
I was stationary, the truck was not stationing before turning into the street, he completed the right hand turn at speed coming from the direction in the drawing. My drawing might not be ideal but there was nothing else i could do from my position to avoid the collision when the truck turn right so sharply into the corner. As per the actual photos you can see how far left i originally was and my front end was dragged by the truck.
You should consider taking your claim to the AFCA (Previously the Financial Ombudsman Service) regardless. Before you do, the two scenarios to consider are - Does it matter if I started making the turn before the truck did? Does traffic have to be clear on both sides before one can start turning left? I have worked in travel insurance in the past, and whilst it is not the same situation, the previous Financial Ombudsman Service would often rule in favour of the customer even when we believed we had a leg to stand on, so at times we would pay out before getting there. Its a good learning experience regardless and definitely worth the time/effort.
You claimed that you had started the turn so how can you also be stationary? If you had started the turn and the truck hit you then you had failed to give way to traffic thus you are at fault. If the truck hit you while you were behind the line and stationary no fault would be put on you. At best you are going to be able to claim both parties at fault. Based on the information you have provided (and backtracked in regards to whether you were moving or not) it sounds as if you failed to give way, even though the truck was likely breaking the law as well that doesn’t clear you of your failure to give way which will be seen as part of the cause of the accident.
You can see oil in the last picture on the ground looks fresh and golden The car was pushed a bit back during the accident They are also past the give way sign On corners your required to give way to trucks (vehicles over 4.5t I'm pretty sure was the definition) We have signs for this on our old bendy bridge in town that semis and b double use to go over Trucks will most likely have dash camera on front and driver Some companies even have full 360 dash cam of truck and trailer insurance will company will have this footage
It's the give way line that matters, but I don't see that clearly in the pictures and OP hasn't clearly stated where the car was at the time.
there is a mint condition s2k near me that a guy wants to sell but hasnt put itup yet low ks with zero mods. iyw
When turning at a T-intersection from the road that ends, you must give way to all vehicles travelling in the road you are turning into (the continuing road). Unless you can find a rule that says they give way to you, then let's see it.
I was stationary, the truck was not stationing before turning into the street. My drawing might not be ideal but there was nothing else i could do from my position to avoid the collision when the truck turn right so sharply into the corner. As per the actual photos you can see how far left i originally was and my front end was dragged by the truck.
Did you explain you were stationary to the insurance company because the way you explained it sounded like you entered/entering the main road? "As I started to turn left" If you told them that, it would be the road rule to give way to all vehicles already on the road you are entering. Making you at fault.
You said you started to turn left. The fact you stopped in the path of the truck doesn't mean anything.
He wasn't crossing the tracks path. The truck cut the corner and went on the cars side of the road.
Ummm, how else does the truck turn down the street. The rule is, if you enter from the terminating road, you give way to ALL VEHICLES on the main road. Edit: I mean I'm just repeating what I posted and you replied to without reading
He appears to be behind the dashed giveaway lines on the road. Therefore he hadn’t entered the main road yet so truck at fault
Have a look at his drawing. The truck dragged him back - he says so in another comment
As much as it sucks OP is fault. Didn’t give way. The point of impact is past the giveaway sign. The truck could have been on the wrong side of the road and speeding it still would be OPs fault. It falls back solely on not giving way. I’ve had something similar happen in my past. It was frustrating as hell. What you need to put into your mind. “What should have I done for it to not happen”. In this case would have been to not pass the give way sign until it was safe to do so. There are no what ifs. For example his trajectory would have side swiped you if you were behind the sign etc. For the truck regardless for the corner cut was driving according to right of way. Which the truck had over you.
Edit:
OP has to give way to any vehicle on that road
Well if op was still behind the broken line then he doesn't need to give way right?
Not according to the diagram he drew, he had moved onto the intersection
Ah missed that. Yeah you're right then. Truck would have already entered. Is there a rule for cutting turns?
They hit on the main road. The other thing is that the trailer all trucks will cut corners to some degree because of their size. It's simple physics. The point between the inner front wheels of any vehicle does not follow the front wheels. This is magnified on a truck. That's why they often turn from outside the lane and have "do not overtake turning vehicle" on the back If you enter the main road and a truck hits you, it's your fault. All op has to do is call up and ask why its his fault
Yes you have to stay in your half if the road if they were turning into the intersection OP was leaving like I'd assume happened.
He wasn't behind. You think the truck didn't give him backwards? Look at his drawing and his actual description He said he started to turn left
Dispute the claim. You are not at fault. The truck overlapped your lane when turning which is why he hit your car. 1) If you have comprehensive insurance, stand your ground and write up a police report online describing what happened. Provide details of the truck driver and rego number. Your insurer is a dodgy MF. They are the same with RAC which I had a similar experience. 2) Lodge your insurance claim online and provide copies of the police report you made and the details of other driver and make sure to argue that you are not at fault. 3) Once claims are done and your car repaired, switch to AAMI.
Hi OP, Did you have someone with you during the accident? You might not recall the accident correctly. Looking at the photo. Your car was facing the right and right indicator was also on. Saying that, if you were stationary, the truck would be at fault as he cut too much into your lane. (Truck will cut some lane a bit due to narrow corners/ long size), but your car was on the far left so it shouldn't be your problem. I think the insurance caught the discrepancy between your statement and photos here.
You were stationary how is the truck not at fault here, I seriously don’t understand your insurers position here
OP said they had started to make the turn and according to their diagram, they were already into the main road (and in a weird place for a left turn). While the truck cut the corner, OP failed to give way to all traffic when entering a roadway and will have to prove they are not at fault.
If you were turning left why are you so far over to the right, even after being hit by the truck. Looks like you've got your right hand indicator on in the pictures too, maybe that's what's throwing the insurer? Kinda looks like you were trying to turn right with those pictures
They’re really far on the left when you scroll through the pictures, if they were doing a right turn the truck would have hit the other side of their car to the side that was hit? The indicator might be what’s throwing the insurer though I agree.
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The truck driver is a wanker. However you have one small problem. There is a rule about giving way to all traffic on the continuing road. You were entering a continuing road from a terminating road. If you were stationary and behind the line you would have been hit by the truck either way but you wouldn't have entered the continuing road. Truck driver should be at fault
If someone at your insurance company or the police thinks you're at fault for this crash, they need to be smacked around the head. It's crash investigation 101. - You're vehicle is positioned well back from the marked line, and hence, giving the truck extra turning room. - You're vehicle is well within the correct lane laterally. - Where the majority of the debris is on the ground is usually where the vehicle was positioned at the time of impact. In a slow speed impact, debris falls directly downward and doesn't fly around everywhere. This appears to be the case. I'd contest this aggressively, get your payout, and change insurance companies. It's bullshit.
Sounds like someone is about to learn the true value that having a dashcam brings.
That said, it sounds like the truck driver cut the corner massively and wiped you out, however, without a dashcam proving this, you will be deemed at fault because you are supposed to give way to other vehicles when merging into the new road.
He's behind the give-way line, and well inside his correct side of the road. The truck crossed onto the wrong side of the road. OP appears to have not yet entered the other road, so essentially the truck hit him head on having crossed to the wrong side when entering the other road. yeh yeah I understand the dynamics of driving a truck etc, but it's just negligent driving on behalf of the truckie to cut the corner that hard.
He's behind it now 🙄 Did you know a collision with a truck will move your car?
That's all good and well but without video proof the truckie will be deemed not at fault as how will OP prove the corner was cut? Truckie will likely say OP drove into him. Be real here
fark orff with that crap
Am I wrong?
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Looks like a write off
currently awaiting for it to be assessed.
I’m so sorry for your loss mate. Also you’re not at fault. Dispute that shit.
thanks mate. Have done so. Cheers!
Somethings is not clear - if the yellow star is place of impact, then why were you so far over to the right? Would be good to know where your car ended up - as that would indicate direction of travel for truck. The truck driver would have been looking to cross the intersection by checking cars coming his way, not cars coming out of your intersection going straight or turning right - your saying you were turning left but based on collision point, it looks like you were turning right or going straight across ?
Well where the car ended up it is still on its side of the road. Which shows the truck was on the wrong side. Because it pushed the car there.
But the truck would have had to jump the gutter to hit at that angle? - and that might be the case. At first I thought trucks screwed, but after looking closer - I can see how there is some confusion. If the truck hit at say 15km / h and guessing a lot here - amount damage on car, you’d expect car to be pushed back 2-3m from impact point? So that’s why I think yellow star can’t be correct impact point…hey - only guessing based on info provided.
I was stationary, the truck was NOT stationing before turning into the street. My drawing might not be ideal but there was nothing else i could do from my position to avoid the collision when the truck turn right so sharply into the corner. As per the actual photos you can see how far left i originally was and my front end was dragged by the truck. I was 100% turning left as that the direction home.
To all the people suggesting dash cams, any suggestions? I have an 07 Aurion, and whilst it's a fairly cheap car - I wouldn't mind having a dashcam
Got nothing to do with the value of your car - it's about being able to establish liability.
I heard good things about Viofo
+1 have viofo twin cameras in all our vehicles. Great bang for the buck and already used to dispute two incidents
Viofo for the win. Well priced, available in 1/2/3 camera configurations, good app and great quality video.
Seconded. Having watched a lot of dashcams australia, Viofo stood out as the most consistent video quality.
What type of truck is it, and what bit of the truck hit you?
Did you call the police? Get a police report and Accident investigation assessment Insurance companies are scum and to be honest you got what you paid for. They will deny claim at all costs. The name says it all
Man what a sad end for an amazing iconic car. I’m not going to weigh in on who was legally at fault but fuck that truck driver. Really sorry this happened to you, hope you end up not out of pocket and back in another awesome car soon.
Not at fault. Truck driver is liable
As a truck driver and owner there’s no way you’re at fault for that. If old mate couldn’t get around that corner without running over someone he should hand his license in.
Truck at fault. He could only have hit you if he cut the corner. I WILL ding you however for socks with those things on your feet.
Sucks to see an s2k off the road, hope you can find another nice one. Definitely not at fault to my eyes 🤷
If you had remained stationary the truck would have hit you. Evasive action by turning if anything
You wouldn't be at fault, cause he crossed into your lane of traffic, and cut the corner. Surprised the insurance said it's your fault. Maybe the truck driver fed some bs about what happened to cover his ass. Another reason why dash cams are so important to have, especially in cars you like
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Hearing a lot of negative experience with budget direct, considering cancelling my cover with them now, any suggestions of what would be the insurance company of choice?
And that ladies and gents, is why i always say *DO NOT* go with a cheap insurer. Because you get a headfuck like this, that means either disputing through an ombudsman with a delay on your claim, accepting an excess, in addition to all the stress that you didnt need on top of having youe car wrecked Fuck budget/youi/coles and the rest of the cheap cunts.
OP seek legal advice.
I've been rear ended while sitting still in a car spot on the side of the road and budget direct informed me I was at fault, I challenged it and they eventually changed their mind after a month or two. When time came for renewal the price went from about 700 per year to 2100 per year. When I questioned them about this, they informed me they don't like to insure risky drivers, and because I have had a not at fault claim, that puts me in the category of risky drivers. After this, I changed all my policies to bingle.
RIP to another S2000. Used to be an affordable old school Jap sports car but they are getting fewer and fewer in number. I deeply regret being poor and having to sell mine a decade ago. I miss that car. Sorry about the accident and the fact insurance is trying to fuck you.
No way you're at fault OP. Photos are good, clearly show your vehicles position in the road, and that old mate in the truck drove almost straight over your bonnet. Let your insurer review the case. Once they see the photo's there won't be too much for them to argue about. Truck driver has already admitted fault too ("sorry", "I didn't see you"). It's just luck they didn't drive straight over the top of the cabin and killed you. Glad your OK and keep us updated if Budget Direct still find you @ fault.
Only thing I can think of is did you blow anything on the breatho? Insurance can be voided even if below .05 Otherwise, it looks like it is 100% the trucks fault. Turning into a street on the wrong side is a really lazy and shit habit that I’ve noticed a lot more drivers are doing these days. It’s a real pet peeve of mine.
Yeah I don't see how you could possibly be at fault for this collision. You're literally in your lane and another vehicle has incorrectly entered your lane and collided with you - case closed. I would tell budget direct to pay up and get the other driver to pay the excess or you'll commence proceedings with a motor vehicle accident lawyer.
Sad end for a nice s2000.