Accident

[Arthanon]

SO there I was, going home from work....

Gave way at a round about.... no cars coming, started to go through.

And what come screaming in from my right? BOOM!

Clips the back rear corner of the Caldina.

$4K worth of damage... maybe more if the strut is bent.

TO make it worse, teh other party is un-warranted, un-registered and un-insured.

[gurutasker]

Was the person speeing or something?
Which round-about?

[Leon]

[confused]

If there wasn't anyone coming to give way to ... how did you get hit on the back right (you say back rear, but am guessing back right) corner of the car? Or were you on the roundabout, and they came smoking in from the next exit of the roundabout and clean you out? But that would have hit you back left?

Got drawing?

[/confused]

[eritate]

Caldina - Blue car

other car - orange

Caldina slow to pull out of giveway sign.... Other car comes screaming through. and takes out the back right corner ?



Mike

[eritate]

Then again you say there was no one to give way to ???

So unless....

[gurutasker]

or:



???

[eritate]

If the caldina in that is blue... and the other car is orange

then he would be getting hit in his left corner.... i did hte pics for the right corner


Mike

[Arthanon]

Other car was speeding, didnt even slow at the give way sign.

I was halfway through the round about (2 lane roundabout crnr parkway road and wellington road, Wainuiomata)

He was basically going through the middle of both lanes.

Will get a picture...

[Arthanon]

Caldina - Blue car

other car - orange

Caldina slow to pull out of giveway sign.... Other car comes screaming through. and takes out the back right corner ?



Mike

[eritate]

Ahh well. They always say if you get hit in your drivers side your in the wrong. but in this case the other guys are definately in the wrong


Just make sure that they end up drip feeding the courts the money and you get the payout instead of you getting drip fed the money at like $5 a week.




Mike

[Leon]

actually, be very careful here ... it can also be interpreted as "you didn't look, and pulled out in front of him" So don't go charging into anything, especially if the other person decides to lawyer up.

I'm not saying "that's how it is" I am just saying "that's how it could be interpreted". Because if he is on the roundabout, he has right of way, and you have to give way to him. So be careful.

[Arthanon]

His car is un-warrented and un-registered.
So I cant see him gettin a lawyer.

He would ahve to have been in the middle of 2 lanes to hit me where he did.

If it had been in front of the passangers door, it would have been me being careless.

[eritate]

Also he shouldnt have been going so fast that he was unable to come to a complete safe stop. Where obviously he didnt

Just document everything mate. You'll be sweet as

Mike

[B1NZ]

Leon is right, generally if your hit on the right hand side at a roundabout your in the wrong, Hopefully you had the commonsense to call the police straight away and get an accident report.
Otherwise it may come back and bite you, It doesnt matter if the car was unWOF'd or un REGO'd if it hits your RH side at a roundabout you are in the wrong, they will still get the book thrown at them for the obvious offences.

If a cop turns up and fills out an acciedent report they may be able to see that the guy was speeding and note it down, The biggest problem I can see for you is it going to the small claims court, Something similar happened to me, the mediator had no idea about cars and because the other guy was older and I was obviously a boyracer cos I was young they found me at fault



good luck, hope it pans out allright

[Loudtoy]

Leon is right, generally if your hit on the right hand side at a roundabout your in the wrong, Hopefully you had the commonsense to call the police straight away and get an accident report.
Otherwise it may come back and bite you, It doesnt matter if the car was unWOF'd or un REGO'd if it hits your RH side at a roundabout you are in the wrong, they will still get the book thrown at them for the obvious offences.

If a cop turns up and fills out an acciedent report they may be able to see that the guy was speeding and note it down, The biggest problem I can see for you is it going to the small claims court, Something similar happened to me, the mediator had no idea about cars and because the other guy was older and I was obviously a boyracer cos I was young they found me at fault



good luck, hope it pans out allright

Even tho you were in a diesel staion wagon and the other guy was on the wrong side of the road aye. Sometimes it's doesn't matter how in the right you are it just ends up being your fault.
If he was changing lanes then it's his fault, if he was in the inside lane moving to the outside lane to go straight for instance. And lastly he was driving in a manner as to be unable to stop in half the visible distance of road in front of him, specially bad at a roundabout. I think you should win this one at small claims, but to be sure i'd tell your insurance co about it and see what they recomend.

[itsamirage]

Something similar happened to me, the mediator had no idea about cars and because the other guy was older and I was obviously a boyracer cos I was young they found me at fault

Same , stupid bitch was in the middle of the road on a blind corner 1 laned road, but i couldnt stop in time to not hit her so my fault, my car was half in a ditch from how i swereved but she was like 50 so def my fault - good luck tho mate an un reg n un wof car def plays into your hands

[B1NZ]

Same , stupid bitch was in the middle of the road on a blind corner 1 laned road, but i couldnt stop in time to not hit her so my fault, my car was half in a ditch from how i swereved but she was like 50 so def my fault - good luck tho mate an un reg n un wof car def plays into your hands

haha, that must be the standard default "you're young so its obviously your fault" excuse, They said I didnt stop in half the distance visible although I had, Apparently he did even though he was driving a Hilux with a huge tandem trailer on it driving on gravel, i had 2 other witnesses but apparently it doesnt count for anything

[itsamirage]

haha, that must be the standard default "you're young so its obviously your fault" excuse, They said I didnt stop in half the distance visible although I had, Apparently he did even though he was driving a Hilux with a huge tandem trailer on it driving on gravel, i had 2 other witnesses but apparently it doesnt count for anything

Pretty much yup, I had our brand new digital cam in the car and took heaps of photos which I showed the mediator, this one shows where i was on the road when we hit but still didnt matter - I hate old people drivers, I wasnt even driving stupidly infact it was pissin down so I was goin slow as fuk due to not wanting to crash, in her statement I was "sideways across the road in rally driver fashion" thanks for the compliment lady but stop lying , oh well I hope when we are old and cause accidents we get away with it too
http://img216.imageshack.us/img216/8032/p1010001bz4.jpg

hope it all works out for ya dude, take all the evidence you can tho yu'll need it unfortunatley

[Gadget]

Sure is an interesting one... RHS of car... failing to give way... but rear right, he'd have had to be going pretty quick to not be able to stop... being able to see a whole caldina on the roundabout!

Tough thing is, (as other people have outlined) unless you can prove that he was speeding - the other obvious cause is you failing to give way (not saying that that was the case or anything, just looking at it from a legal POV).

I could also, very well be wrong

[Arthanon]

Interesting Comments.

I dont see how it is failing to give way, as my entire car was already most of the way through the intersection.

It is a two lanned roundabout, and he would have had to have been going through the middle of both to hit the back of my car.

(Right at the rear, bordering on taking the bumper off instead of hitting the panel.)

Most people I have talked to about it, are pretty sure he is at fault, including my insurance company.

I did make a police report, but they weren't really interested, as no one was injured.

" You two have swapped details, so it is out of our hands" was the answer I got.

He would have to have been doing at least 50km/h to do the damage he did.

The claim has been accepted buy my insurance company. So we'll see what happens.

As far as I am concerned, I am not at fault.

And if he had hit me in front of the rear door, I would have said it was my fault. But right at the rear of the car says to me that he was speeding through the intersection.