QLD Car Accident by Overtaking Car - Who's at Fault?

[Ethen J]

I was making a right turn, I was towards the centre of the road with my indicator on. There was no oncoming traffic, so I proceeded to make the turn when a van coming from behind, with no indication, swerved onto the opposite side of the road and turned back in hitting the front of my car.

My CTP is only injury cover so their car insurance is after me saying I am at fault for the car accident!
Who is at fault here?

 

[Rod]

Hard to know as 'fault' may depend on other unmentioned factors, however based on your description it would seem the other party is at fault. Was anyone injured in the crash? Is there a police report of the accident?

Insurance company is probably trying to bluff you into paying because they know they are not dealing with another insurance company.

Suggest you write a well worded letter back denying responsibility and seeking recovery of repairs to your vehicle and that you continue to reserve all your rights. Might want to throw a paragraph in there that if it goes to court you will be seeking costs and interest on monies owed to you.

 

[Sarah J]

I agree with Rod, it is difficult to find out who is at fault. Oftentimes, it is not an absolute one party is at fault and the other isn't. It is usually an apportionment of responsibility.

Try and obtain:

- Police report of the incident
- Mechanic/service reports
- Insurance reports
- Witness statements (if any)
- Medical reports (if any)

Since the other car hit the back of your car, the presumption is that they are at fault because they hit you from behind. However, given that this is not a straight and clearcut back-hitting-front incident, you may bear some responsibility.

 

[Ethen J]

I also had another person in the car who witnessed everything, would that help? Their was no injury and no police report and because i only have ctp there was nothing they could do. How do i go about getting a well worded letter as im not the best for this.

 

[Sarah J]

Yes, the other person can make a statement as to what they perceived to be happened that day. As for the letter, you can ask a lawyer to draft one up or a friend/associate with good command of English. But probably best to have a lawyer draft it as they are better placed to know what should go in the content.

 

[Ethen J]

I agree with Rod, it is difficult to find out who is at fault. Oftentimes, it is not an absolute one party is at fault and the other isn't. It is usually an apportionment of responsibility.

Try and obtain:

- Police report of the incident
- Mechanic/service reports
- Insurance reports
- Witness statements (if any)
- Medical reports (if any)

Since the other car hit the back of your car, the presumption is that they are at fault because they hit you from behind. However, given that this is not a straight and clearcut back-hitting-front incident, you may bear some responsibility.

It was the front right end of my car that was hit as i was turning. The other driver claimed he was swering but had no need to swerve to the right witch was on the opposite side of the road, their was plenty if room on the left.

 

[Ethen J]

Yes, the other person can make a statement as to what they perceived to be happened that day. As for the letter, you can ask a lawyer to draft one up or a friend/associate with good command of English. But probably best to have a lawyer draft it as they are better placed to know what should go in the content.

May i ask the costing of a letter by lawyer as im not greatly funded at the moment?

 

[Sarah J]

I am unfamiliar with this. You would be best to ask around and enquire. Lawyers charge on different basis. It could be a fixed cost or on a time basis. It would also depend on how difficult (or straight forward) your situation is. I also suggest speaking with your community legal centre about this.

 

[Phildo]

I was making a right turn, I was towards the centre of the road with my indicator on. There was no oncoming traffic, so I proceeded to make the turn when a van coming from behind, with no indication, swerved onto the opposite side of the road and turned back in hitting the front of my car.

I would regard this as entirely the fault of the van driver.

It is illegal to overtake a vehicle on it's right side when turning right. It is legal to overtake such a vehicle on its left.

Make a police report, including the witness details.

As you state, you had positioned your car in the centre of the road, so that would have allowed for the van to have overtaken you on your left.