NSW Car Accident Caused by Lack of Road Signs?

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Raec

Member
30 July 2018
2
0
1
I hired a car from a rental car company, and I had a car accident when I drive to hunter valley garden. It was a single accident. I was driving toward north and needed to turn left. Before I turned left, I have prepared reduce speed, but there was not any road sign to notice it was a sharp turn, because it was my first time drive to there.

I did not know the road, when I realized it was a sharp turn. I have been the brakes, but it was too late and I hit the reverse guardrails. Fortunately, no one injured and no other vehicles damaged. I contacted with the car rental company for the first time. After confirming the car had no engine problem and it could still drive, I took some photos of the car and the damaged guardrail. I also confirmed with the staff that I did not need to call police, then I drove the car back.

The next day morning, I went to the office to deal with accident problems. The staff told me that they would report the accident to the police and I needed to pay the bill to repair the damaged guardrails, and I filled a form to describe the accident, because it was 15 or 16 hours after the accident.

I was still in a state of tension, when she asked me who the fault of this accident was. My answer was me, and I signed on that form. But when I went back home, I realized that I was wrong, and I did not mention to the staff there was no road sign, so I contacted with the office again and sent them an email describing the details and attached a satellite map of the road, and stated that I can't admit that all the faults of this accident were all because of me.

I can guarantee that I didn't speed or drive illegally. The reason for the accident was that I could not realize that it was a sharp turn, because there is no sign on the road. After this left turn, the two roads are parallel, so you can imagine what kind of sharp turn it is. I started to slow down before turning left, but when the left turn occurred, my speed was still too fast for a sharp turn, which caused the accident. But the main reason is the lack of road signs on the road.

My question is, do I need to take full liability to pay the bill to repair the guardrails?
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
I think it it will fall on you regardless of the raod sign or not, the driver has to be aware of the surroundings and be careful. I may be wrong, but from my experience, the insurance will consider at fault if the insuree can not provide a third party to claim from. My experience is that one night my vehicle was broken into, not my fault at all, as I was not able to identify who did it, it was considered at fault and I paid the excess.

I am sure you are aware that the rental company sell extra insurance to add additional cover, example is decreasing the value of the excess etc. Depending on your agreement, you will be liable, as I understand usually the excess (without added extra fees) ranges from $3k to $4k and it will whether the guardrails will be covered in the insurance, read your rental agreement, it should state that. Sorry to give you that bad news. I maybe wrong, I'm sure someone will correct me if I am.
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
Wow that is a horrid turn to have no markings. Even the yellow arrow signs are pretty lacklustre.

You're not going to get out of paying for the damage to the vehicle. Regarding the guard rail surely NSW does not actually bill someone for that?

The problem is you were driving on long and boring roads. Your concentration likely lapsed like it does to everyone who does long and boring roads. Roads has done a terrible job on that bend but unfortunately I doubt you can do much.
 

Scruff

Well-Known Member
25 July 2018
925
135
2,389
NSW
My question is, do I need to take full liability to pay the bill to repair the guardrails?
I wouldn't worry about that unless you receive a claim from whatever authority is responsible for the rails. That has nothing to do with the car or the rental company.

As for signage, I reckon that's a valid argument if the accident happened at night. There is no warning of the "u-turn" type intersection until you actually turn in, which is extremely reckless considering that Wine Country has a 90km speed limit.

On top of that, the only street light in the area is on the north side of the intersection - not the south side where the road bends back to. That's just stupidity.

Sure, some people will say you should have slowed down more, but a turn like that requires extra care and there's simply no warning of it.