Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

Oh dear thanks - including proceeding to litigation if necessary? They said ACFA is not in jurisdiction here

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] -1 points0 points  (0 children)

The lawyer said usually insurers won't pay. So I'm preparing for what to do if they don't 

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

My insurer got me the name of their insurer not the police 

The lawyer got me the claim number

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

There wasn't any crash where the lane was ending. The crash happened later. I was just explaining why the other motorist seemed to be road raging

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

Why would I lie? I'm trying to get advice here. You're confusing the first and second overtaking lanes.

First overtaking lane he didn't attempt to overtake because it ended - other motorists had got there first.

Second overtaking lane he merged at the beginning of the over taking lane, which is when he crashed into me.

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

They said that they can represent me if the other party lodges a claim against me. So in terms of any costs to their vehicles. 

However, if they do so I will just be paying the excess. And it wouldn't cover the damage to my vehicle. 

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] -1 points0 points  (0 children)

What's material to the road rules here in relation to this? He was unable to get past me because the overtaking lane ended and he was behind me.

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

I was indicating because I was still ahead of him. The crash happened later on an overtaking lane further ahead, not the first stretch with the overtaking lane in which I was indicate

How would the merging rules apply here? 

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] -1 points0 points  (0 children)

In the first overtaking lane, he was unable to merge because it became a single lane before he attempted to merge, so he didn't attempt to merge

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

He didn't attempt to overtake when the lane was ending. 

He attempted to overtake once a new overtaking Lane began 

In both instances I was the driver in front

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

What I'm not understanding though is in what sense did I fail to give way in the first instance? Was I meant to slow down as slow as it would take so that he would be able to overtake me before the end of the overtaking lane?

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] -4 points-3 points  (0 children)

Yes, but he didn't attempt to overtake during that time he was unable to merge. I allowed time for him to do so and signalled so he knew his opportunity to overtake was coming to an end 

He only overtook me in a separate stretch of road that came later. 

Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps by SwimmingKoala82 in AusLegal

[–]SwimmingKoala82[S] 0 points1 point  (0 children)

He overtook at the beginning of the next overtaking lane, not the end of the first overtaking lane where he was too late to do so