that is not what Pamela Anderson thought.

This is right, NEVER admit you were in the wrong, whether you were or not.

Let your insurance company make the claim, they have an interest in letting her insurance company make the payouts and not yours.

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Aussie Leyland, Aussie Factory, Aussie Mini S.

my insurance company said they will look into it for me to see if, perhaps she was a certain percent in the wrong too or something. see what happens

nup - force the issue - if she sped up to make it through the amber then she's broken the law and her insurance is probably void because of it.

Get some proper legal advice, did you get a witness?

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did I tell you that I won a trophy?

Ummmmm thats what the amber is there for sometimes...to get you out of a no-win situation....I have "sped-up" thousands of times over the years. You are supposed to Stop if at all possible, however, if it would cause an accident or leave you stopped half-way across the intersection ...then it is better to use the Amber period as it is intended.

Did you really mean that it was necessarily illegal Syme??

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"Show me the Mini!"

welll.... I guess it depends on the circumstances and Aussie is going to have to figure out for himself "how orange" it was - if she could have stopped, but sped up instead, then yeah, I maintain that she broke the law - but I wasn't there was I.... like you say, there could have been a truck up her arse pushing her through... The way I see it, if she had time to hit the accelerator, she probably had time to hit the brake as well

On the occasion where you (and I have done too) have accelerated to get through an orange, have you done it when there were cars waiting to turn right, or when the road has been clear and it was "safe" to do so? When I do it, I don't think there's been an occasion where there was danger of someone turning right running in to me

if it was me, I'd go for the jugular...

my dad drives public transport buses in Ballarat, one time he was turning right in the bus and had waited for the cars to come through, the light turned amber and there was a car coming which should have had time to stop, dad started to move, but the car kept coming, it locked up it's brakes and slid into the bus. The unmarked police car that had stopped for the same amber light sent Dad on his way, and said "I'll take care of this guy"

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did I tell you that I won a trophy?

okay so had a call back from the insurance company today.

they said after looking at the incident, they believe that she was partially in the wrong, as was I.

They put a figure of 85% to 15% on it.

So She only gets 85 percent of the insurance money, i still pay the 1k excess, and i get 15 percent of the cost of my repairs.


It's still a lot of cash for me out of the pocket, but its better than nothing.


Do you think because they have partially blamed her, there is a chance that i may be able to stretch the percentages out?, or I should be lucky with what they have offered?

were you turning right on a green arrow? or was it just a green light?

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1975 Leyland Mini: 1060cc - resto/ ex-hsc project.

http://www.legislation.sa.gov.au/lz/c/r ... 126.un.pdf

Page 79 Rule 57(1) and 61(2) is what you're looking for.

57(1) Failing to stop for yellow traffic light

61(2) Failing to stop at intersection when traffic lights or arrows change to yellow or red

Also, rule 61(5) states that 'Failing to leave intersection when traffic lights or arrows change to yellow or red' is an 'offence against Australian Road Rules', therefore, one can assume tha if you are IN the intersection when the light changes, you are permitted to continue through after the lights change to amber or red.

The only rule which might get you is this one:

62 Failing to give way when turning at intersection with traffic lights

Although, if anyone tries to pull that one, you whip out 57(1) and say she had to legally STOP at the yellow (not accelerate to pass through) and that as you were inside the intersection WHEN THE LIGHTS CHANGED you were legally allowed to continue through the intersection.

Might be too late but worth putting that forwards to your insurance company, might get more than 15%.

just from another section of legislation stating fines for offences also page 79

http://www.legislation.sa.gov.au/lz/c/r ... 126.un.pdf

57(1) Failing to stop for yellow traffic light $320

Also shows she was in the wrong by not stopping for the yellow light (if you can prove this you may get her hit with a fine, and also screw her insurance up big time)

Hope you get the win with the insurance company, you were in the right of that I am sure, every bit of legislation shows you were, and the insurance company wouldn't have gone searching for the clauses too feverently.

nice work Matt - that's my point.... get proper legal advice and I bet it won't cost you a cent

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did I tell you that I won a trophy?

Normally they will say you are automatically 10% at fault for just being on the road...

It sounds like you don't have comp cover so it may be worth pushing them a bit further - it won't hurt to ask the question at least.

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just got off the phone to a legal line.

they said they'd recommend contacting the department of transport to see if it was a red she traveled through, or any camera footage.

and then she goes on talking about a barometer of liability based on some guideline book with a series of pictures that insurance companies have which is based on negligence etc.

and to see how much she is claiming, to perhaps cut a deal with her etc.

See what happens i guess :s

did you run her in the side, or was it a head on collision? anyway, I'm sure that if you can get some CCTV footage of the incident, you will be put 100% in the clear. May i ask which intersection it was?

yea pretty much in the front of her car.

Corner North Terrace and Frome Rd