Get legal advice - messdeck law never sticks in court.

Yes I am back too

Hooroo

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Rob Forsyth
Miniot!!

Present your case to a law firm specialised in motor accidents and they'll cream themselves and probably offer 'no win no fee', its that much of a dead set giveaway. They'll cream themselves, especially when you get some cctv footge, when it shows you turning after yellow and her flooring it, she'll be done before she can blink.

Am pretty sure that intersection has red light cameras on it.

Normally you'll be hard pushed to obtain red light camera or CCTV footage though....

Normally the process involves having to pay for a copy of the police report and lenghty delays. I'm still waiting on one from about 3 months ago...

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the insurance company who came over to make an assessment said he knew someone who'd be keen to purchase the "wreck" if i wanted.

are you kidding mate! I don't want to get rid of it!!

Highly unprofessional ....

If they try and write it off write a letter to your insurer explaining you are concerned it was only written off for their assesor to buy it cheap for his friend . Should encourage them to be fair .

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No offence but I doubt any one of the people giving the legal advice here actually have any legal training. She will claim that she did not feel that she could safely come to a halt at the yellow light. She will highlight the fact that she was not exceeding the speed limit nor was she crossing at the red light (easy to prove if there was a red light camera). He on the other hand, she might claim, entered an intersection when it was unsafe to do so, failed to give way to a vehicle to his right (a basic premise of our road rules) and unsafely turned right across the path of an oncoming vehicle with a right of way.
To enter an intersection when waiting to turn right might not be illegal but its not a right either if you can't finish your turn in a safe manner.

Doesn't mean that Aussie was in the wrong necessarily, but also means that no lawyers will be "creaming themselves" to quote the gentleman, any time soon.

I failed my first P plate driving test for this very reason. I entered an intersection to turn right and was forced to turn just when lights went red. It seems to be a bit of a problematic part of driving law.

I am sorry to see what happened to your beautiful mini. Have a chat to an actual lawyer if you feel you need to and best of luck with the repairs

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Thats weird, because my mate failed his test because he entered the intersection to turn right, the light went red so he stopped and waited. And then was told to go through by the examiner. Guess it all depends on luck.

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Simplify and add lightness

Just because the light is AMBER, doesn't mean he suddenly has the right of way.

I feel you pain, but i am thinking you have slim chance of her paying up. At the end of the day, it is up to the insurance companies to decide. Let them deal with it and you just worry about getting that car back up and running.

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Wise words Cush.

Its not about how you leave the intersection but about how you enter it. You must remain stationary at the stop line until it is safe to proceed. If you start moving, reach the intersection and then make a safe right turn then it was safe to proceed. If you start moving and you don't make a safe turn then it wasn't safe to proceed and you shouldn't have moved at all past the stop line.

AND just to save Aussie from bullshit advice are some excerpts from the Australian Road Rules (available http://www.ntc.gov.au/filemedia/Reports/ARR_February_2009_final.pdf)"

Rule 61: Proceeding when traffic lights or arrows at an
intersection change to yellow or red
(1) This rule applies to:
(a) a driver at an intersection with traffic lights showing a
green traffic light who has stopped after the stop line,
stop here on red signal sign, or nearest or only traffic
lights, at the intersection and is not making a hook turn
at the intersection; or
(b) a driver at an intersection with traffic arrows showing a
green traffic arrow who is turning in the direction
indicated by the arrow and has stopped after the stop
line, stop here on red arrow sign, or nearest or only
traffic arrows, at the intersection.
Example
A driver may stop after the stop line at an intersection with traffic lights
showing a green traffic light, and not proceed through the intersection,
because traffic is congested.
Note 1 Green traffic arrow, green traffic light, intersection and stop
line are defined in the dictionary.
Note 2 Hook turns are dealt with in rules 34 and 35.
(2) If the traffic lights or traffic arrows (as the case may be)
change to yellow or red while the driver is stopped and the
driver has not entered the intersection, the driver must not
enter the intersection.
Offence provision.

AND

rule 62: Giving way when turning at an intersection with
traffic lights
(1) A driver turning at an intersection with traffic lights must
give way to:
...
(c) if the driver is turning right — any oncoming vehicle
that is going straight ahead or turning left at the
intersection (except a vehicle turning left using a slip
lane).
Offence provision.

So Aussie, I guess you were at fault.

okay so it turns out:

he worked out the market value of my car to be $4650
15% of that 697.50.
minus the salvage value of the vehicle of $425 bucks

leaves me with only $272.50 compensation for the 15% that the chick was in the wrong - minus the 1k excess which leaves me with paying $727.50 + the repairs on my car.

looks like a lot of not spending money and a lot more work for me

I feel for ya. My wife was rear-ended and it took 2 years and in the end our insurer got bored and agreed to a 50/50 settlement. Th eonly other option was to go to court which would have cost more than our out of pocket cost anyway.

PS. That last post confused me. (but these things normally do...)

Why do you have to pay $1k excess when the car's not being fixed? My head hurts

because if you're at fault then your insurance pays to repair the other car.