Small Prang - Whos legally at fault?

[Hybrid34]

Hi All,

Had a small accident today, near the scoresby bunnings on ferntree gully road.

Info:
- I was travelling straight on ferntreegully road towards bunnings (coming from stud road)
- Other car was turning right from Oconner road across ferntreegully into the median to go up FTG Rd - towards stud.

- I indicated just before Oconner to turn left into bunnings (as theres 20M between Oconner and the Bunnings entry)

- She Assumed I was going to turn left into oconner and shot out



She's saying its my fault because she thought I was going into Oconner rd


I must admit, I have seen something on vicroads stating indicating to early can cause confusion. However pulling out into on coming traffic and not giving way to vehicles to the right at a give way sign should over rule?

[Phoenix]

I'd suggest her fault due to failure to give way. I'd give your local cop shop a call though to find out for sure.

[Pub247]

shes at fault doesnt matter whether you indicated or not she failed to give way to traffic on the road. Surely by the speed your travelling that you never intended to enter that street.

[ed40]

its her fault mate 100%
failure to give way to the right.

Its good though if she is sticking to her guns it will be easy for the cops to charge her.

[Sunboost]

It would still be classed as fail to give way from my VicRoads memory. I'd be hitting up a cop shop too, should have been the first point of call!

[Commando]

It's only your fault if she's hot.

[nothin suss]

I had the exact same thing happen years ago.
She didn't admit fault in person but after I drew a diagram for the insurance people when the claim was submitted they worked it out from their end.

[Raptor]

Legally she may be at fault as its a give way but I say you're clearly to blame.

What sort of an idiot indicates before an intersection if they are not intending to turn into it. Of course that causes confusion when you continue straight ahead. If there was still 20m after the intersection you should have waited to indicate until you were adjacent to the intersection to avoid confusion.

Common sense I'm my opinion.

[t1MMy]

She's at fault. Fail to give way, regardless if you had indicator on or not.

It'll cost her $258 and 3 points.

[SnipeZ]

People just need to stop being impatient cocks. 5 extra seconds isn't going to ruin someone's life.

She's at fault. happened to my wife. Guy pulled out in front of her same sort of circumstances. Both said it was each others fault.
Drew a picture of the incident and was found to be his fault.

Then he changed his story and it still ended up being his fault.

[Staff]

She is 100 liable.

If you assume you will crash.
She assumed!

[Hybrid34]

Thanks all for the info, I went to the Cop shop and showed them the diagrams and pictures, they said 100% her fault on two things

- Failing to give way to the right
- Failing to avoid a collision
and that she presumed I was turning left into the street.

Cop gave the example of, someone walking across an intersection when its just turned red...doesn't mean you can run them over.

Raptor, I see where your coming from however the distance between Oconner and Bunnings turn off is literately 20m, Travelling at 80km and slowing down darting off the road, and failing to indicate long enough to warn others is an offence.

A shittty situation, still waiting on both insurance companies to get back to me.

Cheers,
Ash