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24 replies to this topic | 49 praises

#1

Posted 22 January 2016 - 11:32 PM

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Hi,

Had a conflicting opinion with one of my friends and i hope someone with similar experience can clarify.

This is the situation.

*The round about is only 1 lane. not 2 or 3 lanes.*

 

  • Car A is at the small road entering the round about. Car B is at the round about but at a distance away. 
  • Car A entered the round about (entire car in the lane) when Car B is approaching. Car B then cut in from the right to overtake Car A causing Car A to bang/"bua" the side door towards the rear bumper of Car B.

Whose fault is it?

IMO, it's car B. or 50-50. But a friend of mine insisted it's car A and that i should retake my BTT as car B has the right of way. I agree car B has the right of way but right of way doesn't give the green light to bang someone right? In this instance, what is the likely result of the insurance claim? My stand was 50-50. But again, my friend stated 100% fault on Car A. Would be good if i learnt something from someone that has experienced this.

TIA  [flowerface]



#2

Posted 22 January 2016 - 11:48 PM

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Hi,

Had a conflicting opinion with one of my friends and i hope someone with similar experience can clarify.

This is the situation.

*The round about is only 1 lane. not 2 or 3 lanes.*

 

  • Car A is at the small road entering the round about. Car B is at the round about but at a distance away. 
  • Car A entered the round about (entire car in the lane) when Car B is approaching. Car B then cut in from the right to overtake Car A causing Car A to bang/"bua" the side door towards the rear bumper of Car B.

Whose fault is it?

IMO, it's car B. or 50-50. But a friend of mine insisted it's car A and that i should retake my BTT as car B has the right of way. I agree car B has the right of way but right of way doesn't give the green light to bang someone right? In this instance, what is the likely result of the insurance claim? My stand was 50-50. But again, my friend stated 100% fault on Car A. Would be good if i learnt something from someone that has experienced this.

TIA  [flowerface]

 

Your friend should straight away cut their licence in half and stop driving. If you are attempting to change lane and knock into somebody else you are most likely 100% at fault. Else people would go around knocking into other people and attempting to claim insurance from them.



#3

Posted 22 January 2016 - 11:50 PM

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My instinct would be to say that car A would be the majority at fault. 

 

Basic rule of roundabouts is that you must give way to any car already inside the roundabout. 

 

I don't see it as significant that "whole car in lane" - Car A didn't give way, simple as that, he should not be relying on Car B to slow down to make his own driving safe. 

 

Of course, having said this - if there car cam evidence that Car B was driving badly, the outcome may be very different


Your friend should straight away cut their licence in half and stop driving. If you are attempting to change lane and knock into somebody else you are most likely 100% at fault. Else people would go around knocking into other people and attempting to claim insurance from them.

Where got changing lane?  Is a "one lane roundabout" 

 

Car already in the roundabout had to take evasive action due to the car entering the roundabout. 

Car already inside roundabout has right of way. 

Car that didn't give way is at fault. 

 

 

Naturally - if police come and it turns out that car B was driving too fast inside the roundabout, it is a different matter, but that is not the question being asked


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#4

Posted 23 January 2016 - 12:01 AM

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My instinct would be to say that car A would be the majority at fault. 

 

Basic rule of roundabouts is that you must give way to any car already inside the roundabout. 

 

I don't see it as significant that "whole car in lane" - Car A didn't give way, simple as that, he should not be relying on Car B to slow down to make his own driving safe. 

 

Of course, having said this - if there car cam evidence that Car B was driving badly, the outcome may be very different


Where got changing lane?  Is a "one lane roundabout" 

 

Car already in the roundabout had to take evasive action due to the car entering the roundabout. 

Car already inside roundabout has right of way. 

Car that didn't give way is at fault. 

 

 

Naturally - if police come and it turns out that car B was driving too fast inside the roundabout, it is a different matter, but that is not the question being asked

Then again my argument for him was this, "If a car got stuck in the yellow box while doing a right turn (common sight), can the on-coming car from the opposite direction just bang him and claim he has the right of way".  

That being said i understand there are many ways on viewing this incident. But the most important question/answer is, how does insurance view this scenario written at my first post.

Thanks!



#5

Posted 23 January 2016 - 12:06 AM

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Then again my argument for him was this, "If a car got stuck in the yellow box while doing a right turn (common sight), can the on-coming car from the opposite direction just bang him and claim he has the right of way".  

That being said i understand there are many ways on viewing this incident. But the most important question/answer is, how does insurance view this scenario written at my first post.

Thanks!

that's why it's going to depend a lot on whether there is video evidence, or any other evidence of relative speed. 

 

If it is clear that car B "should" have been able to stop - he will likely lose out, regardless of who has the right of way

Same thing - just because someone else is doing something illegal it doesn't change your own responsibility to avoid the accident. 

as If car B "couldn't" reasonably stop in time, and was cutting to the right to avoid an accident, then car A is certainly at fault

 

If there are witnesses that can say Car B was already in the roundabout when Car A entered - I think is all over red rover, as a witness wouldn't be a reliable judge of speed.  

 

At the end of the day also, the insurance company might not care to "fight it out" but might just say 50/50 to avoid any expensive battles


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#6

Posted 23 January 2016 - 12:14 AM

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My instinct would be to say that car A would be the majority at fault. 

 

Basic rule of roundabouts is that you must give way to any car already inside the roundabout. 

 

I don't see it as significant that "whole car in lane" - Car A didn't give way, simple as that, he should not be relying on Car B to slow down to make his own driving safe. 

 

Of course, having said this - if there car cam evidence that Car B was driving badly, the outcome may be very different


Where got changing lane?  Is a "one lane roundabout" 

 

Car already in the roundabout had to take evasive action due to the car entering the roundabout. 

Car already inside roundabout has right of way. 

Car that didn't give way is at fault. 

 

 

Naturally - if police come and it turns out that car B was driving too fast inside the roundabout, it is a different matter, but that is not the question being asked

 

Perhaps I understood the situation wrongly. I thought Car A was already inside, then B came from the back and wanted to overtake and knocked into A.

 

If the situation is so complicated, easy way out is 50-50. Insurers are also human, they are not judges. They will take the easy way out if possible.


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#7

Posted 23 January 2016 - 12:23 AM

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Perhaps I understood the situation wrongly. I thought Car A was already inside, then B came from the back and wanted to overtake and knocked into A.

 

If the situation is so complicated, easy way out is 50-50. Insurers are also human, they are not judges. They will take the easy way out if possible.

Correct and wrong. haha.

Car A was already inside the roundabout when the incident happen. However, distance between both car is unknown (ignoring distance in this situation). Car B overtook and Car A "bua" the side of car B. 

Yes, i also agree the likely scenario is 50-50. But my friend insisted on Car A being 100% at fault falling on the theory of right of way. Which lead to a heated argument and the retaking of BTT comment. 

 



#8

Posted 23 January 2016 - 12:26 AM

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Correct and wrong. haha.

Car A was already inside the roundabout when the incident happen. However, distance between both car is unknown (ignoring distance in this situation). Car B overtook and Car A "bua" the side of car B. 

Yes, i also agree the likely scenario is 50-50. But my friend insisted on Car A being 100% at fault falling on the theory of right of way. Which lead to a heated argument and the retaking of BTT comment. 

 

I think this is viewed as an insurance scam in the US - called somthing like duck and squat or something - swerve in front of a faster moving car and hit the brakes


Behold the tortoise! He only makes progress when he sticks his neck out.
All that's required for evil to triumph is that good men do nothing

#9

Posted 23 January 2016 - 12:26 AM

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I got lost when TS said its a single one lane roundabout yet there can still be overtaking going on. :yeah-im-not-drunk: 


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#10

Posted 23 January 2016 - 12:55 AM

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If the situation is so complicated, easy way out is 50-50. Insurers are also human, they are not judges. They will take the easy way out if possible.

 

 

insurers also like to declare 50-50 bcos this way, both parties lose their NCD [sly]



#11

Posted 23 January 2016 - 09:28 AM

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I got lost when TS said its a single one lane roundabout yet there can still be overtaking going on. :yeah-im-not-drunk:

Exactly....

So if A was already inside, then B came from behind, tried to overtake, and caused A to bua B, then isn't it B's fault?

The roundabout is irrelevant to the question as it is a simple case of B overtake A, A knocked into B.

#12

Posted 23 January 2016 - 09:34 AM

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The one that's in Lane will win. Lawyer told me usually they just consider the circumstances at the moment of impact.

Edited by Chrispie, 23 January 2016 - 09:37 AM.


#13

Posted 23 January 2016 - 09:35 AM

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My instinct would be to say that car A would be the majority at fault.

Basic rule of roundabouts is that you must give way to any car already inside the roundabout.

I don't see it as significant that "whole car in lane" - Car A didn't give way, simple as that, he should not be relying on Car B to slow down to make his own driving safe.

Of course, having said this - if there car cam evidence that Car B was driving badly, the outcome may be very different

Where got changing lane? Is a "one lane roundabout"

Car already in the roundabout had to take evasive action due to the car entering the roundabout.
Car already inside roundabout has right of way.
Car that didn't give way is at fault.


Naturally - if police come and it turns out that car B was driving too fast inside the roundabout, it is a different matter, but that is not the question being asked


Now the problem is not whose fault, but because of everyone keep thinking they have the right of way so don't care bang bang lor it's the other party fault as I have right of way. That's car B mentality. So car B also need to be equally punished, in fact if I am the insurance company, I would place more emphasis that car B is at more fault then car A provided there is video evidence that can prove that can A already in the roundabout and car B just don't care and accelerate.

#14

Posted 23 January 2016 - 02:54 PM

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Hi,

Had a conflicting opinion with one of my friends and i hope someone with similar experience can clarify.

This is the situation.

*The round about is only 1 lane. not 2 or 3 lanes.*

 

  • Car A is at the small road entering the round about. Car B is at the round about but at a distance away. 
  • Car A entered the round about (entire car in the lane) when Car B is approaching. Car B then cut in from the right to overtake Car A causing Car A to bang/"bua" the side door towards the rear bumper of Car B.

Whose fault is it?

IMO, it's car B. or 50-50. But a friend of mine insisted it's car A and that i should retake my BTT as car B has the right of way. I agree car B has the right of way but right of way doesn't give the green light to bang someone right? In this instance, what is the likely result of the insurance claim? My stand was 50-50. But again, my friend stated 100% fault on Car A. Would be good if i learnt something from someone that has experienced this.

TIA  [flowerface]

 

Not sure is this BOLA still applicable.

 

http://www.skauto.co...LAPRACTICES.pdf


Edited by Kiat626, 23 January 2016 - 02:56 PM.

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#15

Posted 23 January 2016 - 03:02 PM

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Not sure is this BOLA still applicable.

 

http://www.skauto.co...LAPRACTICES.pdf

 

If applicable, my understanding is that the scenario described by TS is number 13. That is in line with my initial thought that B is 100% at fault.



#16

Posted 23 January 2016 - 07:03 PM

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Actually it's a mixture of 12 and 13. Wonder how will it conclude then. Great info.

#17

Posted 23 January 2016 - 07:23 PM

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If so confusing - result will be straightforward. 50/50 is easiest way out for insurance.



#18

Posted 23 January 2016 - 10:42 PM

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It depends on how each party reports the incident. Car B can just say Car A entered the roundabout suddenly and he cannot stop in time so had to swerve and try to go past but still hit. Then it all depends on Car A. But Car A probably won't admit/not at fault so end up 50-50?



#19

Posted 03 July 2017 - 04:04 PM

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Guys, my dad's eye was hit by a small debris kicked up by a car while he was waiting to cross the road
He donno the car plate number and does not have any video evidence
I heard that there is a general car insurance body that covers stuff like this
Anyone knows?
Thanks a lot
I brought him to a&e that day
Got referred to eye specialist
Got eye injury

#20

Posted 03 July 2017 - 04:12 PM

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should be under GIA MIB: http://www.gia.org.sg/public_mib.php

 

Guys, my dad's eye was hit by a small debris kicked up by a car while he was waiting to cross the road
He donno the car plate number and does not have any video evidence
I heard that there is a general car insurance body that covers stuff like this
Anyone knows?
Thanks a lot
I brought him to a&e that day
Got referred to eye specialist
Got eye injury

 


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