First crash, I need advice

**iranana** · 6th May 2014, 10:44

Just had my first crash on my way into work this morning and I'm all good (fairly low speed), but not sure about the legalities of it all and I'm just looking for some advice as to who's at fault (legally speaking). I was travelling down a road that had a flush median in the center. Traffic had come to a complete stop, so I moved into the flush and had been travelling for ~30m when a car (which was in the main lane) indicated and turned across the flush into my path of travel. Roads were wet, I got on the brakes and just started sliding and went right into the side of them. In hindsight, I could have started braking earlier, but shit happens. Might have bent forks but I'm not too sure, I'll have to check. Other than that, all is good, just bent handle bars, broken mirrors, a toasted indicator lens and the crash also revealed that my gas tank is full of bog lol (could have fooled me, whoever did that patch up job did it pretty damn well). No damage to me though. I don't think she looked in her mirrors/over her shoulders at all (otherwise she should have seen me), so she's at fault there. But what about my presence in the flush? Is it illegal to ride in the flush when traffic is at a complete stand still?

**Banditbandit** · 6th May 2014, 10:48

Not sure what you mean by a "flush"

But if it is the white striped area between lanes then often it is illegal to ride there ...

And when traffic is at a complete standstill you will probably find that passing them on the outside is at least verging on illegal - it's certainly not a good idea .. for reasons you have just found out ..

**R650R** · 6th May 2014, 10:51

Sadly it's illegal to be overtaking on any painted median strip. I know a guy who got ticketed for it just going past two cars into a right turn bay.
A learning experience for you and prob a $150 careless fine if cops turned up.

**BigAl** · 6th May 2014, 10:51

Insured? other party insured? witnesses?

Submit claim to insurance co as usually knock for knock but you may loose excess if deemed at fault.

**sil3nt** · 6th May 2014, 10:51

A flush median is a strip in the centre of the road that is marked with white diagonal lines within parallel lines. It provides a place for vehicles that are turning right, or vehicles that have turned right onto the road from a side road or driveway.

You can only drive onto the flush median to:

wait to move into a gap in the traffic flow after you have turned right (car A in the diagram below)
slow down and wait before turning right (car B in the diagram below).

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**iranana** · 6th May 2014, 11:14

Ah all good, I was somewhere I wasn't meant to be then. Just wanted to know for insurance reasons. They were driving a company car so I'll see what they want to do for insurance. If I'm really really lucky I might not have to make a claim. But if I do then that's just a 500 dollar excess. Could have been worse, cheers guys

**FJRider** · 6th May 2014, 11:20

Originally Posted by iranana

I don't think she looked in her mirrors/over her shoulders at all (otherwise she should have seen me), so she's at fault there. But what about my presence in the flush? Is it illegal to ride in the flush when traffic is at a complete stand still?

As the flush median strip is illegal to use for overtaking ... there should be no need to look. The two seconds of legally required indicating doesn't take long to go .. if you're not looking. Many never use their right side mirror (at ANY time) anyway ... and just rely on the mid mounted interior one (and miss seeing you).

It is not illegal to cross the median strip at right angles (nor even U turns) ... but as the flush median strip can be (legally) used by vehicles traveling in both directions .. care must be taken when using them. (as you have already found)

**FJRider** · 6th May 2014, 11:26

Originally Posted by iranana

Ah all good, I was somewhere I wasn't meant to be then. Just wanted to know for insurance reasons. They were driving a company car so I'll see what they want to do for insurance. If I'm really really lucky I might not have to make a claim. But if I do then that's just a 500 dollar excess. Could have been worse, cheers guys

THEIR Insurance company will have some say in the matter ... they may chase YOUR Insurance company for damage you did to that vehicle ... if you were in the wrong. Do you have full cover .. ???

**discotex** · 6th May 2014, 11:31

Originally Posted by iranana

Ah all good, I was somewhere I wasn't meant to be then. Just wanted to know for insurance reasons. They were driving a company car so I'll see what they want to do for insurance. If I'm really really lucky I might not have to make a claim. But if I do then that's just a 500 dollar excess. Could have been worse, cheers guys

Don't admit fault though as your insurance company may then deny to pay out. Just accurately describe what happened and let them sort it out on your behalf. If the police came they will want a copy of the incident report.

**swbarnett** · 6th May 2014, 11:37

Originally Posted by FJRider

The two seconds of legally required indicating

That's actually three seconds.

**FJRider** · 6th May 2014, 11:49

Originally Posted by discotex

Don't admit fault though as your insurance company may then deny to pay out. Just accurately describe what happened and let them sort it out on your behalf. If the police came they will want a copy of the incident report.

You don't admit fault to the other party. Most policies do not rely on you not being at fault to be paid out. (If you have full cover)

The downside is often an increase in your premiums though ..

**Mazztah** · 6th May 2014, 12:29

just say you pulled into the medium strip to do a u turn when she just pulled out in front of you.

**Big Dog** · 6th May 2014, 13:01

Originally Posted by Mazztah

just say you pulled into the medium strip to do a u turn when she just pulled out in front of you.

Just don't change your story.
Or talk about how you plan to edit your story before presenting it on the internet.

Stupid phone / Tapatalk, apologies in advance.

**discotex** · 6th May 2014, 18:00

Originally Posted by FJRider

You don't admit fault to the other party. Most policies do not rely on you not being at fault to be paid out. (If you have full cover)

The downside is often an increase in your premiums though ..

Most policies include a clause requiring you to not admit fault to a third party, lest your entire claim be potentially considered void. I was simply reminding the OP of this given he is talking about conversing with the third party and now knows he was in the wrong.

Never said he couldn't claim if he was found to be at fault..