Barometer of Liability

[mudkipz]

Hello.

Recently, I was involved in an accident. Referring to the image below, the black arrow represents my movement while the red arrow represents the other party's movement. We came into contact half-way through my turn or where the red arrow connects with the black arrow.

 

http://i285.photobucket.com/albums/ll69/tjoanazri/accidentscene_.jpg

 

So according to the description above, does Scenario 29 of the GIA Barometer of Liabilty apply in this situation?

 

http://i285.photobucket.com/albums/ll69/tjoanazri/liability_.jpg

 

Any advice or input would be appreciated.

[Tyrian]

in my opinion

 

it seems that u r on a major road turning right into a minor road

 

the minor road can be defined as one with a stop line

 

cars coming out from minor road has to give way to major road. since there is a stop line, and he failed to stop and let you proceed, your liability should be 0%

 

anyway, the GIA example is using a x-junction, not a t-junction.

[ohayo]

Agreed with Tyrian. Any accidents involving failure to give way to other vehicle before a stopline is 100% liability. Besides he is moving from minor to major road.

[tionghan]

ya .. the red line should give way to the black line.

[crazydj]

Red arrow should wait. Got stop line. Minor road. Black arrow should go first. He on major road.

[unsuitable90]

the vehicle (red) MUST give way, there a MANDATORY stop line.

[contrarian]

Scenario 29 describes a 4 way uncontrolled junction where stop lines are on all 4 sides. This is not the same as your picture.

[crankcase]

Agree with all of the above - the other vehicle has a stop line, they must give way. You have 0% liability in this case. Should be an open & shut case.

[mudkipz]

Thanks for all the replies. I'll be making an own damage claim followed by a third party claim.

[mudkipz]

The workshop handling my third-party claim is saying the chances of a successful claim is low. Why is this so? Can anyone who has had a similar accident shed light on this?

[arthur_chan]

if u have no photo evidence or a 3rd party to back ur words, it's just ur words vs his.

[crankcase]

Did you call TP or make some kind of accident report? If there was no TP to make an independent report, do you have a copy of the other party's report? Or any idea if the report matches yours?

[Tyrian]

if the bikeshop has yet to see the other party's statement, then your statement plays a part.

 

for statement wise, it is "the shorter the better"

 

do not write grandmother story, this is what i was advised when writing my report.

 

If your statement is poor and the other partys statement is twisted to suit his favour, your chances of successful claim will fall.

 

PS: motorchop are good at writing statements.

[BlackBandit]

TS, some workshop will tell you **** no matter how culpable the other party is and hope that you will fork out a sizable amount for the repairs. I've encountered this situation before and I told the workshop to give me the repairs quote and let me deal with the solicitors directly. In the end, I didn't have to pay a cent as the quantum given to me was more than 80%.