Im not sure whether or not its worth going to court over though. I think the ticket is for 150.00. Its more the piss off that he got it in the first place. Insurance will pay out either way but still.
cherilyn007,
Apr 26, 3:34am
nah just give them a ring around and see what a few say or ring CAB and talk to a lawyer thru them for free advice just incase of any troubles
marcos1,
Apr 26, 3:53am
Agree. Where do people get this information from! It is as bad as the"it's illegal to reverse out of your driveway" posts
lalbagh,
Apr 26, 4:10am
I had a similar accident years ago, suddenly spotted the driveway I wanted to turn left into, indicated left and turned. Trouble is I was sitting near the centreline as I was unsure if the driveway was going to be on my left or right. Meanwhile another car decided to pass me on the left. Result was that I pushed it off the road, and it hit and bent a metal pole and stove in its front. They said i was indicating right, I was sure I was indicating left- police concluded in my favour as the other party were known local crims. What it comes down to is whether the turning vehicle was indicating right or left. You are in the situation where one driver says left, and the other right, the only witnesses being his mates (hardly independent witnesses). I prsume the left rear indicator was smashed! It is possible in some circumstances to tell whether the indicator was hot or cold when broken, as it breaks differently- forensic investigation may give some proof. Police test for this in severe crashes- see if you can get it done for your car. If the other car was passing a left turning vehicle on the left, that would be illegal. If you had a right indicator on then turned left, you would be at fault as they were passing a right turning vehicle. In the end it is an onus of proof as to whether right indication or left indication was in progress- and as there are no independent witnesses I doubt the court could apportion fault. Case would perhaps end in a stalemate with each party covering their own costs What puzzles me though is- if you were turning left, and indicating left, what on earth were you doing a car width away from the curb over by the centreline, when the rule is that you should be keeping as far to the left as is practicable, particularly if you are indending a left turn! That said, I have seen a long truck use a right turning only lane to make a left turn across the through lane- strictly illegal, but it was the only practicable way for that vehicle to make a safe entry into a very tight driveway
pdc1,
Apr 26, 4:16am
If one of the cars indicators bulbs was broken on the left hand side and the indicator was going at the time on the left hand side, it maybe possible to prove this because of the way the bulb filament is burnt
sian555,
Apr 26, 4:18am
The curb on either side of his driveway is very steep and also there is a power pole right by the driveway aswqell so its one that you kinds have to swing out to get into iykwim. not one that you can sort of whip into
marcos1,
Apr 26, 4:21am
Wow . To much CSI for you methinks I really hate wide turners on the road.Some people forget what the first rule of the roadcode is.
lalbagh,
Apr 26, 4:53am
I have seen the bulb assessment mentioned on Serious crash unit program, dont think the SCU techniques are as ficticious as CSI
marcos1,
Apr 26, 5:06am
I recall that it only applies to brake light bulbs, not indicator bulbs.
thejazzpianoma,
Apr 26, 6:12am
I will be surprised if your friends insurance company does not take this up as they will not want to be paying for the other vehicle to be repaired. So expect it to go to court with your friend as a witness anyhow. Either way please ensure your friend takes his ticket and takes up the "denies offence" and "request court date" options on the ticket. Get him to do this straight away as once you get in to the second halfof the "reminder period" they just throw the letters in the bin and say they did not arrive in time. Once they do this it is impossible to get justice as they will activly block you getting a court hearing. Its a particually nasty loophole and the cops (as in police infringement bureau) just love to play on it as it saves them a lot of work. Doing this will also help his insurance claim of course.
snoopy221,
Apr 26, 6:29am
Take it to Court. The friends in the following vehicle as against the FIFTEEN years INDICATING and turning LEFT' ''''FFS Everyone JUST KNOWS where they live. And FIFTEEN years as against friends (Biased) mmmmmmmkay
clark20,
Apr 26, 6:35am
Yes it can be done but only if it breaks, the filament oxidises and goes white. I have seen molten globules on a filament to show it was on. And what gets me is the crash unit does not have a microscope, which they should.
curlcrown,
Apr 26, 3:17pm
If he was turning left into his drive way why did he leave such a gap that someone would attempt to pass on the left!
elect70,
Apr 26, 9:18pm
Give the insurance co full detail of the accident ,its their job to sort out liability . AS for the ticket write a letter to police detailing the accident .The kings wood should have been able to stop. More like dumb arse cop decided to write ticket for both,gets quota up for the day .
lookoutas,
Apr 27, 1:37am
The Kingswood should be in the wrong. Jez - I hope they don't put a Mustang front on it now it's been munted!
thejazzpianoma,
Apr 27, 1:45am
Quite right! Make sure you get your letter away smartly, you dont want to get caught with them pulling their "didint arrive on time" excuse. Once that is done there is no recourse what so ever, no court option or anything. Its a nasty underhanded loophole they love to exploit.
neryl1,
Apr 27, 4:03am
same as post 32 let the insurance decide if they want to prove it or just pay for it. As for the ticket write in and say they indicated left but officer gave a ticket because the car behind backed other car unlikely they would of seen anyway. Id say that the car thought since he had pulled slightly to right with left indicator on and slowed they thought it was going right so took the inside then said what id exspect them to say. was the cop young sometimes they just side with whoever. If it was an older cop id exspect them to side with the older driver even if the drivers were in theopposite cars.
neryl1,
Apr 27, 4:08am
the only blame for an unregistered no wof car contributing to the accident is if its un wof were a contributing factor like brakes not working proprtly. i would of expected the cop to put his foot on the pedal to see if it was alright when stopped but if he dont know about cars then he wouldnt bother.
berg,
Apr 27, 4:24am
Firstly, check what ticket was issued. Dangerous driving is a TON (traffic offence notice) which is not an instant fine. If your friend has been charged with dangerous driving (or even careless for that matter) he will be summons to appear in court and will be able to plead his case. Secondly, yes NZ police do have the abillity to find out which lights were going at the time of a crash (they don't even have to be broken) but this sort of forensics are usually kept to serious injury or fatal crashes as it it expensive time consuming work. If you friend is heading to court, maybe an independant assessment on the lights could be a good idea.
marcos1,
Apr 27, 4:41am
Secondly, yes NZ police do have the abillity to find out which lights were going at the time of a crash (they don't even have to be broken) but this sort of forensics are usually kept to serious injury or fatal crashes as it it expensive time consuming work.
So how do they do that berg !
berg,
Apr 27, 4:43am
In the event of a crash a hot filiment will bend or alter shape where a cold one will not. Crash science 101
aimz_bj,
Apr 28, 2:48am
Instead of just writing WRONG, care to elaborate on your comment a bit more!Would like to know more info
I have owned and insured a lot of vehicles and unfortunatley I have had to deal with a couple of accidents in my time.If the car or driver differs in any way that the insurance policy states they do have the right to refuse to pay out insurance.I know this because, I had a accident when my warrant was overdue by1 week and my insurance company refused to pay out because my car was not "Road worthy"same goes for Rego as well.If you undertake insurance and you have stated "Rego and warranted and only driver will be Joe Bloggs who has a full licence" and you hand ya keys over to someone who has a learner licence and who crashes it they can also refuse to pay out because A: the driver was not listed or B: they were unsupervised at time of driving.
So if in the past year this has changed or if your insurance company has different opinions let me know - I want to swap my insurance to the company you use :)
Im not meaning to be sarcastic so dont take it that way - im just genuinely interested as I did briefly sell car insurance in the past and this was the policy info that was used
berg,
Apr 28, 3:05am
I have seen an insurance company turn down a claim on a $100 000 car because the driver was "under the influance of alcohol". He failed the roadside breath test but passed the evidential test. Police didn't charge him for drink driving but the insurance still turned him down. One to remember if you have a few beers then drive home.
marcos1,
Apr 28, 3:21am
Ok lets go back to the original post. No they should have not been driving that car legally on the road. But the police have issued a ticket for dangerous driving against the OPs mate. So in the insurance company's way of thinking is that OPs mate is at fault. So yes they will pay out on this claim.
cowboyfisherman,
Apr 28, 4:00pm
Your mate should deny all responsibilty and go to court(in a year when multiple letters get tossed back and forth) and represent himself prob in front of a JP.No doubt the cops have lost half the info or not prepared and you will be dismissed.Happened to me.Good luck.
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