535er 0 Report post Posted July 7, 2008 Thursday 3/07/08 I had the accident. I was waiting at an intersection (Hereford & Manchester St), I was the first in the cue waiting on traffic. The lights go orange & waited for the impatient prick that wanted to beat the red, then began my turn. Along comes another brainless idiotic driver that wanted to beat the lights, I slam on my brakes, she slams on hers and hits me. Abuse flew from both directions. I was forced to drive up on the footpath, got out & she goes "I was on an orange!"............WHAT THE f**k I rang the police, got our statements plus one from witnesses which weren't much help. She's now denying liability & i'm left with a f**ked car because theres no way in hell i'm claiming insurance when it's her fault. Police ring me the next day saying they have issued us both tickets, me for sitting in the middle of an intersection instead of sitting behind the line, what the hell, never heard of that one!!!!???? and her for not abiding by an amber light. What the hell can I do, any help what so ever will be much appreciated! Cheers guys!! Quote Share this post Link to post Share on other sites
simke 0 Report post Posted July 7, 2008 Unfortunately don't think there is much you can do. Similar thing happened to me few years ago, and dumb b**ch drove off before I could even get her registration number. When police finally arrived on the scene they seemed more interested in checking contents of my glove box and the boot (wtf?). So I guess you'll just have to claim insurance. Sh*t happens. Quote Share this post Link to post Share on other sites
Mark 178 Report post Posted July 7, 2008 It could go either way on this one. If the light was green would you have had enough time safely make the turn in front of the oncoming car? As for you being issued a ticket for not waiting behind the line. I was taught to drive by an AA driving instructor and he told me that the first car is always entitled to move to the middle of the intersection to prepare for a right hand turn. Subsequent cars may not move into the intersection until the first has made their turn. On the plus side... looks like the big german tank took the punishment like a champ! Hope everything works out for you! Quote Share this post Link to post Share on other sites
535er 0 Report post Posted July 7, 2008 It could go either way on this one. If the light was green would you have had enough time safely make the turn in front of the oncoming car? As for you being issued a ticket for not waiting behind the line. I was taught to drive by an AA driving instructor and he told me that the first car is always entitled to move to the middle of the intersection to prepare for a right hand turn. Subsequent cars may not move into the intersection until the first has made their turn. On the plus side... looks like the big german tank took the punishment like a champ! Hope everything works out for you! yeh that's what I thought, I was the first car in the cue & there was wasn't enough room hence why I waited, orange light along comes a second impatient driver, I happened to get in the way of her & yeh slams into me at a good speed which push my car back a few good meres Quote Share this post Link to post Share on other sites
greenday-rulz21 4 Report post Posted July 7, 2008 (edited) Sorry to hear mate, as Smike said not much you can do. You can write to the police about tickets, as Mark said you can move into the intersection while waiting to turn. Or at least thats what I have also been told by an AA instructor. Edited July 7, 2008 by Nick021 Quote Share this post Link to post Share on other sites
M325is 0 Report post Posted July 7, 2008 Did you get her rego number and name? If so give it to your insurance company and let the insurance companies reach a verdict or battle it out. Sucks how police are ticketing you. You can right a letter to them, they usually take letters more seriously. I think you can write letters via email to save time too. Quote Share this post Link to post Share on other sites
ED1RTY 2 Report post Posted July 7, 2008 Gutted, looks superficial wouldn't be to much to fix. Im sure someone has a cheap E34 front end lying around? Did you have the green light? If so fight it. Quote Share this post Link to post Share on other sites
535er 0 Report post Posted July 7, 2008 Gutted, looks superficial wouldn't be to much to fix. Im sure someone has a cheap E34 front end lying around? Did you have the green light? If so fight it. lights turned orange, waited for the first impatient bastard, was quite a good gap so I went but this bitch decided to race the orange aswell, then collected me at a good pace Quote Share this post Link to post Share on other sites
Aza13 0 Report post Posted July 7, 2008 If you have full insurance cover then you will need to make a claim with your insurer and they can attempt recovery from the third party if you wish to hold them at fault. If the other party in the accident continues to dispute liability and you wish to take it further (to get your excess back if you made a claim) then you may end up having to take the third party to the Disputes Tribunal (if they are uninsured) otherwise your insurance company will liaise with theirs should they make a claim. But as both of you have been issued with infringement tickets it will probably not be worth the time. Suggest making a claim with your insurer and gettin your car fixed at a good repairer of your choice but unfortunately this will affect your 'no claims bonus' but you will have your baby back repaired Cheers, Aza Quote Share this post Link to post Share on other sites
Aza13 0 Report post Posted July 7, 2008 If you have full insurance cover then you will need to make a claim with your insurer and they can attempt recovery from the third party if you wish to hold them at fault. If the other party in the accident continues to dispute liability and you wish to take it further (to get your excess back if you made a claim) then you may end up having to take the third party to the Disputes Tribunal (if they are uninsured) otherwise your insurance company will liaise with theirs should they make a claim. But as both of you have been issued with infringement tickets it will probably not be worth the time. Suggest making a claim with your insurer and gettin your car fixed at a good repairer of your choice but unfortunately this will affect your 'no claims bonus' but you will have your baby back repaired Cheers, Aza Forgot to also put if you have those witness statements confirming you had a greenlight that will also help. Cheers Quote Share this post Link to post Share on other sites
QuickSilver 0 Report post Posted July 7, 2008 lights turned orange, waited for the first impatient bastard, was quite a good gap so I went but this bitch decided to race the orange aswell, then collected me at a good pace unless i've missed it, was your light actually green? You mention orange and red alot. If it was green and your witness confirms it, then you have nothing to worry about, write them a letter, have you're witness sign it and they cant very well give you the ticket. Or do what was mentioned above with the insurance company. Quote Share this post Link to post Share on other sites
535er 0 Report post Posted July 7, 2008 unless i've missed it, was your light actually green? You mention orange and red alot. If it was green and your witness confirms it, then you have nothing to worry about, write them a letter, have you're witness sign it and they cant very well give you the ticket. Or do what was mentioned above with the insurance company. it was green when I pulled up to the intersection. Lights turned orange, waited for the first car then began my turn. Noticed the other car a wee distance back wasnt stopping, slammed on my brakes, slammed on hers and collected me at a good pace. Lights turned red pretty much as she hit me Witnesses couldnt say much, only seen the impact. I was the first car in the cue so I had every right to be in the middle of the intersection waiting to turn, so ill be disputing that ticket for a start Quote Share this post Link to post Share on other sites
jochen 4 Report post Posted July 7, 2008 What the hell can I do, any help what so ever will be much appreciated! If you disagree with the police, go see the Citizens Advice Bureaux. I had a prang when I was 19 and it was the other guys fault, but both of us got tickets. My ticket arrived 3 weeks after the case. I disagreed with the ticket. I went to the CAB, they told me what to do. I then went to see the head of the police with lots of written evidence and a clearly laid out case. He read it, then cancelled the ticket. In other words: I won. But CAB will help you to approach this the correct way if you clearly believe, and can prove, you were in the right. Quote Share this post Link to post Share on other sites
conrod 1 Report post Posted July 7, 2008 (edited) It is written in the road code somewhere that you may not enter an intersection if your passage through it is blocked by STATIONARY traffic. Meaning that if you are the FIRST in the cue (turning right I am guessing?) then there is NO stationary traffic blocking your exit, therefore you ARE ALLOWED to proceed to the middle of the intersection and wait to turn. If you don't want to pay for a solicitor to fight the ticket, go get a copy of the road code, copy the page with this and send it in with your letter. Police really piss me off when they issue tickets without engaging their brains, and it does happen frequently! As regards getting your car fixed, you will have to claim on your insurance, then INSTRUCT your insurance company that it was not your fault and you will not accept liability/loss of no claims/insurance excess etc. etc. I did this a few years ago when some idiot did a U turn into the back of my car while I was reversing into a parallel park (he was trying to U turn into it!) It ended up costing me nothing and no loss of no claims etc. My car had about $1500 of damage to it. Good luck and let us know how it goes! Edited July 7, 2008 by conrod Quote Share this post Link to post Share on other sites
conrod 1 Report post Posted July 7, 2008 (edited) P.S. I have been in this situation several times. If traffic is still approaching from the opposite direction, then I ALWAYS wait for the light to turn red before completing my turn. As I have already entered the intersection, it is not an offence to complete my turn. If another car enters from the opposite direction when the light is RED then they are at fault. In your case the light was probably orange-going-on-red when the other person entered, therefore a hard one to prove who was at fault. Either way, you should be able to get off your ticket, as i don't believe the reason it was issued is an offence in itself. At least the 5'er took it on the chin though, doesn't look too bad! Edited July 7, 2008 by conrod Quote Share this post Link to post Share on other sites
hybrid 1039 Report post Posted July 7, 2008 and if it all end tits up .. Ray from HellBM (forum sponsor) will be able to sort you out with parts for a good price. Quote Share this post Link to post Share on other sites
ED1RTY 2 Report post Posted July 7, 2008 (edited) lights turned orange, waited for the first impatient bastard, was quite a good gap so I went but this bitch decided to race the orange aswell, then collected me at a good pace Was she coming from the opposite direction? If her light was still orange there is no way you would have had a green to turn right, therefore you would be in the wrong? Edit: This has me so confused. I cant understand how you would have a green light to turn right when she had a green or orange or whatever going in the opposite direction of you. The lights do not put you in the course of oncoming cars. Unless you had a green to go straight and no arrow at all you could go but if there is oncoming traffic and you move it is YOUR fault. Only way it could have been her fault is if you had a green right turning arrow, plain and simple. Edited July 7, 2008 by ED1RTY Quote Share this post Link to post Share on other sites
QuickSilver 0 Report post Posted July 7, 2008 Was she coming from the opposite direction? If her light was still orange there is no way you would have had a green to turn right, therefore you would be in the wrong? Edit: This has me so confused. I cant understand how you would have a green light to turn right when she had a green or orange or whatever going in the opposite direction of you. The lights do not put you in the course of oncoming cars. Unless you had a green to go straight and no arrow at all you could go but if there is oncoming traffic and you move it is YOUR fault. Only way it could have been her fault is if you had a green right turning arrow, plain and simple. I've gotten lost also this is what I thought would be the case too, Quote Share this post Link to post Share on other sites
535er 0 Report post Posted July 7, 2008 Was she coming from the opposite direction? If her light was still orange there is no way you would have had a green to turn right, therefore you would be in the wrong? Edit: This has me so confused. I cant understand how you would have a green light to turn right when she had a green or orange or whatever going in the opposite direction of you. The lights do not put you in the course of oncoming cars. Unless you had a green to go straight and no arrow at all you could go but if there is oncoming traffic and you move it is YOUR fault. Only way it could have been her fault is if you had a green right turning arrow, plain and simple. there are no arrows at that intersection, just your normal. Like I say, I was waiting in the middle of the intersection (first car in the cue) the lights turned orange, waited for the first car, I began my turn, noticed she wasn't stopping I stopped she slammed on her brakes and plowed into me. Fact of the matter is, she had time to stop. There was a good 4 or so second gap between her and the other car. Orange light had come on just before the car in front of her Quote Share this post Link to post Share on other sites
535er 0 Report post Posted July 7, 2008 I've gotten lost also this is what I thought would be the case too, there are no arrows at that intersection, just your normal. Like I say, I was waiting in the middle of the intersection (first car in the cue) the lights turned orange, waited for the first car, I began my turn, noticed she wasn't stopping I stopped she slammed on her brakes and plowed into me. Fact of the matter is, she had time to stop. There was a good 4 or so second gap between her and the other car. Orange light had come on just before the car in front of her Quote Share this post Link to post Share on other sites
jimbo01 0 Report post Posted July 7, 2008 lights turned orange, waited for the first impatient bastard, was quite a good gap so I went but this bitch decided to race the orange aswell, then collected me at a good pace Unfortunately in this situation you should have given way so I doubt you will have any luck. However if the cops thought she had a green or orange why did the cops ticket her. The cops shouldn't give her a ticket unless she jumped a red. Also you can get ticket for entering an intersection without room to proceed. This should be policed a lot more often - you often get some idiot sees an orage so pulls out so they don't have to wait for the next cycle, and blocks everyone esle. Sheer selfishness. Quote Share this post Link to post Share on other sites
535er 0 Report post Posted July 7, 2008 Unfortunately in this situation you should have given way so I doubt you will have any luck. However if the cops thought she had a green or orange why did the cops ticket her. The cops shouldn't give her a ticket unless she jumped a red. Also you can get ticket for entering an intersection without room to proceed. This should be policed a lot more often - you often get some idiot sees an orage so pulls out so they don't have to wait for the next cycle, and blocks everyone esle. Sheer selfishness. the thing is, she could have stopped safely which she didn't even bother trying, just kept coming at me. Lights went red just as she hit me. From what ive heard from mates etc, i'm aloud to enter the intersection if i'm the first car, others behind me have to stay behind the white line Quote Share this post Link to post Share on other sites
Grant 4 Report post Posted July 7, 2008 the word is "queue" not "cue". Stink about the accident, hopefully you get is sorted. Cheers Grant Quote Share this post Link to post Share on other sites
conrod 1 Report post Posted July 7, 2008 Also you can get ticket for entering an intersection without room to proceed. This should be policed a lot more often - you often get some idiot sees an orage so pulls out so they don't have to wait for the next cycle, and blocks everyone else. Sheer selfishness.I disagree with that. I believe the rule (in the road code) says that you MAY NOT enter an intersection if your path through is blocked by STATIONARY traffic, (not moving traffic) I will be very interested to see how this pans out, as obviously there is a lot of confusion surrounding this part.I could be wrong though! Anyone got a road code handy? Quote Share this post Link to post Share on other sites
greenday-rulz21 4 Report post Posted July 7, 2008 Anyone got a road code handy?Looked through the 2007 road code and could not find ANYTHING about this situation. ?? Quote Share this post Link to post Share on other sites
