Ask an expert

I'm a fully licensed driver. I was involved in an accident where I was indicating to turn into a drive on the right hand side of a state highway. I looked and indicated and didn't see anyone, I was already in the drive when a vehical clipped the rear panel of my car. He stated that he saw me pull out but that I didn't indicate and he pulled out to overtake. Something's don't add up. I don't believe he was paying attention, he was speeding and we were already almost completley in the drive before he hit me. At the accident police said it was his fault, however a week later they decided no body was liable. There were no witnesses, he said I didn't indicate, I know I did. I'm uninsured he has full cover. I have since brought a new vehical because mine was a write off. I received a letter today saying after the investigation I am deemed as being the party at fault. No action will be taken the matter will be dealt with by an infringement notice for failing to signal?? I know I signalled, if I pay this fine am I accepting liability for the crash and can his insurers come after me for compensation for his car?

Yes, if you feel that you were not in the wrong then you can appeal the police's decision and have the case heard in court. The fact that you have been issued an infringement notice indicates that you have been found at fault. The insurance company will have a look at the police report and if it states that you were at fault then they will come after you for the cost to repair their client’s vehicle.

Even if the police report states that nobody is at fault the insurance company could still come after you if they or their client believe there is a case - this is likely to end up in a disputes tribunal.

You crossed the flow of traffic and for this reason you will have a difficult time trying to prove the other driver was at fault.