Driven to despair: Young driver's $900 setback sparks road rule ruckus!

Navigating the roads can be a complex affair, with a myriad of rules and regulations that drivers must adhere to.

However, sometimes, even the most diligent of drivers can find themselves caught in a legal tangle that can prove costly.

This was the case for a driver who found herself almost a thousand dollars out of pocket after a car accident that she believed was not her fault.


On October 13, an otherwise ordinary Friday evening, Izzy Singh was driving to the local pub with a friend when she followed the flow of traffic on a green arrow, turning right onto the Princes Highway from Belgrave-Hallam Road in Victoria.

To her shock, another vehicle ran through its red light and collided with her car at high speed.

The impact was severe enough to total her car and break her hand.


Screenshot 2024-04-04 112049.jpg
Izzy Singh was involved in a collision on the intersection of Princes Highway and Belgrave-Hallam Road. Credits: Google Earth


After the collision, Singh attended to her friend and the other driver before locating her phone amidst the wreckage and promptly contacting the police.

Upon their arrival, both Singh and the unlicensed driver provided statements.

It was during this process that Singh learned the other driver was asserting they also had the right of way.

‘It was definitely a red light for them, no other car came through from her side,’ Singh claimed.

‘And two cars had gone before me turning right, because it was a green arrow.’

In the aftermath of the crash, Izzy, who had full comprehensive insurance, faced a gruelling process with her insurer, AAMI, and the police to get her insurance claim approved, and the $900 excess paid out after her car was written off.

‘I was calling them every week or so,’ Singh recalled.


Victoria Police reported that Casey Highway Patrol members conducted an investigation into the incident, which involved examining whether any nearby businesses had CCTV footage capturing the collision.

However, they confirmed that ‘no CCTV or independent witnesses to the collision were located’.

‘Without further evidence, it was unable to be determined who was at fault, so, therefore, no charges were laid,’ they added.


On Tuesday, March 26—five months after the incident—despite her assertions and the circumstances of the accident, AAMI notified Singh via email that she would be considered responsible for the accident, citing the absence of CCTV footage as the reason for their decision based on a technicality in the Australian Road Rules.

The rule in question, number 62, deals with 'Giving way when turning at an intersection with traffic lights.'

While part one of the rule states that ‘A driver turning at an intersection with traffic lights must give way,’ the second part specifies that ‘A driver who is turning at an intersection with traffic arrows showing a green traffic arrow need not give way to an oncoming vehicle if the driver is turning in the direction indicated by the green traffic arrow.’


However, with ‘contradictory accounts by both parties in the police report, and a lack of valid evidence to hold someone fully accountable’, AAMI stood by their decision.

‘In these circumstances, we then look at the accident scenario with the appropriate road rules, and in this case, it is that a driver turning at an intersection with traffic lights must give way,’ a spokesperson explained.

Nevertheless, Singh contended that the road regulation referenced by AAMI is not applicable to her situation, as she had a green arrow, as specified in the second part mentioned earlier.

AAMI had subsequently been reached for additional clarification regarding their decision, particularly concerning Izzy's assertion regarding the green arrow.

AAMI's recommendation following the incident was for drivers to use dashcams, which ‘are very useful in determining the person at fault in an accident if there is a dispute’.

‘This can help save drivers who didn’t cause the accident from having to pay an excess. In some cases, dashcam footage is more valuable than witness statements, especially if it is clear and captures the direct cause of an accident,’ they stated.


Singh's ordeal underscored the significance of having concrete evidence to support one's account in the event of a road incident.

This sentiment is further reinforced by the revelations from another incident which highlighted how dashcam footage can serve as crucial evidence in exposing reckless behaviour on the road.

In a world where road disputes can quickly escalate into costly legal battles, investing in a dashcam emerges as a prudent measure to protect oneself and ensure a fair resolution in case of unforeseen events.
Key Takeaways
  • Izzy Singh was involved in a collision that her insurance company AAMI deemed her at fault for, resulting in her being $900 out of pocket.
  • The collision occurred after Singh turned right on a green arrow, but an unlicensed driver allegedly ran a red light and struck her car.
  • The Victoria Police were unable to determine who was at fault due to a lack of CCTV or independent witnesses, leading AAMI to apply Australian Road Rule number 62 and hold Singh responsible.
  • AAMI emphasised the usefulness of dashcams for providing evidence in accident disputes, which could prevent drivers from being wrongly deemed at fault and having to pay an excess.
Have you ever been in a situation where a little-known traffic rule affected the outcome of an insurance claim? Do you use a dashcam, and has it ever helped you in a dispute? Join the conversation below and let us know your thoughts and advice on this matter.
 

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i came off a giveway turning right where there was not a vehicle in sight left or right. on completion I had a large SUV vehicle come down the left side of me taking out my front bumper and other front damage. his vehicle was higher than mine so no damage to his. I may add where he came down the left-hand side of me it was of parking bays. I did not have a camera, I was the one at fault for leaving the giveway. this suv was speeding otherwise the brakes would have worked. I was furious over this but it still cost me $700.00
 
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Reactions: Iggydi
The insurance companies want your money but they will try everything in their power not to pay out for an accident.
We had an accident on a roundabout when the guy that hit us was in the right hand lane and wanted to turn left on the first turn. He hit us on the drivers side between the front and back door.
Our insurance company said it was our fault as we didn't give way the the right. We had witnesses and after a lengthy letter to our insurance company saying we would take it further, they back tracked and apologised.
The accident happened in a smaller town and we assume that they knew the person that hit us and he either had no insurance or had many accidents.
 
2 anomalies in this report 1. other driver is unlicensed (so police must prosecute) 2. Issy had a passenger/friend on board who should be able to corroborate het story(unless they are dead). AAMI must pay up. Insurance is the biggest scam on the planet after gambling. Digital and mechanical should never take precedence over human testimony. Cameras have limited scope. There does feel something fishy about this story but if the details are correct, the police and AAMI are at fault.
 
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Reactions: Marj53 and Iggydi
Insurance is a civil matter. We’re fault cannot be determined under Traffic Rules the matter has to be determined by the civil proof level ‘balance of probability’. It’s the usual, Insurance companies not wanting to pay out.
 
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Reactions: Iggydi and Marj53
I am trying to convince my friend to get a dash cam because she has been accused of being in a collision where the road mentioned does not exist in the collision site even the police are believing the accuser
 
Never mind a little-known rule - the other driver, the one who caused the accident - was UNLICENSED. No further comment made anywhere in the story. . Wouldn't that small fact alert the police and the insurer that any evidence or statements made by that person could just possibly not be true??
 
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Reactions: Robbo3006 and Rob44
On upon a time a long time ago back in the Fairyland of Pomgolia I was peacefully riding my motorcycle at 45mph when, as I passed a Princely Palace serving Beer and Counter Meals I was knocked off my motorcycle by an Australian who turned right into and across my path with no warning into said Palace's Noble Car Park.

And LO! the County Police who had never visited the crash site a issued Summons upon my Innocent head for Dangerous Driving. Now legally I could have been doing 70mph on that bit of road, playing Isle-of-Man racer round the corners, which would also have been legal albeit perhaps a bit silly. Indeed, had I been doing so, I would have passed the pub before that Australian had got anywhere near it. So as you, see speeding need not kill.

The upshot of this tale is that I lived happily ever after, after the intervention of my towns' m/cycle policeman who visited me to take my statement and also by the Automobile Association, both of whom sorted that County's prejudiced police. The Australian got done for appropriate motoring crimes and his hire van had to be repaired as the front wheel of my m/cycle, before the front forks snapped, had done a satisfactory amount of structural damage to the van.
 
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Reactions: IAN3005
Never mind a little-known rule - the other driver, the one who caused the accident - was UNLICENSED. No further comment made anywhere in the story. . Wouldn't that small fact alert the police and the insurer that any evidence or statements made by that person could just possibly not be true??
As the person should not have been driving on the King's Highway, perhaps the police excused him from not paying due care and attention and driving through a red light...........?
 

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