my advice,
call up driver B and ask them to call their insurance and explain the story to them (they wont admit liability unless they are honest), then driver A should call insurance and demand that driver B insurance admits liability...
read the fine prints of driver A policy, there will be a loop hole in their somewhere that can cover driver A
***** ALERT - Nominations for your new ClubCJ Committee can be made here *****
Who's at fault?
Moderators: Moderators, Senior Moderators
- squala
- Post Monster
- Posts: 2869
- Joined: Wed Jun 03, 2009 12:23 am
- Location: Fines City, VIC, Australia
By my understanding, since Car B came from a no stopping zone, Car A should have ideally been able to reverse safely, as if Car B weren't there. It is also stated in the driving book that before pulling out of a kerb, one must do a head check and signal to make sure he or she can proceed safely.
Hopefully, your footage can help, as this might be a case of your word against theirs.
Hopefully, your footage can help, as this might be a case of your word against theirs.
///// /////
7 airbags
6-speed SST
5-star safety
4-wheel drive
3-diamond badge
2 overhead cams
1 awesome ride
0 demerit points and gutter rash
7 airbags
6-speed SST
5-star safety
4-wheel drive
3-diamond badge
2 overhead cams
1 awesome ride
0 demerit points and gutter rash
- darren1011
- Lancer VRX/GTS
- Posts: 348
- Joined: Sat Feb 11, 2012 10:48 am
- Location: Wollongong, Australia
Most of the time the reversing party will wear the blame. The road rules are part of the equation, in conjunction with precedents set by the court.
The reversing party has the obligation to give way to pretty much everybody
Having said that, the other vehicle has pulled from a parked position so also has a duty to give way to vehicles travelling on the road.
Depending on the exact circumstances you may be able to argue contributory negligence and may end up getting out of paying for the other vehicle, but I probably wouldn't expect to get your repairs paid for.
The reversing party has the obligation to give way to pretty much everybody
Having said that, the other vehicle has pulled from a parked position so also has a duty to give way to vehicles travelling on the road.
Depending on the exact circumstances you may be able to argue contributory negligence and may end up getting out of paying for the other vehicle, but I probably wouldn't expect to get your repairs paid for.
Who is online
Users browsing this forum: No registered users and 24 guests