Reversed into a car blocking my driveway

me786 on 15/04/2014 - 13:00
Last edited 15/04/2014 - 14:51

This morning I reversed into an Australia Post contractors Toyota wagon which was blocking my driveway. The car was parked horizontally fully obstructing my garage and driveway.
The driver was at his car seat at that time. The driver agreed that he should not be parked like that. But he was not fully agreeing that it was his fault. He mentioned that his supervisor from Australia Post will call me.

My Honda Jazz car is damaged at tailgate and rear bumper. The other car damage was at the front parking light crack.
I only have third party property insurance. I am more than happy to pay for the damage if I am legally bound to.

I am just confused. Who is responsible to pay for the damage?
Thanks for your opinion.

Automotive

closed Comments

  • stratbargain on 15/04/2014 - 13:03
    +63

    What about if that was a person blocking your driveway and you hit them? What about a child on a bike? you would be at fault for not looking and hitting them. I'm going to go out on a limb here and suggest YOU are actually at fault for hitting a stationary vehicle regardless of where it was.

    • rambutann on 15/04/2014 - 13:08
      +12

      I would have to agree here, for you to reverse straight out into an Australia post van you would have to be a pretty bad driver. Like, I can understand partially parked across one side of the driveway or moved in at the last second but the fact that you just reversed into him seriously worries me. As StratBargain said, imagine if that was a kid…

  • quarkz on 15/04/2014 - 13:10
    +91

    Damn. Should have gone to specsavers

  • Ughhh on 15/04/2014 - 13:14
    +4

    Most likely you're at fault. Especially since you were coming out of a drive way.

  • me786 on 15/04/2014 - 13:21

    Is it illegal to park horizontally at private property driveway?

    • Smulder on 15/04/2014 - 13:40
      +8

      You state the driver was in the driver's seat at the time, which means they weren't actually parked, just stopped.

      It is legal to stop your vehicle across a driveway for a short period of time if you stay with the vehicle.

      Meanwhile, anyone that hits a stationery vehicle, whether parked legally or illegally, is always at fault.

    • stratbargain on 15/04/2014 - 13:43
      +5

      Well did he get a ticket? Just because he was parked illegally (potentially) doesn't give you the right to smash your car into his. You are in the wrong in this one. The police can give him a ticket for parking illegally, but that doesn't stop the fact that you hit his car because you didn't look where you were going. They are two separate issues.

    • NancyCat on 15/04/2014 - 15:51
      +2

      Is it illegal to park horizontally at private property driveway?

      How about ask yourself, 'is it illegal to hit a car when coming out of a drive way?!'

  • 2jzzzz on 15/04/2014 - 13:25
    +2

    So if I spot a car parked in a no standing zone, can I smash my car into theirs and claim insurance because they weren't meant to be there?

  • PissLUR on 15/04/2014 - 13:26
    +9

    He was stationary and you hit him. and now, you are blaming him.
    Are you kidding?

    I hope he lodge an insurance claim against you.

  • nomoneynoproblems on 15/04/2014 - 13:43
    +6

    Mate, your obviously at fault. How about you look through the rear window when reversing?

  • stratbargain on 15/04/2014 - 13:44

    Interestingly according to City of Melbourne it is illegal to stop or park in YOUR OWN driveway:

    "Stopping across driveways
    You must not stop on or across your own or another person’s driveway, or so close to the driveway that you stop a vehicle from driving in or out."

    • plmko on 15/04/2014 - 14:13

      Depends what you mean, if you stop in front of your drive way, you're on council land. ie the road.

  • Daabido on 15/04/2014 - 13:51
    +5

    I've had someone hit me from behind before and claimed it was my fault. It is amazing what people will do to not take responsibility for their actions.

    Op, you're at fault. Full stop (and that's what you should have done).

  • SavatteDodo on 15/04/2014 - 14:03

    Stopping across driveways

    You must not stop on or across your own or another person’s driveway, or so close to the driveway that you stop a vehicle from driving in or out.

    It is an offence to stop on any nature strip or median strip, unless parking signs allow it.

    • tonyjzx on 15/04/2014 - 14:48
      +1

      thing is certain emergency and utilies and council workers can park on driveways temporarily

      an Aust Post van which is a BRIGHT RED Ford Transit isnt exactly invisible

      sorry but OP is 100% at fault and will have to cough up the excess

      eg. i've had police park on my driveway as they had pulled someone over

      do i plough into the police car blindly as if its their fault they're on my driveway?

      • SavatteDodo on 15/04/2014 - 14:51

        Situations and circumstances

        • sparkles on 15/04/2014 - 15:33
          +2

          A police 4WD car once reversed up the nature strip (not the road - they were spying on someone) straight into my car coming out of a restaurant drive way. Car was a little bit smashed, $2K damage. They breath tested me LOL. Like I'd been drinking in the middle of the day after my Macca's lunch. In the end, they were alright about it and seemed more worried about telling their supervisor after they realised I wasn't a drunk and they couldn't pin it on me. Anyway, they paid for all the damage. I think if you reverse into anyone you are automatically liable.

        • NamandSpam on 15/04/2014 - 15:43

          Wow, bloody pigs.

  • blitz on 15/04/2014 - 14:04
    +5

    There's no two ways about this. You are at fault. You can't just go around hitting stationary cars. It's irrelevant that the other vehicle can't park on your driveway. What if he had broken down? What if he was having a medical emergency? Regardless of where their car was, you can't just plough into it because you feel like it.

    Face it: you didn't check what you were doing. In this instance, it ended well and the only damage was to your vehicle and that of the other driver. What if it had been a pregnant mum, a kid on a bike, or your sister?

  • mini2 on 15/04/2014 - 14:44
    +2

    The stationary car, regardless of how legal/illegal where its parked, will not be at fault.

    Sorry OP :(

    At least you've got 3rd party insurance…could've been worse.

  • slow on 15/04/2014 - 15:16

    Awesome, so the next time I see a car parked illegally I am within my rights to just smash into them??? Or maybe use a baseball bat instead????

    • NamandSpam on 15/04/2014 - 15:44
      +5

      Yolo, why not.

  • issh on 15/04/2014 - 15:53

    You are at fault as you reversed into him

  • Almost Banned on 15/04/2014 - 16:06
    +2

    How many times have I wished that I could just ram into some idiot parked badly.
    However, unlike you, I have restrained myself.

  • tinx on 15/04/2014 - 16:41
    +4

    How did you manage to reverse your car without actually looking with mirrors (there're 3 of those!!) or just look over your shoulder ?????

    How long ago did you get your licence ????

  • BhanuL on 15/04/2014 - 16:42
    +11

    Give the guy a break, he didn't go intentionally ram the postie did he? It was a mistake and he's checking if he is in the wrong, which unfortunately it seems you are.

    Most people don't expect others cars on to be on their own driveway, always good to be careful when reversing out of the driveway especially. Hopefully the Post Office will just claim on their own insurance, speak to the boss and say your story nicely is my recommendation.

    • rambutann on 15/04/2014 - 17:04
      +5

      I feel the need to be brutal about this situation as I drive a motorcycle so somebody in a car reversing out of their driveway without looking could get me killed.

      He really needs to improve his driving skills if he cannot complete something as simple as getting out of his driveway.

  • ethan16 on 15/04/2014 - 16:59
    +1

    Road Rules - Give way to all traffic when entering or leaving a road - SIMPLE

  • Moderatorscotty on 15/04/2014 - 17:43

    I think OP has got the answer. Thread closed.

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