Who's at Fault? Hit from behind While Reversing on Driveway (No Insurance)

bargainisg8 on 27/07/2018 - 12:23
Last edited 30/07/2018 - 08:42 by 3 other users

Hi all,

Had the right side blinker on, car behind me was stopped for that. I started reversing in to my drive way from street (note I am not reversing out from my driveway), my car was about to go in drive way, car behind me bumped into the passenger side. Given that nothing was noticeable that day (just driven 1 or 2 meter to park the car), we moved on but after 3 days later we've driven the car and noticed the steering wheel going in slightly one direction. We called owner who palmed it off to her dad and now claiming she's not at fault but it is the reversing car driver's responsibility to let the vehicle go first. Huh…. I had the licence and vehicle details of the driver the other day. My car is on sale so don't have any insurance at the moment.

Questions:

1) Who's at fault? The other car was behind me.
2) Given that its been a few days now, what's the best course of action? Lodge a police complain.

Thanks all.

Automotive

closed Comments

  • Godric on 27/07/2018 - 12:27
    +24

    What did your insurer say?

    Oh of course no insurance.

      • Godric on 27/07/2018 - 12:29
        +23

        That's not really an excuse to not have insurance, considering you can even transfer ownership of policies to another car.

        • HighAndDry on 27/07/2018 - 12:37
          +11

          Or cancel the policy and get the balance of the premiums back.

        • foxmulder on 27/07/2018 - 13:47

          @HighAndDry: question, is this standard thing or depend on the insurance?

        • Caped Baldy on 27/07/2018 - 14:12
          +2

          @foxmulder:

          It's standard. The insurer should pro rata the refund based on remaining time.

          If they didn't they risk losing customers using them for new cars.

      • bongom on 27/07/2018 - 12:57
        +5

        OP's next post will be titled "Car accident when non insured car taken for pre-sale test drive".

  • PissLUR on 27/07/2018 - 12:30
    -2

    sell the car asap.

  • [Deactivated] on 27/07/2018 - 12:31
    +9

    but it is the reversing car driver's responsibility

    Correct. It is always the reversing driver's liability if they collide with a car that is not going in reverse.

    In the case where both cars are going reverse (such as reversing out of opposing driveways/car spaces at the same time) it would be shared responsibility.

    • bargainisg8 on 27/07/2018 - 15:34

      Updated the description.

      I was not reversing out from the drive way but instead from street to drive way with the blinker on and car behind was stopped for that. Its that they tried to go past from the left side of the road.

      • HighAndDry on 27/07/2018 - 15:44
        +2

        …. wait you were backing up from the street into your driveway, and the car behind you hit…. your left side? Sorry, I still need a picture. If they were behind you, going past you they'd be on your right side. Unless it's a one-way street and your driveway is on the right side of the street.

        • bargainisg8 on 27/07/2018 - 17:47

          When you back in to your drive way, your car goes across the road, right….
          Then the other car behind hit you in the wake of moving ahead….

        • HighAndDry on 27/07/2018 - 17:48
          -1

          @cactusndates: No I kinda get it now. But either it was a one way street, or you were reversing across the other side of the street. Which is a bad idea in all situations.

  • HighAndDry on 27/07/2018 - 12:34
    +4

    it is the reversing car driver's responsibility to let the vehicle go first.

    That's true - if you're reversing out, you have to give way to basically every other car.

    1. You're at fault.

    2. Don't make a fuss and hope they don't come after you for scratches to their car.

    • bargainisg8 on 27/07/2018 - 12:50
      -3

      I am reversing in to drive way not out from it.
      correct sequence:

      1) The car was stopped for me
      2) I began reversing into your drive way
      3) The car behind me decided to accelerate forwards and hit me

      • HighAndDry on 27/07/2018 - 12:53
        +1

        Ok I'm going to need a picture here. Were you reversing into the driveway out of a car space? Then you still need to give way to basically every other car.

        You could try and argue that they were stopped, and then drove into your car, but to anyone else it'll just look like they hit you because you failed to give way - and that would also be an accurate description of what happened.

      • SnoozeAndLose on 27/07/2018 - 22:16

        Is both "The car" in 1) & 3) the same car?

  • [Deactivated] on 27/07/2018 - 12:34

    I had the licence and vehicle details of the driver the other day

    Well, in that case Police will tell you to go whistle.
    Police will only get involved if either party refuses to share licence details, if any party has sustained bodily injury or if the circumstances of the incident require a Police presence to control traffic or other situational factors.

  • R-Man on 27/07/2018 - 12:41
    +2

    car behind me was stopped for that.

    car behind me bumped into the passenger side

    1. The car was stopped for you
    2. you began reversing into your drive way
    3. The car behind you decided to accelerate forwards and hit you?

    Is that right?
    or

    3.The car behind you remained stationary and you hit them because there was not enough clearance between both cars?

    • HighAndDry on 27/07/2018 - 12:45

      Conceivably they paused so OP could see that there was a car and give way like they were supposed to, kept driving, and then OP reversed into them.

    • bargainisg8 on 27/07/2018 - 12:48
      -4

      correct sequence:

      1) The car was stopped for me
      2) I began reversing into your drive way
      3) The car behind me decided to accelerate forwards and hit me

      • [Deactivated] on 27/07/2018 - 12:50
        +1

        I began reversing into your drive way

        I didn't see you there… do you know where I live…??

      • bargainisg8 on 27/07/2018 - 12:53
        -4

        correct sequence:

        1) The car was stopped for me
        2) I began reversing into my drive way
        3) The car behind me decided to accelerate forwards and hit me

        • Peter Enis on 27/07/2018 - 13:50
          +9

          Please upload a pic drawn in MS Paint for our entertainment. so we can understand better.

        • R-Man on 27/07/2018 - 14:26
          +1

          Okay well then I am with you on this.

          They moved forward and hit you. so what could you have done to avoid the accident?

          For those saying it's OPs fault, a question:
          Next time I see someone in front of me reversing into their driveway or parking bay, can I decide to ram into them with no fault assigned to me?

        • HighAndDry on 27/07/2018 - 14:41
          -2

          @R-Man: Why would any sane person do that? You'd still have to either go through your insurance, or make a claim against the other drive, fix your car, etc. I'm not even saying that OP is 100% morally at fault, but legally? Unless he can prove the other person saw them and hit them anyway, it's clear-cut - OP was backing out and needed to give way. They even saw the other car… and still didn't give way.

          Edit: The problem with OP's version of events is this part:

          The car was stopped for me

          Unless OP is a mind reader, they can't possibly know that. Maybe the other person was adjusting a phone mount, or waiting for OP to stop and give way, or a billion other things.

        • R-Man on 27/07/2018 - 16:11

          @HighAndDry:

          it's clear-cut - OP was backing out and needed to give way. They even saw the other car… and still didn't give way.

          This is incorrect - OP is not backing out, they are backing in to their driveway from the road. Hence my exaggerated hypothetical about ramming a car who I clearly understood is trying to park.

          Regarding giving way, the road might only be 1 lane each direction. There may be no safe place for OP to pull over and give way to other cars before reversing? (I know this is where we demand an MS paint diagram).

          Unless OP is a mind reader, they can't possibly know that. Maybe the other person was adjusting a phone mount, or waiting for OP to stop and give way, or a billion other things.

          No one is a mind reader but I can fairly assume OP used brake, indicator and reverse lights with enough notice as they do this maneuver every day. The other driver would have understood what was happening. Unless OP admits they did this maneuver way too fast?

        • HighAndDry on 27/07/2018 - 16:15

          @R-Man: Yeah I just read the update and OP's last comment. Seems like they were on the street backing into their driveway.

          But they also said they were hit on the left/passenger side…. so one way street, backing into a driveway on the right?

        • R-Man on 27/07/2018 - 16:43
          +1

          @HighAndDry:

          Yeah so perhaps the driver tried to squeeze past on the left, when a bit of space freed up during OPs reverse park (not enough space…)

          defs not the smartest of moves by either of them. If I were OP I would at least U turn ahead so I can reverse into my left. If I were the other driver I wouldn't try squeezing by!

        • pegaxs on 27/07/2018 - 17:44

          @R-Man:

          Because "Road Rules"… OP is at fault because:

          Road Rule 75: Giving way when entering a road related area or adjacent land from a road
          (c) if the driver is turning right from the road—any oncoming vehicle on the road that is going straight ahead or turning left

          Since OP turned right and was 90 degrees to the road they were just on, it could be considered that they are now turning across, or coming across the path of oncoming cars, since OP would have to cross to the opposite side of the road to line their car up with the driveway to reverse in. OP is no longer turning from the lane they were in.

          and

          Road Rule 125: Unreasonably obstructing drivers or pedestrians
          (1) A driver must not unreasonably obstruct the path of another driver or a pedestrian.

          Because OP even admitted that the other car had to stop. There is no reason why OP had to back in, so in this case, OP was unreasonably obstructing other drivers (possibly on both sides of the road.)

        • R-Man on 27/07/2018 - 18:39

          @pegaxs:

          I'm still not sure how you see OP at fault. If someone tries to squeeze past the car in front, who is in the middle of a right turn, it's their fault for attempting that risky move. The fact that OP was doing a right turn in reverse does not absolve the other driver of fault after trying to squeeze past.

          Because OP even admitted that the other car had to stop.

          What's the problem with this? if there is no shoulder lane, don't all cars need to stop for the car infront of them to complete a turn?

          There is no reason why OP had to back in

          Don't really understand this point, why does there need to be a reason? People choose to go reverse instead of forwards into a parking spot all the time.

          I imagine OP needs to exit their drive way and turn right every morning, hence it's easier to park the car facing the road.

          Whatever it is, unless there's a road rule saying "you must always enter a driveway/parking bay forwards not backwards", what OP did is not unreasonable. Else we ban reverse parking from shopping centres.

        • pegaxs on 27/07/2018 - 22:08
          +1

          @R-Man:

          How can you see that OP is NOT at fault?

          Pull into the driveway like a normal human being. When everyone else is clear and the street/road/boulevard/highway/crescent/laneway/esplanade/goat track is clear, then go out and (fropanity) about with reversing the car in.

          What OP did was a clear breach of road rule 125. The whole road had to come to a standstill while OP messed about backing their car up the driveway, covering 2 lanes of traffic.

          OP had to turn right to put the car into the correct position and in the action of turning right, put their car across into the right hand lane. To back up from the right hand side of the road, OP had to now cross over a lane that had oncoming traffic, essentially the same as turning from that side across the line of oncoming cars.

          How in the hell is OP even remotely in the right? How can OP essentially shut down two lanes of traffic and cross over an active oncoming line of traffic, blocking vehicles and still be in the right??

          U turns, 3 point turns, reversing up your drive way… all these types of manoeuvres go to the bottom of the list when it comes to who gets to go first.

          Your comment “so I should just ram into them?” is absurd, but it doesn’t stop OP from being in the wrong…

        • R-Man on 27/07/2018 - 23:00

          @pegaxs:

          Ok then I can concede that OP should not be reversing into their driveway during times where there is traffic and so violates rule 125. Still I don't put OP at fault for the damage done by a driver who drove into them when they could have waited.

          Sorry to be absurd again, but is your view that "as long as the car in front of me is obstructing traffic/being a nuisance, I am not at fault if I decide to accelerate and hit them"?

        • pegaxs on 28/07/2018 - 07:16

          @R-Man:

          I have made no mention of the other car doing any damage or for running into OP. My comment was about if OP was in the wrong or not.

          It is the other drivers responsibility to avoid coming into contact with OP. What I was saying is that OP put themselves into a position where this could happen, thus, breaking the road rules.

          Could the other car have waited? Yes. Waiting on the public road system is something that all drivers have to do while morons do their thing. Was the other car entitled to drive through OP, just because OP was breaking the road rules? No, and at no time did I say this was ok.

          But, with all that being said, all the other car driver has to say is “OP indicated and turned right, stopped and started reversing into my line of travelling.” But this only makes them as big a (fropanity) as OP.

        • stumo on 28/07/2018 - 12:40

          @pegaxs:
          Plot twist, the other car didnt move and the front of OPs car swung out duting their reversing maneuver and hit the other car.

        • pegaxs on 28/07/2018 - 12:51

          @stumo:

          Plot twist?? More like "the truth". Have a feeling that there is something OP isn’t telling us about this whole situation…

  • shangoz on 27/07/2018 - 12:48

    Don't think you can win the case if you didn't have insurance company behind you, end up might be the more you ask, the more you lost.

  • Gronk on 27/07/2018 - 12:54
    +2

    If you're expecting the police to get involved and mediate in this situation, you're going to be disappointed.

    If only you had some form of protection on the vehicle which would provide financial assistance in the event someone else damaged your vehicle…. hmmmm….

  • GG57 on 27/07/2018 - 13:22
    +2

    If only OP had some patience, noticed a car behind them and pulled over out of the way until that car was past, and then (if the road was clear) reverse into their driveway.

    • pegaxs on 27/07/2018 - 17:29
      +2

      If only OP used their driveway like a normal person…

  • Caped Baldy on 27/07/2018 - 14:13
    +8

    I can't tell what happened OP. Please make an MS paint drawing so I can get CSI to have a look.

    • dylo on 27/07/2018 - 14:42
      +1

      I second this, MS paint diagram would help.

  • whooah1979 on 27/07/2018 - 14:56
    +4

    Reversing without insurance is a no no.

    • Caped Baldy on 27/07/2018 - 15:02
      +7

      Being in a car without insurance is a no no.

      • Godric on 27/07/2018 - 15:15
        +6

        Possessing a car without insurance is a no no

        • mbck on 27/07/2018 - 22:17

          Computer says nooooo

        • bghunter on 27/07/2018 - 22:19
          +1

          Asking for advice without ms paint drawing is a no no

  • Yummy on 27/07/2018 - 15:38
    +2

    TL;DR:

    Hi all,
    No insurance

    Full stop

    Ok, mods can close this thread down.

  • quog on 27/07/2018 - 17:13
    +1

    Why is the OP so special he has to reverse park into his driveway and therefore delay every car on the roadway?

    He indicated to turn right, why didn't he turn right?

    Uninsured = idiot.

    • bargainisg8 on 27/07/2018 - 17:50
      -7

      Mate, have u parked reverse in shopping center blocking other cars behind? Same logic of indicator, very obscure comment.

      • quog on 27/07/2018 - 17:54
        +3

        Because it WASN'T in a carpark, it was on a street as noted by the OP.

        Are you one those that drive along fro 10 km with your right turn indicator on for some reason?

        • bargainisg8 on 27/07/2018 - 17:56
          -1

          from where have u seen my car from 10 km away? Asked for some help, not the troll. If I can't help anyone, i'll stay quiet.

    • Euphemistic on 29/07/2018 - 09:01

      Reversing into a driveway isn’t that much different to reversing out of a driveway. I prefer reversing in to park, but I’m in a culdesac so very rarely have someone behind me. I call it getaway parking, and there is also less chance of reversing over something when you park in reverse - although reverse sensors and cameras help with that too.

  • pegaxs on 27/07/2018 - 17:28
    +8

    Good lord. This has to be a troll, and you're all licking the bait.

    Cars touched and not enough damage to trigger anyone getting out and taking photos. waved it off and said "no problems"… now their steering is out of alignment. If a car ran into you and hit you hard enough to put your steering out, there would be other damage. Sounds more like you ran into them…

    Check your tyre pressures, hat could cause a car to pull one way… or do you want the other driver to do that for you as well?

    1) You're at fault. You were reversing. The only person that has to give way to you is someone doing a u-turn.
    2) Suck it up, princess. No insurance. And don't waste the police's time with your inability to get insurance.

    Too many "…and I have no insurance." posts on this forum.

    • original15 on 27/07/2018 - 22:37

      THIS. suddenly a wheel has buckled or steering column is damaged but no damage to external enough to warrant anything..

  • Hirolol on 28/07/2018 - 10:22

    Maybe you are just a really bad driver and it happened after this incident but you don’t realise so you justblame it on the poor innocent girl.

  • grr1701 on 28/07/2018 - 11:48

    The best solution would be to learn the road rules BEFORE you start driving. A driver must give way to ALL traffic when entering or leaving private property. It doesn’t matter whether you go in forwards, like most people, or in reverse like OP. You are 100% at fault, OP.

  • c0balt on 28/07/2018 - 12:00

    Oh man it sounds like you are horrible driver who doesn't know how to give way AND doesn't have insurance.

    You don't belong on the road, mate.

  • Hithere on 28/07/2018 - 15:17
    -1

    Hand your licence (if you have one) back OP. You need to learn the road rules.

    Try posting this Troll on Whirlpool, they'll rip you a new one.

  • Ace Ventura on 28/07/2018 - 18:52
    +2

    Didn't hit hard enough to dent the thin panel steel, but was hard enough to bend solid steel steering components?
    If your car is pulling to one side, you likely just need a wheel alignment and it is nothing to do with the impact.

    Get insurance or stop driving. If not for your own benefit, then for us other road users.

  • jonnochen on 29/07/2018 - 00:24
    -1

    This person is on another planet. They need to draw a picture and explain. Otherwise, they're 100% at fault.

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