Who's at Fault? (Yes Another One of These Posts)

Capo93 on 09/12/2019 - 12:20
Last edited 12/12/2019 - 21:33 by 1 other user

So, mates daughter driving in a Westfield shopping centre car park. Comes up to a give way sign, proceeds through the intersection and a car going against the flow that is marked on the road and sign posted hits the rear of the car. Her whole car had cleared past the give way line and she was almost through the intersection when the accident happened. Now GIO are saying shes at fault for fail to give way even know she was:

a) Almost through the intersection
b) No part of her car was still behind the give way line
c) other vehicle was driving the wrong way

So does this mean I can be driving down a one way street in the incorrect direction in Sydney and if a car fails to give way to me they are at fault?

https://ibb.co/WgqwC5N - Damage to rear of mates vehicle
https://ibb.co/dWz76jc - Poorly drawn mud map

Hopefully I have satisfied everyone's needs with photos and a poll. Sorry, no Ms Paint drawing.

!!! EDIT 09/12 !!!

More photos taken today. In the time we were there today taking the photos, not one driver looked left to check for a car coming the wrong direction.

https://ibb.co/qjmK74P - Notice the pole marked "Q", look at the size of it, hard to see something coming the wrong direction.
https://ibb.co/th9z3k0
https://ibb.co/wgmWGN2
https://ibb.co/4pnhttk

!!! EDIT 10/12 !!!

So got confirmation today that Casey’s car is a total loss write off. Now do you thinks it’s possible to write a car off if the other driver was following the posted speed limit of 10km/h? Still no word from GIO yet on the review of the case.

And to the people who are saying the road rules don’t apply in a private parking lot or private land or that’s its only an recommend and blah blah, I’m afraid you’re incorrect according to the law.

“The Australian Road Rules (ARR) apply to ‘vehicles’ and ‘road users’ on ‘roads’ and ‘road-related areas’. Each of these terms has a defined meaning – of which ‘road’ is the most commonly misunderstood.”

https://autoexpert.com.au/owning-a-car/legal/do-the-road-rul…

!! EDIT 12/12 !!!

Wrong way signs

https://ibb.co/Pwr80YZ
https://ibb.co/qkP15Bn

Poll Options

  • 68
    Mates daughter at fault
  • 282
    Other drive at fault
  • 34
    Each drive at fault
  • 34
    Cyclist at fault
Automotive

Comments

  • This Guy on 11/12/2019 - 12:22
    +2

    You should probably take down the photo's. You have given a home for people who don't like you to attack (the photo was clearly taken in a yard) and a region. Even if you blacked out the carpark signs, the residential flora, paint scheme and layout of carpark give people a good idea on where to look on google maps (I have deliberately ignored other elements which would make the house quicker to find).

    I have never heard of anything bad coming from this site, but if you share that username across sites, it could cause issues.

    I am sorry if this comes off as a personal attack, but if someone I trusted basically gave my address to the internet and said I was a young female, I would be concerned about the security of my home and would second think that friendship.

    Basically, we use paint for a reason.

  • kaleidoscope on 11/12/2019 - 13:43

    What if you give way to a driver coming from right way and then he stops past the intersection and starts reversing as you start crossing the give way line and hits your car…
    insurance can still argue you didnt give way? This is nuts :-(

  • Teddyfinch on 11/12/2019 - 15:08
    +1

    The driver that went the wrong was was at fault. One thing people fail to mention is that she wouldn’t have been going fast in the parking lot so he would have had plenty of time to see her in the intersection. Also, the reason that intersection is one way is because of the massive blind spot the pole creates. The man was in her blind spot. She could have been fully stopped and never have seen him coming.

  • happirt on 11/12/2019 - 15:39

    no point, spilled milk. both drivers need complete defensive driving course, both asking for what they got.

  • Nebargains on 11/12/2019 - 18:06
    +3

    How fast must the other car going to not be able to avoid the accident or stop entirely?

    The white car nearly got through the entire intersection before being hit (as evident in the fact the rear of the car was hit), the other driver was either driving too fast or simply not watching.

    • Kamsi on 11/12/2019 - 22:31
      +2

      The other driver is a fckwit. Simple as that.

  • TheBird on 11/12/2019 - 22:17

    Now GIO are saying shes at fault for fail to give way even know she was:

    [assuming story is true]

    I'd hazard a bet that both insurance companies deemed both drivers to be at fault. "Shes at fault" not not the same as she is solely at fault. She has significantly contributed to the cause of the accident, she's at fault. The other driver would have received a similar judgement.

    It's irrelevent to her whether the other driver is also at fault, her liability will be capped by the excess and won't change if the other driver is also at fault.

    She should take this as a learning opportunity.

    • Capo93 on 12/12/2019 - 08:18

      There is still no response from GIO yet on the review, they advised yesterday that the review would take probably about a week so at the moment GIO have still held Casey 100% at fault.

  • zzzsianzzz on 12/12/2019 - 10:04

    the impact was near the back passenger door, and the arrow near the give way looks to have many tyre marks on the floor. some might not see the sign.
    i can think of one is your mates daughter dashed through the give way without seeing the car and the car crashed, both drivers are blocked by the pillar. if it is at slow speed i think this can be avoided.
    assume your mates daughter car have no dashcam, but westfield should have some cctv survillance?
    i think the debate is at the give way sign, and the car your mates daughter is driving is exit from a minor giveway lane. one scene is your mates daughter dashed through the give way without seeing the car and both cars crashed. if it is at slow speed, this can be avoided by both parties not travelling at high speed. i think the debate might be at the give way sign, one car should be able to stop unless they are travelling fast if they check at intersection. i would say 50% or 100%?

  • Fraggler on 12/12/2019 - 11:01

    woops

  • sa-ozzie on 12/12/2019 - 11:06
    +2

    Surely the driver going the wrong way is mostly in the blame…you have to to give way to the cars going the correct way

  • jparga on 12/12/2019 - 21:31

    In your drawing you put a " wrong way" sign could not see it in pictures, if that sign actually exists that will make the insurance battle easier…..also that other car hit her in the back of her car….

    • Capo93 on 12/12/2019 - 21:34
      +2

      Sorry I did say I would upload the wrong way signs the other day but never got around to it, here they are.

      https://ibb.co/Pwr80YZ
      https://ibb.co/qkP15Bn

      • jparga on 12/12/2019 - 21:41

        I see the sign is in the intersection and is not small, I will definitively fight the insurer, but they always try find a way not to pay, car should be a repair not written off…

      • Euphemistic on 13/12/2019 - 06:20

        Is that a legit street sign? Or just something they made up?

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