Who Is at Fault - Car Accident

ca4cpa on 10/08/2020 - 11:50
Last edited 10/08/2020 - 19:59

Please advise who is at fault on the car accident.

Driver 1 : ME : waiting for car behind me to clear my way so I can come out.
Driver 2 : Passed my car, which I check on my left mirror. Then reverse and trying to park next to my car (driver side).

Once he passed me, I move my car looking on any car coming from driver side, and behind.
During this time, Driver 2 started to reverse and I bumped in to his car.

diagram:
https://files.ozbargain.com.au/upload/105722/81880/accident.…

Thier insurance company advised me that it was my fault as I did not follow s74.

http://classic.austlii.edu.au/au/legis/vic/consol_reg/rsrr20…
**** The driver entering the road must give way to—
(a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from a road related area or adjacent land); and (b) any pedestrian on the road; and
(c) any vehicle or pedestrian on any road related area that the driver crosses to enter the road; and
(d) for a driver entering the road from a road related area—
(i) any pedestrian on the road related area; and
(ii) any other vehicle ahead of the driver's vehicle or approaching from the left or right.

I am arguing that he didn't follow 296(2).

http://classic.austlii.edu.au/au/legis/vic/consol_reg/rsrr20…
** Driving a vehicle in reverse
(1) The driver of a vehicle must not reverse the vehicle unless the driver can do so safely.
(2) The driver of a vehicle must not reverse the vehicle further than is reasonable in the circumstances.

Advise what should I do? Am I at fault?
Thanks in advance.

Automotive

Comments

  • PissLUR on 10/08/2020 - 11:53
    +28

    its your fault for not checking.

  • Baysew on 10/08/2020 - 11:53

    What did your insurance company say?

    • JimmyF on 10/08/2020 - 13:14
      +1

      What insurance? Its why they are posting here!

      • Baysew on 10/08/2020 - 13:19
        +2

        Sorry, I must be new here.

  • SnowDragon on 10/08/2020 - 11:58
    +15

    tl;dr:
    OP wanted to reverse out of a park
    Car A drove past and OP thought the coast was clear
    A then started reversing into the spot next to OP
    OP reversed into A

    You are at fault OP. You should have seen the car slowing then reversing in your mirrors.
    While reversing you should be looking everywhere behind you. In your diagram it shows you had empty spots either side of you so there were no cars obstructing your vision. A glance in your left side mirror would have shown the car still there with reverse lights on.

  • Godric on 10/08/2020 - 12:00
    +11

    You're uninsured aren't you?

    Also, At Fault.

  • ykwon10 on 10/08/2020 - 12:01
    +5

    Based purely on info provided, imo you are at fault.

  • Euphemistic on 10/08/2020 - 12:02
    +5

    At fault.

    • DashCam AKA Rolts on 10/08/2020 - 14:21
      +3

      I'll continue the chain.
      At fault.

      • Ramrunner on 11/08/2020 - 10:28
        +2

        Rolts used,

        Mine: At fault.

  • 87percent on 10/08/2020 - 12:10
    +9

    ** Driving a vehicle in reverse
    (1) The driver of a vehicle must not reverse the vehicle unless the driver can do so safely.

    doesn't this rule state what you're not following?

  • Hithere on 10/08/2020 - 12:17
    +8

    Thier insurance company saying that it was my fault

    Correct

    /thread

    • Muzeeb on 10/08/2020 - 13:33
      +6

      Incorrect.

      *Their.

      /thread

  • Drakesy on 10/08/2020 - 12:18

    Sorry OP you're pulling into the lane which has right of way, therefore impeding traffic.

    Although if the driver in the ROW drove far past the spot then reversed down the lane it could be interpreted differently as the other car was not driving correctly.

    Unfortunately you're at fault though if the second driver just pulled ahead so they could reverse into the spot.

    • Euphemistic on 10/08/2020 - 13:37

      pulling into the lane which has right of way

      no one has right of way.

      pulling into the lane and must give way to all other vehicles in that lane.

      Is more correct. Minor change of phrasing, important but subtle difference.

      • Drakesy on 10/08/2020 - 13:47
        -1

        ?

        • whooah1979 on 10/08/2020 - 14:37

          Australia doesn't use the right of way legal concept in road rules like they do in other countries.

          • terrys on 11/08/2020 - 08:01

            @whooah1979: I've driven in Australia, the U.K., B.R.D [Germany] and New Zealand, where many believe there is such a "right of way", however there is only a duty in set circumstances to give way.
            I'm not aware of a nation where a 'right of way' exist, except where such is one taken by rulers or military…

  • ozhunter on 10/08/2020 - 12:29
    +2

    During this time, Driver 2 started to reverse and I bumped in to his car.

  • k-rokfm on 10/08/2020 - 12:31

    Please advise who is at fault on the car accident.

    If you need to ask then….

  • Ughhh on 10/08/2020 - 12:50
    +2

    You coming out of a car park spot, is like coming out of a driveway. You give way to all vehicles and pedestrians.

  • resubaehtgnolhcs on 10/08/2020 - 12:59
    +2

    OP were you in a carpark? If so, then I believe that the road rules you have cited do not apply (in a strict sense). Generally speaking,insurance companies usually deem any accidents in a car park as 50/50 responsibility (of both drivers). YMMV

    • robberbutton on 10/08/2020 - 14:44
      +1

      Most road rules still apply in public car parks, as they are road-related areas

      (1) A "road-related area" is any of the following:
      …
      (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.

      Src.

      Also Rule 11:

      These Rules apply to vehicles and road users on roads and road related areas.

      • resubaehtgnolhcs on 10/08/2020 - 16:04

        I thought car parks in shopping centers etc are private property and the roads in them are treated as private roads?

        • whooah1979 on 10/08/2020 - 17:24

          It depends on the gate.

        • robberbutton on 10/08/2020 - 18:36
          +2

          Nope, if they're publicly accessible, ownership doesn't matter.

    • andrek on 11/08/2020 - 10:31

      If it's a car park the repairs are covered by each party for their car. Happened to me in the past, insurance pretty much said "we'll cover your car, they cover theirs". AAMI, NSW.

      • John Kimble on 11/08/2020 - 10:38

        Surely it's determined on a case by case basis?

        • andrek on 12/08/2020 - 07:49

          At the time the insurance ppl didn't even finish listening to me describing how everything happened. As soon as I mention carpark they said "each party covers their costs" so I didn't even bother submitting the claim, my damage was insignificant. ¯_(ツ)_/¯

  • jv on 10/08/2020 - 13:17

    Was your car automatic or manual?

    • kaleidoscope on 10/08/2020 - 23:17
      +3

      yes

      • jv on 10/08/2020 - 23:28
        +3

        Then it should be twelve.

  • Xistn on 10/08/2020 - 13:23
    -2

    Cyclists fault!

  • Muzeeb on 10/08/2020 - 13:32

    Please upload dashcam footage

    • DashCam AKA Rolts on 10/08/2020 - 14:28
      +7

      ☑ MS Paint diagram
      ☐ Dash Cam footage

      • ca4cpa on 10/08/2020 - 17:29

        Dont have dashcam on back.

        :(

        • Euphemistic on 10/08/2020 - 20:21

          Good reason to park tail in next time.

    • Zachary on 11/08/2020 - 15:12

      I think you meant rear cam not dash cam since dashcam records the dash…..

  • whooah1979 on 10/08/2020 - 14:15
    +3

    Both vehicles was reversing and the collision was rear to rear? If yes than 50% 50% fault.

    • John Kimble on 10/08/2020 - 15:36

      I think that's fair in this instance.

      They both should have checked.

      The other car could have parked almost anywhere else…almost seems like an insurance job, especially given they only have 3rd party…but I'm guessing damage would have been minimal…

    • RibaldGadfly on 11/08/2020 - 07:19
      +2

      Yes, agree.
      This doesn't have to be an absolute. Clearly there was an element of negligence from both of you.

  • dizzle on 10/08/2020 - 14:37
    +2

    ** Driving a vehicle in reverse
    (1) The driver of a vehicle must not reverse the vehicle unless the driver can do so safely.
    (2) The driver of a vehicle must not reverse the vehicle further than is reasonable in the circumstances.

    That also goes for you. So essentially you both are at fault.
    Both are reversing, both didn't have awareness.

    However you were exiting a car park and I believe the onus is on you more than them. You need to give way to all as you were exiting the parking spot.

    Most likely your insurance will pay for your damage (after you've paid the excess) and his insurance will deem he was at fault as well, so he will have to pay his excess for his repairs too.

    • whooah1979 on 10/08/2020 - 14:43

      However you were exiting a car park and I believe the onus is on you more than them.

      The RR 296 doesn't care. It applies equally to all vehicles that are reversing.

  • kanmen on 10/08/2020 - 15:42

    My question is how did neither of you realise you were both reversing when you were both next to each other?? Did it kind of seem like neither of you were moving?

  • pegaxs on 10/08/2020 - 18:02

    Insurance company is right. You need to give way to them, 296 comes into play if you were, for example, parked stationary behind them and they back into you, or if you were driving forward and they backed out of a parking space or driveway. You needed to give way to them until they had done what they needed to do.

  • Lexan on 11/08/2020 - 03:28
    +2

    This is why I always reverse park. Easy to get out afterwards.

    • John Kimble on 11/08/2020 - 08:46
      +1

      Perhaps that's what the other car was thinking…

  • OzHunterNSW on 11/08/2020 - 09:37
    +1

    You are.

    You even say YOU bumped into him - whilst reversing.

    You should have waited until Driver 2, was fully parked.

    It is quite clear you need to redo the drivers test in order to understand the rules.

    Who would you blame if you ran over a child??????

    • whooah1979 on 11/08/2020 - 10:23
      -1

      Both vehicles were reversing. They were both legally required to give way to all traffic.

      • ozhunter on 11/08/2020 - 10:42

        Yea, but it was the OP who bumped into the other guy.

        • whooah1979 on 11/08/2020 - 11:17
          +1

          During this time, Driver 2 started to reverse and I bumped in to his car.

          Both vehicles were moving at the same time. Driver 2 "bumped" into OP rear just as much as OP "bumped" into driver 2's rear. This is a 50% - 50% at fault claim.

          • ozhunter on 12/08/2020 - 12:58

            @whooah1979: Based on the image, depending how accurately the X is, I'd agree with you. But when the OP says he bumped into the other car(not that they reversed into each other), it sounds like it is his fault.

    • Gnosh on 16/08/2020 - 10:41

      Can answer this question. OP would blame the child.

  • 82norm on 11/08/2020 - 11:33

    Of all the parking spots available, this person chooses to park next to you. I blame the other driver!

  • Bargainbattles on 11/08/2020 - 11:56
    -4

    Are you both women drivers?

    • whooah1979 on 11/08/2020 - 11:57
      +1

      Ohhh. You didn't just go there.

      • Bargainbattles on 11/08/2020 - 12:01
        -2

        Well alot of women don't turn there heads . Op said they checked her mirrors but never said they she done a head check

        • kerfuffle on 11/08/2020 - 13:03

          Wow, sexist much? Also, where was it implied that OP is a female?

        • pegaxs on 11/08/2020 - 16:25
          +4

          Double down dude… ask what ethnic group they are as well. Then for the trifecta, you can ask how old they were…

          I've seen just as many idiot male drivers as I have female.

  • doctordv8 on 11/08/2020 - 17:55

    Your fault, no ifs or buts on this one.

  • b0rnwithabeard on 11/08/2020 - 18:24

    and I bumped in to his car.

    You already answered your own question

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