Hire Car Accident Not Sure Who Is at Fault

Lcontino247 on 01/11/2023 - 19:27
Last edited 02/11/2023 - 09:45 by 1 other user

I had a accident with my housemate's insurance hire car (I am not a listed driver on his policy).

I turned into a street, I drove into 20-30 metres. Next thing I know a car has hit me. My front left side hit the back side of his car. When I got out and talked to him, he said he was reversing out from his driveway. He saw me coming but I obviously didn't see because there were cars parked on the side of the street. He mentioned that he saw my car coming and he also said that he had the right of way and I should have stopped.

I am wondering who is at fault here. I am feeling overwhelmed and dazed at the moment, I am wondering who is at fault here? How should I proceed with a claim?

Automotive

Comments

  • Bargainitis on 01/11/2023 - 19:33
    +11

    Usually (and I mean usually) the person reversing needs to give way. I assume you are driving down the street in an orderly fashion.

    Good news is you know where he lives so I would go and speak to him and explain that if he is reversing out of his driveway, he needed to give way and its his fault.

    • contino247 on 01/11/2023 - 19:38

      From the conversation with him, he was adamant that I was at the fault. He wasn't willing to budge his stance and I was also overwhelmed at that point.

      • Bargainitis on 01/11/2023 - 19:45
        +1

        the issue now is police don't get involved in minor accidents so its really an insurance to insurance issue now. Sadly that doesn't favour you given you were driving a car that you weren't suppose to drive unless you can drag your housemate into it. Just gets messy.

        My advice is speak to your housemate and see if he can just run it up his insurance. They may not ask that many questions and it'll just be insurer to insurer.

        Buy you housemate a nice dinner for the trouble or a carton of beer, whatever.

        • contino247 on 01/11/2023 - 19:47

          Me and my housemate have a good relationship. He is happy to take it to the insurance. Any advice on what we needed to tell the insurance? I have all the details of the other party in the accident and vice versa

      • Drakesy on 01/11/2023 - 19:57
        +14

        He saw me coming but I obviously didn't see because there were cars parked on the side of the street. He mentioned that he saw my car coming and he also said that he had the right off way and I should have stopped.

        This guy is king of gaslighting if he actually convinced you.
        In no world would someone that is driving out of a driveway onto a road have the right of way.

        Just tell them the deal, the damage would all line up. Although you may need to stump up a bit if lawyers get involved.

        NGL this does have troll post written all over it.

  • AngoraFish on 01/11/2023 - 19:39
    +4

    There are no circumstances where someone exiting a driveway has right of way, even if they are driving forward.

    Also, in before "there is no such thing as right of way".

  • tsunamisurfer on 01/11/2023 - 19:40
    +4

    You did take his details, photos etc right?

    As said above, someone reversing does not have right of way.

    Driving a hire car where you are not the listed driver is incredibly risky.

    You were essentially uninsured, doesn't matter your housemate had access insurance, it or ANY insurance would apply to you.

  • Downvoter on 01/11/2023 - 19:54
    +6

    Don’t bother to reply thus has to be a troll post surely

  • sumyungguy on 01/11/2023 - 19:56

    Neither party should admit liability at the scene. But from what you've described, the other party is definitely at fault. Driver entering the roadway from private property has to give way to everyhing (Australian Road Rules, Part 7, Rule 74). Do you have any witnesses? Worst case you'll have to pay both basic and unlisted driver excesses up front, not unlike driving any car you don't own. But with you being not-at-fault you may recover some/all of this.

  • kerfuffle on 01/11/2023 - 20:22
    +1

    Why were you driving your housemate's hire car, knowing you weren't covered?

  • JimmyF on 01/11/2023 - 20:30

    Hire Car Accident not sure whose fault

    Its always you when its a hire car!!!

    He mentioned that he saw my car coming and he also said that he had the right off way and I should have stopped

    LOL So he saw you and failed to stop….. when reversing!? Yeah his at fault.

    he said he was reversing out from his driveway.

    Road rules say its always the reversing person.

  • MS Paint on 01/11/2023 - 20:36

    Who's?

  • boomramada on 01/11/2023 - 20:37

    Hire Car

    Step 1, you need a police report
    Step 2, give other driver's details to the hire car company
    And let us know the outcome.

  • Gdsamp on 01/11/2023 - 21:07
    +2

    a refreshing new take on the OzB Uninsured driver thread classic

  • redforever on 01/11/2023 - 21:17

    Check your friend's insurance policy. When i had a hire car recently through my insurance, i was told that i am covered under my existing policy for the hire car.

    So if his policy doesn't limit the cover to listed drivers only, you might be covered.

  • DogGunn on 01/11/2023 - 21:51
    +1

    Given he is so adamant that you are at fault, despite him admitting that he was reversing, I would ask him to report to his insurance the situation.

    Should work out for you.

  • netjock on 01/11/2023 - 22:17

    The guy reversing out is living on a different planet. Imagine if it was true, every person driving an unroadworthy tin can of a car would be reversing out at the right time into on coming traffic. Cities will end up in gridlock.

  • angywoo on 01/11/2023 - 22:22

    The fact he is already driving an insurance hire car and has been involved in another incident, is all I need to read.

    Get this bloke off the road.

    • kerfuffle on 02/11/2023 - 08:15
      +1

      It sounds like OP was borrowing his housemate's hire car and the other party was using their own vehicle.

  • Yummy on 01/11/2023 - 23:34
    +5

    I am feeling overwhelmed and dazed at the moment
    Member Since 4 hours 13 min ago

    You must be high af atm.

  • holdenmg on 02/11/2023 - 08:31
    +3

    Seinfeld, Hire Car/Other Driver

    https://www.youtube.com/watch?v=vC4C_Ni2SVc
    (@ 0.40)

  • JIMB0 on 02/11/2023 - 10:41
    +2

    Another day, another uninsured car accident from a new user.

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