help with a "whos fault is it"

[inark]

A while ago i got in an accident (like 2 years ago). I need to know whos fault it is... i would be leaning towards mine which is why when i found out they were taking me to court i never bothered to fight it. But i want to know incase i shouldnt have to.

heres a pic.

sifnt l3373s7 paint skills

heres the explination...

LEGEND:

Pink Car - Me

Black Car - Other driver

Green Car - Stationary Wreck from panel beaters

Yellow Car - Chris

Chris needed to get out of his car park at appx. 5pm

My car was blocking his path and as such had to be moved.

I got into the car, did the usual checks, rear mirror, side mirrors, seat belt and nothing was in the way.

I then proceeded to turn the car on and put it into reverse while still checking the mirrors.

Gipps St is very busy at this time.

I proceed to reverse the car while turning around and backing the car up, looking out the rear window

of the hatch and the side windows to see what i could.

Then i impacted with another car. (the black one on the pic)

The car had pulled in to do a 3 point turn from the otherside of the rd or maybe even from the same side

i still do not know what she was doing.

My question is, whos fault is it?

PS. i left out the car that was parked in front of mine which meant i couldnt move fwd.

[inark]

oh yeah the reason this was never sorted out there and then was because of the stupid insurance company i was with... who said "theyd sort it out" after i faxed all this and the info thru... well a month back i got a letter saying that the ppl in the accident were requesting i pay the money... so i tried contacting the insurance company again and again to no avail then they (the idiot driving the other car) took me to court without me even knowing and got awarded that i pay them!! all because i never got back to the solicitors in time cause i was waiting for the insurance company to hurry up and get back to me... i wasnt even told of a court hearing in regards to it so had no chance to defend myself... so now i have a summons to go to dandy court this wednesday to organise payments.

meh

[Al]

That is one tough scenario. I would think that the other driver was at fault as she was completing a turn, thus must give way to all moving traffic. I would be inclined to ask vic roads.

Man, i hate to say it but it was a bad idea to not resolve the issue asap.

Are you able to appeal the finding? If they did not notifiy you how the hell are you suppose to show up for the hearing. I would ask for proof of notification, as that is just BS!! If your insurance company was to take care of it, i would seriously consider seeing a lawer and maybe suing them for not doing their job. Also if you were insured at the time of the accident and it is deemed to be your fault, shouldn't you only need to pay the excess required for a claim at that time, hell that's why you are paying for insurance.

[inark]

yeah i know... i thought that they would have taken care of it and shared the view that it wasnt my fault and thus not had to pay the excess (what i thought) as it was the other persons fault... i knew nothing about how it all worked and just thought id let them handle it as they said they were going to.

i dunno... its all ***t up... worse comes to worse they get 50 a month out of me for the next few years lol *** em

[skyline33]

thats defenitely a tough one, It could be either depending on which way you look at it. from what your saying you were looking behind you, did you see the car driving into you or not?? did you brake, then they hit you or were you reversing while they hit you??

[predator]

So where did you impact? Did they impact while you were still reversing, or when you went to go forward??

It could be 50/50... when turning you need to give way to all ongoing traffic. Likewise when reversing you also have to give way to all ongoing traffic.

Insurance companies can dick around for months. Once it took 6 months to get a car fixed after an accident!

btw: there is a limit on the amount of years they can take like something this to court. Might want to check on that.

[JET-33]

its really gay and unlucky but i think it is your fault nark...

[inark]

yer they pulled in behind me as i was reversing.... its hard to see something like the low front of a car thru ur back window and as i checked my side mirrors thats when we impacted.

[predator]

I still think it still could be 50/50, as the other guy should have given way, and both couldn't fully see everything before doing what they were doing. It sounds like just one of those freaky unlucky things that neither party could avoid.

It sucks, 'cause often reversing you just have to go and hope that nobody is coming, especially in car parks with fugged up 4WD's where you can't see shit through them!

[pushead]

actually nark, your car shouldn't park opposte direction of traffic. it has to park in the correct direction..

[inark]

lol u nob it is parked in the right direction but to get out i had to reverse....

sif that idiot couldnt have seen me reversing tho

[clarkey]

Yeah I think it is your fault Nark. Its like reversing out of a driveway (youre just not supposed to do it).

[inark]

oh well... they'll get there money over a 40 month period then lol

JET whats ur dad say?

[RedS14T]

Was the street double lined? Were they doing a 3 point turn or pulling into a driveway? Were you/they stationary when you/they collided?

In either case it would be best to get a solicitor on the day.

Cheers!

[inark]

cant remember the lines... will go down and check.

they were doing a 3 point turn... all the other parks in our building were taken... i was parked on the side of the street where i park everyday.

the double lines is a good point.

[RedS14T]

If its double lines they broke the law, UNLESS they were entering a driveway.

But its up to the court decide with their idiotic principles who caused the accident..

Good Luck!

[Milk]

nark: i ask my frends whose pro at car accidents

he say if u already reported to ur insurance company and they send u the claim number also u paid the excess fee. then when the court day comes u show the magistrate ur documents from ur insurance company. it will be the insurance's fault for not paying up.

if u didnt have claim no.s and didnt report, and the other party does not have witnesses then u can defence for urself, saying that u wasnt reversing while the black car impacted with u, argue that the black car should take full responsibility for it since ur car wasnt moving in anyway. say u were just parked there talking on the phone. but if the other party got witness, then most likely u will lose. otherwise the magistrate will either make u win or both at fault-"to deal between u and the other party".

why it took so long to proceed what happened 2 yrs ago due to maybe the other party repaired the car themselves and now claiming back there money, but this they have to prove that the invoice day was like 2 yrs ago.

I hope U are fine Inark, i pray for you:)

[inark]

hehehe nah i aint lying... i was moving.

silly cow... i'll go past there tomorow night with the camera and check the lines.

as for the insurance company they never gave me a claim number they just said they would take care of it.... which they never... never being in an accident or even using insurance to make a claim i took their word for it on face value... should have consulted my parents about or something as they would have told me that they needed to give me claim numbers etc.

meh its not really that bigger deal... its only 2k.

[Milk]

nark:i am sure if u can save up the 2k u will b happy coz u can contribute more to something u like!

then...do they have witness? u know...the insurance company is really shifty....u got no prove now!! i will never trust any associations unless they give me prove of evidence!! ok if u are not lying then u mite lose...or maybe both-at-fault...but this is a disavantage for ya...so the magistrate might take the first option..mm:( i was like telling the truth aboout my accident so i got diversion...i think if u b sorried u mite get diversion too?

u know if the case is braught to court...u will be recorded as convicted....so should get some legal advice....

otherwise i can ask fren more...

[inark]

no its not a conviction case lol they already took me to court without me knowing.