Question About An Accident That Happened :(

[Aeris]

Hi guys!!

Last saturday my baby was hit

I was reversing out of a parking spot at Chatswood westfield, mind you there was a massive 4WD to my right, but it was one way only flowing from left to right, i eased out and bam, a car <With kids in it mind you> hit my right rear corner... minimal damage, but i'm wanting to know.... from the general perspective i'm not at fault am i? ... as my insurance company <just cars> stated i'd have to pay the premium and when it's assertained that i wasn't at fault, they'll refund it... quite frankly at the moment i can't afford to pay this premium as i've just paid rego, insurance on my car and motorbike also <all hitting within a 2 week period no less >

Any help or advice would be greatly appreciated!

thanks alot!

[Duncan]

very interesting question about who was at fault? what did just cars say?

You have to pay your excess until they decide for you who was at fault. And if they decide it was you you obviously dont get it back. If it is clear you are not at fault and you have the other drivers details you do not normally pay the excess.

So I guess I am saying they may think you were at fault....not reversing safely? or maybe fault will be 50/50?

[satanic]

Can there be such a thing as 50/50 fault? In this case all he was doing was reversing out of a parking space... whereas the other car was actually driving - I think the situation would depend on whether or not the other car was stationary at the time?

If it was then its your fault for backing into them, but if they were moving then they're at fault for negligent driving.

Hope the outcome is sweet for you; I'm with JustCars and I think this type of accident is rather common so I'm very interested to know.

[ECR033]

Tough one...

In theory, I would have thought that you would have had to give way to cars moving through the car park before reversing out of your car space. On the other hand (and I'm not sure if I've understood this correctly), it seems like you're saying that the car that hit you was travelling in the wrong direction...is that right? If so, then I think you definately have a case to argue that you're not at fault. What did the other driver say...did they admit fault?

Either way, I don't think you can avoid paying up the excess, at least initially. If they can't determine fault, I'm pretty sure that you'll still have to pay the excess unfortunately, as each insurance company will pay to repair their own customers damage without recovering the money from the other party.

Hope it works out for you mate

[Kennedy]

The moment you take your foot off the brake (reversing) it usually becomes your fault. Even if the car is going the wrong way down a one way street. The person driving "forward" has a right of way and the person "reversiong" should only do so when the coast is completley clear. Thats the way the police and the insurance will look at it. It sucks I know coz it happened to me.

I was reversing out of Rosehill BP car space in front of the shop entrance and I'd only reversed back about 15CM when this old Volvo cut accross my parking space and tore off my rear bumper...then he proceeded to keep on driving and chased him down the Maccas and KFC carpark where I pulled him up and threw him in the big sulo bin while I waitied for the COPS to arrive. I told the cop the story and he proceeded to advise me that he still had right of way cos I was in reverse and he wasn't.

f**ken moots

[DLuded]

i think it would be your fault

the driver (you) has to look out for everything. its like if someone is crossing the road illegally and you hit them its still you fault

[SECURITY]

it depends on how far out you were (wether or not you had established yourself as reversing or if you speedily reversed), if you had 3/4 of your car out when they hit you, i dont think it would be your fault as you would've established yourself as reversing, and at this stage, it would be reasonably forseeable that you would have right of way and that anyone coming would give you way while reversing.

if you were around 1/3 - 1/2 of the way out when it happened then they might see it as you reversing without looking or paying any attention to your surroundings.

[RANDY]

I'm pretty sure that you'll be at fault. Even if you took it to court and claimed that you were 3/4 out of the spot, it's your word against theirs about exactly what happened. Most judges (or police/insurers) would probably beleive the family that were "innocently driving along and was suddenly cut off by a reversing car."

I have heard cases where the fault cannot be placed (50/50 as you guys call it), and both of you have to pay your own premiums. If the damage was minimal, you could offer to pay for your and their repairs without going through your insurers, but i'm guessing that your premium is going to be a lesser cost in this situation.

Incidentally, if you hit a pedestrian that was illegally crossing the road, you aren't at fault (as long as you can prove it... a witness is helpful), same as if you intentionally rammed an unregistered car that was driving... if it/he/she isn't supposed to be there in the first place, in theory, you wouldn't hit it/he/she if it actually wasn't there.

[Aeris]

Thanks for the replies guys,

I know the damage to my car is less the 1000, and my excess is 1500!!

Hopefully will have all the answers tomorrow, as the quotes should be arriving.

[Merli]

I'm sorry to say that I'm pretty sure that you'll be found at fault.

Fact is, that you should have made sure it was 110% clear before you started reversing.

The whole "going down the wrong way down a one way passage" could give you ammunition to fight it though.... Worth a try I guess?

Good luck mate!

[TommO]

Often insurance companies decide that both parties pay their own costs (covered by your insurance company) in situations like this, when it's very hard to determine who is at fault.