whos at fault

[LEEV8]

hi all i need some advice if anyone can help.today i was on a narrow dirt road and without enough room to turn around.as i backed up passed a driveway that i was going to use to turn around in a 4x4 come out onto the road leaving the left hand side of my ute crumpled.4x4 claiming he had right of way any advice on who is at fault would be grately appreciated

[macca_779]

the other guy was entering the road that you were on. So he's at fault by my rekoning

[klink]

hi all i need some advice if anyone can help.today i was on a narrow dirt road and without enough room to turn around.as i backed up passed a driveway that i was going to use to turn around in a 4x4 come out onto the road leaving the left hand side of my ute crumpled.4x4 claiming he had right of way any advice on who is at fault would be grately appreciated

Hi, the other guy would normally be at fault as he is entering the roadway.
That being said he probly saw you go past and wasnt expecting you to reverse back past his driveway , so therefore it may be deemed you were going the wrong way for that side of the right.

Even though the road was narrow it still has to sides.

The law is strange at times.

[LEEV8]

i had been parked roughly 38 big steps away from the driveway talking to a friend for about 20 mins who saw it all happen(luckly for me).i guess i will have to wait and see what insurance says.thanks

[STEALTHY]

Could you explain the situation better.


You had already started reversing? (in which case you will be at fault)
He just drove straight into you (He's at fault, i don't know of a case where the car in front will be at fault, unless reversing)

Sounds like you both hesitated. But being on a dirt road, it would seem a car on the road is going to be your focus of attention, since there aren't many out there.

[iamhappy46]

4WD is at fault, he is supposed to look both ways before entering ANY road. They should have seen you in front of them and it was their failure to stop that caused the accident.

This would be similiar to you being on a roundabout and someone stopping in front of a motorist who was waiting to enter the roundabout. Would the motorist continue onto the roundabout if your in front of them, if nobody elese was driving around the roundabout.

He should have been looking and if your reversing, your only obligation is to the motorists and pedeastrians behind you...

[LEEV8]

i had been reversing for about 30 meters and there was no car to be seen its a very open road not a tree or bush to block his viewits the left corner of bull bar that did the damage i think the problem was that there was no hesitation not even a skid mark

[STEALTHY]

Not sure what would happen then. If the 4WD was already on the road (not the driveway) then you are at fault, but if he turned out of the driveway and just happened to get you as you were passing it, he would be at fault.

Let us know what the insurance company decide.

[Wonky]

I'm with iamhappy. If he came out of a driveway (which is how I interpret what you said) then it is his duty to check and give way to everything before entering as far as I know.

[macca33]

This is another one that I'd think the insurance mobs will apportion blame to both parties.

In their opinion, you may have 'reversed for a distance longer than reasonable' and he has 'failed to give way' upon entering a road from private property.

Technically, he has caused the collision, however, your actions have contributed to the situation and resultant crash.

Let the insurance mobs work it out and be prepared to pay some excess if they apportion blame to both parties.

Cheers and good luck,

Macca

[diabolic]

This is another one that I'd think the insurance mobs will apportion blame to both parties.

In their opinion, you may have 'reversed for a distance longer than reasonable' and he has 'failed to give way' upon entering a road from private property.

Technically, he has caused the collision, however, your actions have contributed to the situation and resultant crash.

Let the insurance mobs work it out and be prepared to pay some excess if they apportion blame to both parties.

Cheers and good luck,

Macca
Agree with macca here - won't they just say you should've turned around instead of reversing the wrong way down the road?

[Boom]

Could be time consuming. As he was leaving a driveway and entering the roadway he must give way to everything. See the Australian Road Rules. Can view them on rta or equivalent website. I got canned on my bike by a car leaving a driveway. Took 6 months before the other insurance company admitted liability. I provided my insurance company with the relevant section of the rules as well as google earth picture of the scene.
Good luck with it.

[Wingnut]

I would think that the insurance companies are going to play the... your X% and the other driver is Y% at fault game. The reversing vehicle also has to give way to all other vehicles on the road, and the vehicle entering the road has to give way to all vehicles (including pedestrians). Will have to wait and see what the insurance company is going to argue.

[SV8VY]

You will be blamed if you were reversing unless you remember :stick: that you were stationary at the time of collision irrelevant of which side of the road you were on.

[LEEV8]

it was only a single lane dirt road, even to pass an oncoming car u need to slow right down and move over as far as u can (until under body and exhust start to scrape).hope to know more tomoro then its quote time.

[SSINISTER]

you would think that its the other guys fault for not looking in both directions. and insurance mods will do any thing to get out of paying for damages

[mustanger]

You will be blamed if you were reversing unless you remember :stick: that you were stationary at the time of collision irrelevant of which side of the road you were on.

I think there is a very good tip there if you read between the lines ;) Cheers John