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Blamed for Car Accident but Not at Fault

Discussion in 'Insurance Law Forum' started by jonesies, 15 June 2014.

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  1. jonesies

    jonesies Member

    15 June 2014
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    I pulled into a car park and proceeded just past my park. Both ways were clear so I began backing and turning into the park, as I was reversing a car came from the opposite direction I was originally going and drove past me resulting in contact on my front drivers side and his driver side just above the back tyre.

    The parking lot had cars parked on both sides and no dividing white line. The car park driveway was not that wide and I was about half way into my park when contact happened. I have been told by his insurance company that I was at fault for the car accident, but feel that he is as he tried to fit past me rather than waiting for me to finish parking. I will be contacting his car insurance company this week pleading my case and would appreciate any information that may help.

    Below I have attached a link of a simple drawing showing before and the contact. My vehicle is the red car.[user]=140557014&filters[recent]=1&sort=1&o=0
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

    13 June 2014
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    It is possible in these types of car for both parties to share the blame. This is called 'contributory negligence'. I'm not saying that's the case here mind you. It is certainly arguable from your description that the other driver failed to keep a proper lookout, for example.

    Do you know what version of events the other driver has given their insurance company? Because it may be different to yours, which would explain why they hold you responsible.

    If you are in NSW ( and even if you are not) the 'Car accidents' section of LawAssist could be helpful, particularly in relation to communicating with the insurance company:,c=y
    Tim W likes this.

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