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QLD Car Accident at Car Park - Who Bears the Cost?

Discussion in 'Insurance Law Forum' started by Vaibhav Gadkari, 27 November 2014.

  1. Vaibhav Gadkari

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    Hi,
    This query is about a car accident. My car was parked with in car park of a shopping centre with nose in. I was reversing my car out of car space. I was watchful for other cars passing by and after confirmation that no car is passing I started reversing. The car exactly behind me had also reversing lights on (so intended to reverse) but did not start. I waited for about 3-4 sec confirming that no vehicle (including the car behind) is passing by. I reversed just enough and was watching in front so that front of my car gets clear of adjacent parked car.

    Suddenly, the car behind me hit my car (so he was reversing). I drove back in my car space and he drove back his. I got out to see the damage. The right hand side bottom reflector plate is damaged and rear bumper is little deformed but no discolouration. The driver of the car was initially reluctant to exchange the details but I insisted and he exchanged his details. The interesting thing was he was NOT carrying his drivers licence.

    I lodged the claim through my car insurance. They are of view that I should bear my damage cost. Even after telling that the driver was without licence, they want me to bear the cost. The recent inspection from my insurer has given a quote of $1010. My excess is $800.

    Can you please tell me if I have to bear this cost or the driver at fault should pay?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi there,

    I believe in this situation you would both likely be considered to be at fault, so each party would have to bear the cost of their own repairs - or the excess on their insurance.

    I don't think you have much chance of challenging your insurer's determination on this.
     
  3. Vaibhav Gadkari

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