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QLD Car Accident at Car Park - Who is at Fault?

Discussion in 'Traffic Law Forum' started by Mr Shadow, 12 January 2016.

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  1. Mr Shadow

    Mr Shadow Member

    12 January 2016
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    Whilst I was reversing out of the car park at my workplace, another one of the workers that works in administration was in a hurry and was speeding through the carpark where he rear-ended my car. After telling me he was late for an appointment with the doctors, he said we would sort this out later.

    He then told the bosses that I had reversed into his car and that I was at fault. He is now demanding I pay for the repairs to his car ($400) due to the car accident.

    My car sustained little to no damage and is easily repairable for no cost. He has sent a letter of demand to me now after I refused to pay him the money.

    Can he legally take this further despite him being at fault under Traffic Law? There is no camera footage of the incident security nor dashcam.

    It is his word against mine.
  2. Tim W

    Tim W Lawyer

    28 April 2014
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    Write back to him and refuse again.
    This is his fight - leave him to pick it.
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    The general rules are that in the case of a rear end collision if only two cars are involved , the car that hit from behind is liable. However, if the front car back into a stationary car behind the front car is liable. Where cars are both moving at the time of the accident, generally liability is shared in proportions determined by a court. You can argue that he was speeding and driving dangerously and, therefore, caused the accident, and made an admission of sorts - at least that he was speeding. However, 100% fault against him cannot be guaranteed.

    I agree with Tim W, stick to your guns and refuse to pay for the costs. He will have to incur legal costs to prove his case in court, which will be difficult.

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