VIC Car Accident - Was I at Fault?

[Blinky Bill]

Hello there,

I was recently involved in a minor crash and I hit a car in front of me. The damage is only a scratch on the bumper. My car insurance company says it was my fault as I didn't keep the legal distance to the car in front of me. I was wondering if that is correct.

As far as I know there are some exceptions to the rule that 100% of the times the driver of the reared car is not at fault. In this case the car accident happened at a roundabout where the car in front of me was waiting and so was I. Then the car in the front started moving but then it suddenly stopped again. I didn't expect the driver to stop again as it was safe to proceed through the intersection, I think both of us were at fault and we should share liability.

Anyone was in a similar situation before?

Thank you!

 

[Homer jay]

You are at fault sorry to say.

 

[Rob Legat - SBPL]

What you're asking considers the concept of 'contributory negligence'. Generally speaking, you must give way to cars in the same lane as you which are precede you. To succeed in a claim that the person is partially responsible for the accident, you would need to prove that their actions in stopping were unreasonable - or that they deliberately did so to cause the accident.

What's counting against you are the requirements to drive with due care and attention and to maintain a safe stopping distance between yourself and the car in front.

 

[Blinky Bill]

Hi Rob,

Thank you for your answer.

I can see your point. Unfortunately I cannot prove the other driver stopped with no reason. It is my word against hers. I guess having a dash camera would have helped.