NSW Car accident while reverse parking - am I at fault?

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dwilli10

Member
4 April 2022
1
0
1
Hi all,

My wife was reverse parking into one of those rear-to-curb parking spots. The street itself has one lane for traffic going in either direction with a double unbroken line in the middle. As she was reversing, another car tried to overtake her by driving over the double-line to go around her. This is when the collision occurred. The rear, driver side corner of our car appears to have hit the front left corner of their car.

It's hard to find a definitive answer to this. On the one hand I've read that a driver should never overtake on a double unbroken line. On the other hand, I've also read that the car reversing is almost always at fault in any situation.

Who would be at fault in this situation?

Thanks in advance to any and all responses.
 

Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Dear dwilli10,

The most important thing is do not at all in writing or verbal or otherwise make any admission of liability. If someone e.g. other party’s insurer Invites your wife to make admission of liability do not do so at all without first seeking legal advice.

In general, the vehicle behind will be at fault in a rear-end collision. The only times this may not be the case are:
  • If the vehicle in front rolls back into a stationary vehicle
  • The behind vehicle is rear-ended by another vehicle, in turn pushing it into the vehicle in front
  • Other mitigating circumstances that make the accident out of the driver’s control.
From your description, it is not your wife’s car rear-ended into the other car (which in almost all situations including insurance liability setting, the default prima facie would be your car) - no - this sounded more the other vehicle comes into your car from behind. This is subject to assessment and but just with your information I am currently leaning more to the other car being at fault. However there being compound causes to the accident cause it is not definite.

Good luck!
-Nighthleyn