VIC Pulling out of parking space collision

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kmp

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1 February 2023
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I was reversing out from a 45'' angle parking space onto the main street with a 40kmph limit,I was backing out slowly while using my mirrors and side window to check for cars,There was a roundabout 20 to 30 meters away and there were no cars present when I started to back out ,I had nearly completed backing out when a car came speeding through the roundabout.I braked thinking they would stop or go around me but they smashed into the back of me.
 

Tim W

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28 April 2014
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What is your question?
 

kmp

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1 February 2023
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Sorry ,I wanted to know who was at fault.The other party has sent a letter of demand and I am not sure how to proceed.
 

Rod

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27 May 2014
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Give it to your insurance company.

If no insurance, get legal advice. Based on your story, which might be different to the other side, you likely have the better case. Photos, lots of photos will help.
 

kmp

Active Member
1 February 2023
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Thanks for the reply

Have no insurance and limited funds.
Have contacted Law Institute Victoria who referred me to some law firms that provide a free 30 minute consult but as I understand are unable to give legal advise during that consult.
I feel I am in the right and have looked up how to write my own letter of demand but need to know where I stand legally when it comes to the road rules first.
 

Tim W

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28 April 2014
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...need to know where I stand legally when it comes to the road rules first.
Nah. Road rules are a police problem.
The short and simple answer is that the police can probably infringe both of you.

You're having a civil dispute with the other driver.

Know this - your PRIVATE Letter of Demand will probably be ignored.
A Letter Of Demand usually ends with words that say something like
"Pay me $X by Y date or, I'll bring an action against you. "
--> Sounds a lot like you don't have the money start an action, let alone risk losing one,
and ending up having to pay the other side's costs as well as your own.
 

kmp

Active Member
1 February 2023
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Thanks for the reply

Would making a complaint to the Australian Financial Complaints Authority be an option.

The damages being sought are under the $15 000 limit.
 

Tim W

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28 April 2014
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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,944
820
2,894
Sydney