NSW Reversed into Car Going the Wrong Way?

Discussion in 'Traffic Law Forum' started by Jamie Watson, 30 October 2018.

  1. Jamie Watson

    Jamie Watson Member

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    I was in a car park and reversed. A car driving against the directional arrows in a one way section of the car park hit me. I lodged a car insurance claim and my insurer has said that I am at fault because I was reversing. Do I have grounds to challenge this? What would be recommended as a next step?
     
  2. Adam1user

    Adam1user Well-Known Member

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    I am not sure about it but from common sense is that you should take care when reversing, this will be the main point, but if you can show or prove that you were concentrating on the side where the vehicle should be coming (direction of the arrows) then your attention was not towards the vehicle that was coming opposite the direction of the arrows.

    This could be your point to argue, but as I said before, the responsibility is on you to take care. This is my opinion only and I may be wrong, there is someone who worked in the insurance industry who may provide his opinion.
     
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  3. sammy01

    sammy01 Well-Known Member

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    check your policy. You're likely to find there are some crazy exemptions. So for example, if you hit a cyclist or pedestrian, you are almost always gonna be considered to be 'at fault' from the polce in NSW and hence the insurance company will play along that same way. Effectively you backed into another car.

    Not saying I agree.
    That is the way they often play it... How do I know? My mate hit a cyclist. The cyclist was visually imparared in one eye and blind in the other. My mate hit cyclist, or to be accurate the cyclist hit my mate's car on the blind side (literally). Police and ambulance called. Cyclist wasn't badly hurt, but ambo was a pecaution... So despite cyclist admitting that she was at fault, the driver was deemed legally 'at fault'.
     
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