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WA Shopping Centre Car Accident - GIO Insurance Making Me Pay for Damages?

Discussion in 'Traffic Law Forum' started by Cliff888, 21 September 2015.

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  1. Cliff888

    Cliff888 Member

    21 September 2015
    Likes Received:
    First I had an car accident in New Park Shopping Centre almost 9 months ago, I was slowly reversing my Mate's 4x4 Nissan 4wd. I checked both mirrors on the sides and the reversing mirror and looked out the back, and slowly started to reverse out there was nothing behind me, at least from what I could see.

    Then I heard a crash sound. I stopped and exited the vehicle to find a small Silver car had reversed at the same time but was directly in my blind spot. In other words, there was no way I could see him. We spoke and he tried to blame it on me. I gave him my business card and heard nothing.

    Now Nine months later I received a letter from his Queensland Insurance Company stating that I now have two weeks from the letter arriving to pay them to pay $2547.04 or they will send debt collectors to me as well.

    My Friend's car has no car insurance and I feel I wasn't at fault as the person had placed themselves in my blind spot. The damage to the car was from the centre to the right caused by the tyre from the 4x4 coming into contact with there vehicle. I suspect they reversed out and didn't look and hit me.

    As this is not a public road, how does Traffic law function in this process? I did the right thing and now Nine months later GIO Insurance are trying to get me to pay for the damages and his no Claim as well.

    Please help to tell me and guide me as my best direction legally.

  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Cliff888,

    Whilst there are no hard and fast rules as to fault, in circumstances where there are 2 cars that are both reversing from opposite parks and they collide, then both of the drivers are equally liable should share the total damage bill or each agree to repair their own car. However if one of you had stopped reversing and was stationary at the time you collided - the car who continued to reverse is liable for damage to both vehicles.

    Based on what you have stated above, it sounds as though you and the other driver are equally liable, unless one of you was already stopped when the impact occurred. Therefore, I would write back to them and say that you will agree to pay half of their costs. Driving uninsured you bear the risk of something like this happening and unfortunately there is nothing you can do to simply get out of paying. You could try to fight it in court, but considering that you are basing it on simply "feeling that you weren't at fault" I am not sure of your prospects.
    winston wolf likes this.

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