QLD Someone hit my stationary car and blaming me

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Saturn1

Member
22 August 2020
1
0
1
Good morning,

My 4WD was parked in a client’s driveway. I do have a bike holder attached legally to the rear that was sticking out a little bit over the shared road of the retirement village. The neighbours to the left of my parked car drove out ( adjacent to the driveway) and hit my bike holder causing damage to their front left side corner. The driver left the scene of the accident just after they called me outside to witness the damage to their car (within 5 mins) The husband ( wife was the driver) claimed it was my fault as the bike holder was a hazard sticking out, despite the fact that they saw the hazard prior to manoeuvre of their vehicle and hit it. The man verbally told me this. He said he will put this through insurance with me at fault. The driver has had a prior car accident before recently. After research I thought someone hitting a stationary car was always at fault but would like clarification considering my bike holder was sticking out abit. Because the car left so quickly I had no time to take photos of their damaged vehicle ( no damage to mine just low scratches on the bike holder. I have not claimed fault
Thanks
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Typically, in "insurance-think", the moving car is rebuttably presumed to be at fault.

But... that assumes that the stationary car was parked (or stopped) lawfully, and
that how it was parked was not in some way negligent.

The way you say you parked sounds as though it was negligent.
You did not park with proper care and attention, given the modifications to your vehicle.
You either should have parked properly, or, parked somewhere else.

Going only by what you've said here, missing facts missing and
with any unstated or undisclosed facts, ifs, buts, maybes, unlesses, and exceptions not allowed for,
I reckon this one's on you.