NSW Traffic Law - Who is at Fault in Parking Incident?

[Anna Giessler]

My son was involved in a parking incident. He had moved into the curb and was parked, then noticed that he was in a no parking zone, so he put on his left indicator, checked his mirror, and slowly started to move forward across a drive way to a parking spot further on. His speed was rolling.

A car comes up beside him (that did not indicate) turned into him to get into the driveway, and they collided.

I do not know who was at fault, if either.

Details were exchanged at the accident. My son, being young and inexperienced, and a gentleman, felt he was at fault (I was overseas and left him to deal with it).

My son put in a claim through our car insurance company that was rejected. He was a nominated driver and I forgot to tell them that he lost his drivers licence two years prior for 3 months when he was on his P's and got a traffic infringement notice over a double dermits weekend.

The other party then went through there insurance company. Their insurance company is now chasing my son to pay. My son has never verbally told anybody that he is at fault, nor as he submitted any diagrams etc.

Are we liable?

 

[Rod]

I'd say largely yes. When moving a parked car you have to give way to everyone already on the road. Try again with your insurance company. They are not supposed to use minor infractions as a way of avoiding a payout.

 

[Anna Giessler]

I was insured with budget at the time, but have since moved the car insurance to another company. Would this affect the outcome?

 

[Rod]

Contact whoever you had insurance with at the time of the accident.

 

[Anna Giessler]

Thanks

 

[Clancy]

Based on what you describe, the other car is in the wrong for turning without indicating. However, its hard to prove isn't it? And based on a situation of your word against theirs, they have the generally more believable position.

Whats the moral of the story? Dash cams are good!

 

[Rod]

Driver of parked car has to give way to traffic on road, even if car on right is turning left. ROAD RULES 2014 - REG 87.

Driver in traffic is wrong for not indicating.

Who shares the greater blame - driver of parked car.

 

[Clancy]

Driver of parked car has to give way to traffic on road, even if car on right is turning left. ROAD RULES 2014 - REG 87.

Driver in traffic is wrong for not indicating.

Who shares the greater blame - driver of parked car.

Strange conclusion? Is it correct legally i don't know? From a logical stand point the not indicating part means that the driver of the parked car has no way of knowing the other car will turn? If however being psychic was a requirement of holding a drivers license, then i would agree the driver of the parked car shares the greater blame.

 

[Rod]

The driver of the parked is not to move until the roadway is clear. I gave the road rule - you can look it up. He has the responsibility to wait until all is clear. If he makes a decision to move because he thinks it is clear, and he causes an accident, then he is wrong. He has to anticipate (mind read, have psychic abilities, whatever you want to call it, or wait just in case) and if he gets it wrong then he is in the wrong.

To do otherwise invites chaos on the roads because people will just say 'well, I'm not psychic, how was I supposed to know he was going to do that'. I've never heard of failing to be psychic getting them off from their duty to drive responsibly and within the road rules.

 

[Zerojay]

Regulation 87 applies only to drivers entering a marked lane or line of traffic. Creeping forward alongside the kerb may be neither.Perhaps the other vehicle turned from the line of traffic into Anna’s vehicle?