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QLD Who is at Fault for Car Accident at Car Park?

Discussion in 'Traffic Law Forum' started by Zayne, 2 June 2016.

  1. Zayne

    Zayne Member

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    I was reversing out of a car park space into a one-way zone. I checked left and then right before slowly reversing. As I was reversing I kept checking to my right as this was the direction of on-coming traffic. A car entered the one-way zone in the wrong direction and we collided.

    My partner called the police who said the other driver was at fault for the car accident, however, my car insurance company says it's my fault and have to pay the excess.

    So who is at fault, as I believe that it is not my fault as the other driver shouldn't have been where he was?
     
  2. Rod

    Rod Well-Known Member

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    Ask your insurance company under what basis they are claiming it is your fault. Then check that against your policy and if necessary, if the insurer is registered with the Financial Ombudsman Service, check here, then contact the FOS to work out your next steps.
     
  3. Victoria S

    Victoria S Well-Known Member

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    Hi Zayne,

    Were you both moving at the time of impact? Sometimes the car that wasn't already stopped at the time of impact will be at fault. However, I would think if one party was not following road rules, they would be at fault.

    As regards dealing with your insurer...there are policies that always require payment of an excess, even if you are not at fault - based on your complaint I assume yours is a policy that only requires an excess if you are not at fault and you can provide the name and address and registration number of the other driver. In some cases you can actually pay your excess and dispute fault later, but be upfront with your insurer about this. Paying your excess first can help you avoid delays with repairing your car and dealing with the other driver but you can continue your dispute for a refund of the excess.
     

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