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QLD Who Pays for Damages After Car Reversed into Another?

Discussion in 'Traffic Law Forum' started by Andrea Prince, 23 July 2016.

  1. Andrea Prince

    Andrea Prince Member

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    Hi Guys,

    I was in a residential street visiting a friend. I was pulling in to park behind a car who had already parked. They had no reverse lights on at the time, but as I was gliding in behind them they put their reverse on and started backing - I slammed my brakes on, and screamed at them, but they kept on coming and hit me.

    The driver had decided that they wanted to move their cars tyres up onto the grass as she felt she was too exposed on the side of the road. She caused no damage to my old car but she says the sensor on the back corner of her car is broken and her backlight is loose and so wants me to fix it. There was no scratch on her car.

    This happened 12th May 2016 (10 weeks ago). She had let it drop and I had forgotten about it - but today she contacted me about it and wants the payment. I have no car insurance and she says that I am in the wrong. I believe I am not in the wrong as she reversed into me.

    What does traffic law say please?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi there,

    RACQ publish some at fault principles which can assist at determining who is generally at fault in certain circumstances. They are as follows:

    • In rear end collisions, where there are only 2 vehicles the car that hit from behind is typically at fault.
    • If a stationary vehicle rolls into vehicle behind it, front car is liable regardless of how close rear vehicle was behind it.
    • In car park situation,
      • if both cars are reversing from opposite parks and collide then both equally liable and should share damage bill.
      • If one car had stopped reversing and was stationary when impact occurred then other car is liable for damage
      • if only one car was reversing and they reversed into stationary vehicle driver of reversing car is liable.
    Based on this, I would say you have fair grounds to argue that you were not at fault, as the other driver obviously wasn't aware of what was going on around her or taking notice of what was behind her before she started reversing.

    If you can't determine who is at fault and you are not insured, a claim can be made to the Queensland Civil and Administrative Tribunal if the amount of the claim is less than $25,000.
     

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