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Thread: Who is wrong?

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    Default Who is wrong?

    2 weeks ago I tried to reverse out of a carpark along the railwayline. I checked andeverything was clear.
    Left,right and the street entering behind me with a stop sign.
    I moved about 1 metre out to double check the traffic,and bang,I got hit with full force in the behind.
    This car had the stop sign,the woman said I didn;t see you.
    Big damage on my commodore wagon.Coudn't evev open the Tailgate.
    Now,even my insurance said it was my fault for obstructing the road.
    But the RMS rules state.A stop sign has to give way to anything on the road until it's safe to drive on.
    Now the other insurance want to charge me,even they haven't be able to get a quote for their car after 2 weeks.
    What do I do now???
    Any advice is appreciated.



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    I would hazard to suggest that your insurance company is trying to avoid liability, they often do these days. Did she stop at the sign? It would seem tome that she failed to see you because she wasn't looking, but that's just a mugs opinion. If you are in reverse, then there are reversing lights she should see.

    I would consult a lawyer, as much as that sends chills up my spine.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    I am not aware that reversing out gives you any right of way.
    Stop sign and distance from it is the question here.
    I test drove a Tesla X P100D. I am going keep driving my 22 y/o diesel until I can afford a second hand one or die trying.
    This is not a car it is a space ship.



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    It's because people nowadays can't wait, even for a little bit. I hate it when you are trying to reverse out in a parking lot and some idiot has to come squeezing past behind you in the tiny gap as you're almost fully reversed out already. A few second's patience on her side would have saved you both all this drama.

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    Distance from the stop sign to where you were hit please!
    There is a fine line between "Hobby" and "Madness"

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    Quote Originally Posted by allover View Post
    Distance from the stop sign to where you were hit please!
    Yes I said the already.

    Gulliver don't go to a Lawyer(yet).
    Try to contact someone like this :

    They may be able to assess at what speed the other car hit you to cause that amount of damage.
    If for example they find it was about 50km/h and the stop sign was 10m away she most definitely drove straight through the stop sign and is at fault driver.
    Last edited by nomeat; 13-03-19 at 05:23 PM.
    I test drove a Tesla X P100D. I am going keep driving my 22 y/o diesel until I can afford a second hand one or die trying.
    This is not a car it is a space ship.



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    Years ago I represented a client with a similar matter in the NSW local court. She was reversing from her driveway when she heard the other car. She was stopped partially blocking the road when the other car turned left through the give way sign at speed and hit the side of her car. The magistrate accepted that she was not reversing at the time but had stopped. My client won and was awarded costs. Can't vouch for Victoria or for your circumstances. I no longer practice law and must caution you that this is not legal advice and you should not rely on it.

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    It may be possible for an assessor to determine if you were moving at the time of impact.
    I test drove a Tesla X P100D. I am going keep driving my 22 y/o diesel until I can afford a second hand one or die trying.
    This is not a car it is a space ship.



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    Legal advice is important in this matter, or it could cost you a fortune.
    I'm out of my mind, but feel free to leave a message...

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    simply put if you were stopped she hit you , her fault ,if you were moving you backed into her path ,your fault the truth is hard to find as both will wriggle out somehow but the facts have to be proven.Dont trust any one to tell the truth insurers . lawyers ,cops,drivers ,any one with financial gain to be had good luck
    Last edited by hinekadon; 14-03-19 at 08:18 AM. Reason: more
    . Please treat people as you would like to be treated yourself.

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    its best left to the insurance company to deal with 100% of the issue mate , whether you were at fault or not. Even if you feel you are in the right , losing the excess is not a big amount of money compared to what it will cost you if the other side appeals down the track and it goes to court.

    to my knowledge if you are the one reversing they will always try to pin it on you anyway.

    Ive just been through this with my jetski , I hit a person side on who stopped dead across my path of travel. The cops said i was at fault for not being able to stop ( traveling too fast ) but the insurer was able to reverse this on appeal and make the other party pay. Ive got a dashcam on everything i own now.

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    Best to leave it to your insurance company to discuss with the other driver, saves the hassle of you needing to get involved or get seperate legal advice. At worst you will pay your excess.

    As others mentioned, the issue for you will be that a driver on the road has right of way over a driver entering a road. The stop sign is essentially irrelevant, as it has no bearing on the car being required to stop for you (as in you were not on the road, you were still entering the road).

    What is relevant is whether you were moving or stationary at the time. If moving, or if no evidence is available apart from your version to suggest you werenít moving, it is likely they will find you at fault, as the other car has the right of way. If stationary, while the other car still has right of way, they must also take reasonable steps to prevent a collision. In matters like this, with nothing but the version of the driver, insurance companies would likely find both equally at fault and both parties would need to pay an excess.

    Time to invest in a dash cam! The couple of hundred outlay will help prove your version and save your excess.

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    Thanks for all your replies.The stop sign is about 5 metres behind me and the damage she did to my car means she was doing 50 kms/h and she said I didn't see you.When I got in the car and checked the traffic there was nobody there.

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    Sounds like she should be charged for negligent driving but I assume you didn't call the police at the time, so I guess you can forget that.
    I test drove a Tesla X P100D. I am going keep driving my 22 y/o diesel until I can afford a second hand one or die trying.
    This is not a car it is a space ship.



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    Quote Originally Posted by nomeat View Post
    Sounds like she should be charged for negligent driving but I assume you didn't call the police at the time, so I guess you can forget that.

    Gulliver is in NSW - police donít investigate collisions unless there is a person injured/killed, a driver fails to exchange details or a person is affected by alcohol/drugs.

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    Quote Originally Posted by gulliver View Post
    2 weeks ago I tried to reverse out of a carpark along the railwayline. I checked andeverything was clear.
    Left,right and the street entering behind me with a stop sign.
    I moved about 1 metre out to double check the traffic,and bang,I got hit with full force in the behind.
    This car had the stop sign,the woman said I didn;t see you.
    Big damage on my commodore wagon.Coudn't evev open the Tailgate.
    Now,even my insurance said it was my fault for obstructing the road.
    But the RMS rules state.A stop sign has to give way to anything on the road until it's safe to drive on.
    Now the other insurance want to charge me,even they haven't be able to get a quote for their car after 2 weeks.
    What do I do now???
    Any advice is appreciated.
    The very same thing happened to my son except he was stopped for about 20 seconds proven by his camera inside his car but he had to still pay which he has not yet and i dont blame him and only has third part insurance but the other car has full comprehension insurance and the difference is the other car was driven by a Women. Yes BIG Company versus one person. Make me sick
    Not responsible for any post written after the 28/10/2014. My pet hate, Corrupt Politicians, Corrupt Legal System + a legal system Australia wide that does not allow you to sue a Solicitor or Barrister for Professional Negligence (as Stated by the Law Society and prominent Lawyers) and Corrupt Cops. Not necessarily in this order. Please Note Lawyers are PROTECTED SPECIES IN THIS COUNTRY, PROTECTED FROM THEIR F..K UPS

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    Default Who is wrong?

    Quote Originally Posted by Mr 672A View Post
    The very same thing happened to my son except he was stopped for about 20 seconds proven by his camera inside his car but he had to still pay which he has not yet and i dont blame him and only has third part insurance but the other car has full comprehension insurance and the difference is the other car was driven by a Women. Yes BIG Company versus one person. Make me sick
    Tell him to get off his phone next time
    Last edited by peteramjet; 16-03-19 at 07:31 AM.

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