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Hit from behind, insurance says we're liable?

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jiteshj View Drop Down
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Joined: 13/May/2013
Location: Australia
Posts: 9
  Quote jiteshj Quote  Post ReplyReply Direct Link To This Post Topic: Hit from behind, insurance says we're liable?
    Posted: 25/October/2016 at 18:52
This is my dad's traffic matter. He's an elderly school teacher and was exiting the school yard through a t section onto the oncoming traffic. While stopped, a parent has hit him from behind, with minor damage to his car and a cracked headlight to the other vehicle. To make matters worse, he had no insurance coverage and his rego had lapsed. The other vehicle's insurance has sent a letter out saying they are looking to claim the liability from him. Doesn't really say anything like he is 100% at fault or similar. I would think that being he got hit from behind, it is actually the other driver who is at fault. Or does being unregistered cancel this out?

Also, is there a way we could see the other persons version of events? They claimed to have had a recent accident before this one. I have read about going to the financial services ombudsman as well.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 518
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 26/October/2016 at 01:38
If he was stopped and the other driver hit him, it is the other drivers fault. he should get a quote for his repairs and send it (after making a copy) together with a letter of demand, to the other driver.

rambler1 View Drop Down
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Joined: 01/May/2006
Location: Australia
Posts: 1918
  Quote rambler1 Quote  Post ReplyReply Direct Link To This Post Posted: 26/October/2016 at 18:19
generally if this happened in a car park there is no liability everyone pays their own expenses.

Being unlicensed does not mean anything in this case if it was off road
Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.

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