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Car park Accident

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Twiggy1988 View Drop Down
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Joined: 27/May/2012
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  Quote Twiggy1988 Quote  Post ReplyReply Direct Link To This Post Topic: Car park Accident
    Posted: 27/May/2012 at 14:46
Hey everyone,

Just chasing little bit of info on a car accident that happened yesterday. Was reversing out of a private car park at a hotel in adelaide and hit another car. The car I hit came very fast behind me as I was reversing so i quickly pulled back into my spot. The owner of the car got out and left out of sight. I then began reversing again and another car did the same thing flying up the car park nearly hitting me so I quickly pulled back into my spot and waited for him to go past. He then realised there was no other spots so reversed back to allow me out. I then reversed but went too far nudging the rear of the first small car. I stopped and the guy waiting for my spot told me it was his friends car. He rang his friend and he came back. We exchanged details and all was fine. I since have found out he has no insurance. I do have insurance. I have heard that accidents in private car parks have different laws?? Basically I just want to know where I stand. It was my fault but do I have to pay?? Thanks in advance

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 27/May/2012 at 17:10
If you were reversing and you hit a stationary car there can only be one person at fault, you.

Who ever is saying that different laws apply is talking through his hat, the person who caused the damage is responsible regardless of where this damage occurred.

You can either put this through your insurance company or you can just pay for the repairs yourself.

If you intend putting it through your insurance you should advise them now, if you are going to pay yourself you should wait for the quotes and letter of demand and then pay promptly.

Check what your insurance excess is and check the value of your no claim bonus to help you decide whether to use your insurance of to pay yourself.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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Twiggy1988 View Drop Down
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  Quote Twiggy1988 Quote  Post ReplyReply Direct Link To This Post Posted: 27/May/2012 at 17:50
Thanks for quick reply martinO had a feeling this was the case but thought might get second opinion.

 

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StandTall View Drop Down
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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 27/May/2012 at 18:56
Yes, the person who reversed into the car is at fault even if the car that you hit was parked in a 'unsafe' manner.

Example, quite a few years ago i reversed into a car that was half parked on the road and the remainder on the street verge.

If the car was parked 100% on the road i would have seen it and consider it a accident waiting to be half parked on a busy suburban road. Anyway i was at fault. I was insured but payed for the damage myself due to the 'No Claim Bonus' levy.

Interesting to know in what situations, if any, a person who reversed into a car/vehicle would not be at fault? Maybe someone here could advise.

Edited by StandTall - 27/May/2012 at 19:25
Always seek further advice

 

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AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 27/May/2012 at 19:33
There have been some incidents in Singapore where idiots reversing on main roads into other cars appear to have gotten off - the car that hit them was deemed at fault for not keeping a good look out.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

 

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iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 28/May/2012 at 03:54

Yeah AOD that is Singapore - so noted for it's fabulous law and personal rights - but doubtful it's gonna happen here. Reversing person is at fault. End of story.
not legal advice

 

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