Unsafe reversing?

Civil liability
NotCoppingIt
Posts: 7
Joined: Wed Oct 01, 2014 9:02 am

Unsafe reversing?

Postby NotCoppingIt » Tue Jun 02, 2020 7:03 am

I was recently involved in a collision with a reversing vehicle and would like some thoughts. I was exiting a petrol station, turning right and collided with a car that was reversing along the road that I turned onto. I did not see the vehicle prior to the collision (night time, un-lit road, raining, dark colour and may not have had lights on) and I do not know why the other driver was reversing.
The car I was driving (not mine) was uninsured and of low value and there is considerable damage to both cars so I'm guessing that the other driver's insurance will consider me at fault and come after me.
I believe that the other driver's reversing was uneccessary, unsafe and at an inappropriate speed. I rang the police later and asked if I needed to report the crash and was told that it wasn't needed if no-one was injured.
Given that police did not attend, who decides fault? Should I still report it?

Hardy
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Re: Unsafe reversing?

Postby Hardy » Tue Jun 02, 2020 8:38 am

Reporting the crash to police would be the most stupid thing you could do. Hard to believe you even called them. The problem with people transferring overseas licences without getting a learners permit is that they miss out on learning our road rules.

If liability for losses caused by an accident is in dispute it is the court that determines it, not the police.
The insurer will say you are at fault for driving into the path of a reversing vehicle, and that you had an obligation to give way to traffic on the road. On the other hand reversing a vehicle is inherently unsafe and the driver needs to ensure they don’t hit anything when doing so. In reality a court would probably apportion it somewhere between 30/70 and 50/50.

NotCoppingIt
Posts: 7
Joined: Wed Oct 01, 2014 9:02 am

Re: Unsafe reversing?

Postby NotCoppingIt » Wed Jun 03, 2020 9:14 pm

Thanks for that. As expected I got a call from the other driver's insurance company today telling me that I was liable for crashing into him. It seems he forgot to tell them he was reversing and it also seems he didn't count on me finding CCTV footage of him reversing 40 metres back down the road, ignoring several opportunities to turn around and drive safely.
I also don't think he read the bit in RACV's PDS about having your claim denied and policy cancelled if you are untruthful to them in relation to a claim....

Hardy
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Re: Unsafe reversing?

Postby Hardy » Thu Jun 04, 2020 12:46 am

It is in your interests for the other driver to retain a contract of insurance, so it would be funny to see you pursue a strategy of trying to bring it undone.

NotCoppingIt
Posts: 7
Joined: Wed Oct 01, 2014 9:02 am

Re: Unsafe reversing?

Postby NotCoppingIt » Thu Jun 04, 2020 9:33 am

I'm definitely not pursuing that strategy, I'm just waiting to see their cards and will then decide on a course of action. They have told me that they consider his actions to be safe and reasonable and to be only a minor contributing factor.

Hardy
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Posts: 8351
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Unsafe reversing?

Postby Hardy » Thu Jun 04, 2020 1:01 pm

Lucky you have the CCTV then.


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