Cars & Transportation

Who has right of way and who is at fault?

Cars & Transportation

Posted by: peppi6

17th Aug 2011 12:34pm

Car A already on the road reversing or Car B exiting off private parking bay rear to wall of factory. Car B driving out of parking spot turning right colliding with Car A rear passenger driver's side?

Comments 12

walex
  • 11th Dec 2012 04:43pm

I need a diagram for this!

Anonymous
  • 9th Nov 2011 10:48pm

car A. has right of way cause all cars leaving private property or even the drive ways must give way. thats part of the law these days.

Sonny
  • 9th Nov 2011 06:18pm

Hi Minnie, Denrim made a valid point. If you are entering a public road from a carpark/driveway etc , it is your responsibility to ensure that it is safe to do so,eg no other cars/cyclists or pedestrians in your line of travel

Billios
  • 29th Aug 2011 11:36am

In my Experience, Car B would be at fault. Regardless of which direction Car A was travelling, Car A is already on the road driving and Car B will have to give way to all traffic when exiting any car park and getting onto the road.

Denrim
  • 19th Aug 2011 10:35pm

if you were both in a car park the cops would ignore it,you were on the road & the other car drove out without looking,I always look both ways before I drive out of my driveway,if I hit someone I would be at fault no matter which way the car was going,I still say ask your local police station,they will advise,Don't be afraid to ask them,most are ok.
Depends on insurence co. too. if they are the same,the one who has paid the most fees generaly wins. It stinks but that is what happens,It happened to my son,

peppi6
  • 19th Aug 2011 11:40pm
if you were both in a car park the cops would ignore it,you were on the road & the other car drove out without looking,I always look both ways before I drive out of my driveway,if I hit someone I...

Thanks for your support. Thats just it my argument. I was not in a parking lot. I was on a street already reversing.. The other party came out off a parking bay/area, off private property. entering a road. So who has right off way?/ I have looked up road rules 2008. Sect. 74 does explain some however cant find anything what pertains to whose l liable when reversing. Very ambigu I spoke to a friend of mine were the case that you are immediately at fault because u were reversing then why was she penalized some years ago when having stopped at a red light and the truck in front had misjudged the traficc lights and once stopped decided to reverse.

bobdown
  • 19th Aug 2011 09:36am

Hi Minnie, In my experience it is always a reversing car that is at fault. By law it is illegal for you to reverse out of your driveway. How crazy is that but iam talking from experience. Sorry about that, i really feel for you.

peppi6
  • 19th Aug 2011 09:59pm
Hi Minnie, In my experience it is always a reversing car that is at fault. By law it is illegal for you to reverse out of your driveway. How crazy is that but iam talking from experience. Sorry...

Yeah, but I was not reversing out of my driveway. I was on a road reversing and the other car came out off a private property onto the road, so who is right?? Is it so clear cut ? I would think that the insurance company would at least give me a better answer. Not letting it go just yet.

Denrim
  • 17th Aug 2011 08:00pm

gotta be car A,its already on road,has right of way

peppi6
  • 19th Aug 2011 09:52pm
You didn't say you were reversing out of the driveway,then you are at fault,you said you were on the road,you can't reverse on a road for a long distance if you are likely to endanger public,call...

Thanks. Your point noted. No I was not the one driving out of the driveway. To perhaps now to make it a little clearer I was on the road reversing. It was not a long distance it is a dead end street. Perhaps its all about two to three at most car lengths. All was clear. The other vehicle came out of a parking area, private property and we connected. The police were called but when they arrived they did not want to know about it and said it was up to our insurance companies to work it out. My insurance company it seems to me has a blanket rule, if you are reversing it is automatically your fault. This just does not seem right to me. Do they not consider the point of impact of both vehicles? Who was where at the time and who should give way? I really feel that they haven't even given it a thought to my explanation or diagram of the incident. Now just wondering what they are saying to the other party involved. Are they telling them that they are also at fault so they dont have to pay out??

Denrim
  • 19th Aug 2011 10:40am
Thanks for your response. l I thought the same way, however the insurance company I am dealing with has a different view. Their opinion is very straight forward. If you are reversing you are...

You didn't say you were reversing out of the driveway,then you are at fault,you said you were on the road,you can't reverse on a road for a long distance if you are likely to endanger public,call into the local police station,they will put you right,but if you are already on the road & the other car drives into you,they must be in the wrong,but check with the police.good luck.

peppi6
  • 18th Aug 2011 11:41pm
gotta be car A,its already on road,has right of way

Thanks for your response. l I thought the same way, however the insurance company I am dealing with has a different view. Their opinion is very straight forward. If you are reversing you are deemend to be immediately at fault., no matter whar????? . That is what they have told me. I disagree. Need to argue the case with them. Any idea how to go about this to prove my case..

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