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Who has right of way and who is at fault?

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?

Last reply: 11th Dec 2012 / 12 replies / Post by peppi6

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Denrim

Posted by: Denrim
Posted: 17th Aug 2011

Denrim says: gotta be car A,its already on road,has right of way Reply

peppi6

Posted by: peppi6
Posted: 18th Aug 2011

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

peppi6 says: 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.. Reply

Denrim

Posted by: Denrim
Posted: 19th Aug 2011

peppi6 says: 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...

Denrim says: 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. Reply

peppi6

Posted by: peppi6
Posted: 19th Aug 2011

Denrim says: 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...

peppi6 says: 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?? Reply

bobdown

Posted by: bobdown
Posted: 19th Aug 2011

bobdown says: 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. Reply

peppi6

Posted by: peppi6
Posted: 19th Aug 2011

bobdown says: 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...

peppi6 says: 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. Reply

Denrim

Posted by: Denrim
Posted: 19th Aug 2011

Denrim says: 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, Reply

peppi6

Posted by: peppi6
Posted: 19th Aug 2011

Denrim says: 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...

peppi6 says: 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. Reply

Billios

Posted by: Billios
Posted: 29th Aug 2011

Billios says: 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. Reply

Sonny

Posted by: Sonny
Posted: 9th Nov 2011

Sonny says: 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 Reply

Anonymous

Posted by: Anonymous
Posted: 9th Nov 2011

says: 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. Reply

walex

Posted by: walex
Posted: 11th Dec 2012

walex says: I need a diagram for this! Reply

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