Collision between two vehicles whilst reversing

moped
Posts: 38
Joined: Tue Apr 08, 2014 9:51 pm

Collision between two vehicles whilst reversing

Postby moped » Wed Jul 29, 2015 3:15 pm

Some considered thoughts on the below scenario appreciated please folks.
I was reversing out of our driveway towards another driveway situated paralell and directly accross the street from our driveway with the intention of then driving in a forward direction onto our street.Prior to exiting our property I sounded my car horn as a safety precaution .As I continued carefully reversing across our rather narrow and congested 2 way street which measures about 3 and a bit carwidths kerb to kerb a second vehicle that was stationary with a person in the driver's seat on the opposite side of the street was observed looking down (at their phone presumably).They had a vacant parking spot ahead of them alowing easy forward departure from their parked position .As I continued reversing and checking my mirrors I suddenly noticed the vehicle had now reversed halfway accross the opposite driveway and was still reversing.This was only observed when the rear of my vehicle was a very short distance from making contact with the other vehicle's driver side.I instantly braked, came to a complete stop and sounded my car horn to alert the other driver.Despite the warning horn the other driver continued to reverse and in the process made contact with my vehicle and scraped their passenger door on our rear bumper corner for aprox 1metre resulting in $3800 damage to their car and negligible to mine.Who is at fault?If not EBO what proportion of blame is likely to be apportioned? Diagram of accident attached in case my description is confusing.Other party saying we illegally crossed the full length of the roadway despite the conditions dictating this to be the safest practise under the circumstances.The other party (neighbour) has been observed and recorded on iphone reversing accross the full length of roadway in exactly the same manner post accident.I had witnesses in my car who verify we stopped once the imminent accident became apparent and that the other party collided with us and excacerbated their damage by not stopping upon initial impact.Photos of damage to both vehicles show a small amount of damage to corner only of my vehicle's passenger side rear bumper and a 1m long horizontal shallowish scrape to the other vehicle supporting our version of events.I am insured but there is an $1100 excess to consider depending on the possible outcomes.Best course of action?
https://dl.dropboxusercontent.com/u/127 ... iagram.jpg
Last edited by moped on Wed Jul 29, 2015 9:52 pm, edited 1 time in total.

Gravy
Posts: 1062
Joined: Thu Mar 21, 2013 9:25 am

Re: Collision between two vehicles whilst reversing

Postby Gravy » Wed Jul 29, 2015 5:23 pm

Forget about trying to figure out who was at fault, it's much simpler than that. It's about the cost of repairs to your vehicle versus your excess. Generally:

Cost of repair < excess = don't claim
Cost of repair > excess = make a claim

If the other party sues you/makes a demand for the cost of their repairs, pass it on to your insurance company and let them deal with it as $3,800 > $1,100. If you never hear from the other party, excellent: refer to above formulae.

Hardy
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Re: Collision between two vehicles whilst reversing

Postby Hardy » Wed Jul 29, 2015 6:17 pm

If I accept your version, then the other driver is at fault. if I accept the other driver's version, then you will be at fault.
Most likely a court will say you are both at fault, although much depends on what the other driver says he did to avoid an impact.

moped
Posts: 38
Joined: Tue Apr 08, 2014 9:51 pm

Re: Collision between two vehicles whilst reversing

Postby moped » Wed Jul 29, 2015 8:46 pm

The other party is claiming(unsurprisingly) that I hit them and that the corner of my rear bumper somehow miraculously scraped a whole horizontal metre of their vehicle before coming to a stop (which I recon the photo evidence of the respective damage clearly contradicts.)My passengers and I say the other party did nothing to avert the collision as they only became aware there was another car nearby after their car made contact with our stationary vehicle and had travelled the $3800 metre or so.Too late!
Our damage is a fraction of the $1100 excess (bit of spray paint-fixed) but the other party is threatening legal action for damages they say were solely our fault.My insurer initially indicated that they would vigorously pursue an each bears own resolution in this matter ( I handed over my excess based on this assurance) but given the abovementioned threat of legal action my insurer has now advised they recommend we settle the claim out of court (accept liability with negotiated damages).Not what I had hoped for but I agree $1100 is better than $3800 +??? if it is likely to be a less than certain outcome before a Magistrate.
Some advise also please on wether my duty of care as a vehicle reversing from private property is any greater than the other vehicle reversing on a public roadway.Also is crossing the full width of the roadway in reverse acceptable under the circumstances described i.e safer than reversing blindly in the usual arc when visibility is restricted by other parked vehicles,narrow street etc ?
I would like to think two cars reversing have shared responsibility to avoid a collision.I think I did my bit as soon as I had the required visual information .Other than stopping and alerting the other driver with my car horn what more could I have done to avoid being hit?Maybe time to upgrade to a more modern car with "third eye" beeping bells and whistles constantly watching my back.

bluesky
Posts: 77
Joined: Thu Jun 07, 2012 3:44 pm

Re: Collision between two vehicles whilst reversing

Postby bluesky » Wed Jul 29, 2015 8:55 pm

moped wrote: I handed over my excess based on this assurance....


So you've paid your excess. Why do you care what happens now? You're done.

moped
Posts: 38
Joined: Tue Apr 08, 2014 9:51 pm

Re: Collision between two vehicles whilst reversing

Postby moped » Wed Jul 29, 2015 10:16 pm

bluesky wrote:
moped wrote: I handed over my excess based on this assurance....


So you've paid your excess. Why do you care what happens now? You're done.


Well because I was assured by my insurer that an each bears own outcome was likely in this instance (I agreed with them) and that they would strenuously pursue this outcome.My excess would be refunded in this eventuality, I was informed.I still have the option of not accepting settlement and taking the matter to court myself and have asked for a review by the insurer to explain the sudden change of heart on their part given that a fortnight ago they advised me that they were still in discussions with the other party so just canvassing all my options that's all.

Gravy
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Re: Collision between two vehicles whilst reversing

Postby Gravy » Thu Jul 30, 2015 2:52 pm

If you leave it in the hands of your insurance company, you guarantee that your maximum liability is $1,100. If you take it on yourself and gamble on a magistrate's ruling, you may end up liable for the full $3,800 (or zero - nobody knows how this will play out). If your insurance company wants to settle, that's their decision and I don't understand why they're even asking you about it. They can't settle for $3,000 and ask you to pay an additional $1,900: the whole idea of insurance is limiting your personal liability in cases like this.

Hardy
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Re: Collision between two vehicles whilst reversing

Postby Hardy » Thu Jul 30, 2015 4:05 pm

If you want to take it to court and fight it without insurers, make an appointment to see me and bring a cheque for $8000.

Sean

moped
Posts: 38
Joined: Tue Apr 08, 2014 9:51 pm

Re: Collision between two vehicles whilst reversing

Postby moped » Thu Jul 30, 2015 11:50 pm

Thanks all once again for the valuable advice.The requested review confirmed that taking the matter to court was not advisable in view of the uncertain outcome in what essentially would have ended up being a he said she said scenario .More importantly an EBO outcome would have been to my disadvantage due to the large disparity in our respective damages .That question now resolved I have today obtained a quote for $900 from my local repairer to "professionally" return my rear bumper to pre collision condition and will forward that to my insurer for settlement of damages to my vehicle.You live and learn......Hopefully.


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