I would say she has a duty of care to make sure she is clear. She hit a stationary car, I doubt it matters how it got there or whether it was morally right to push in unfortunatly.

Its kinda like he was trying to over take a "turning vechicle".

Underoath said..

Its kinda like he was trying to over take a "turning vechicle".

www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_reg/arr210/s142.html

That is for SA. But could be similar here.

I'd say you're in the wrong for letting her out of the kitchen.
really!? Women driving cars? now i've heard it all.

Right and wrong is irrelevant. There's no forum for her to contest the issue. Surely you're not thinking of engaging a lawyer and suing the other driver are you? You give the details to the insurance company and they sort it out.

Friend was in an accident a few months back where someone was REVERSING DOWN THE MOTORWAY because they missed the tunnel they wanted to go through. Friend was the third in the conga line that almost hit him, and waited a second or so to see what would become of the tyres screeching behind them. One car eventually cleaned up the six or so in the conga line in front of them.

The guy that was reversing down the motorway drove off and, according to the police at the scene, wasn't at fault (although they agreed he was a complete dick, how unfair etc. etc.).

Unfortunately if you impact with someone in front of you you are usually at fault. You have to maintain a safe distance to avoid an impact, with anything.

Underoath said..

This other car has come on the inside of the wife at the traffic island, whilst she was waiting on the island for oncomming traffic to pass.

Fkn retard.. I hate it when turds do that.. on either side!

I would think that the fault would have to be allocated to the other driver, who was clearly undertaking an illegal maneuver (overtaking a vehicle turning right), during which an accident occurred.

It is possible joint liability could be apportioned though as technically she should have looked forward to ensure the way was clear, but generally if one vehicle is breaking a traffic law and it contributed to the accident then they are usually left holding the bag....

Underoath said..

The wife had a car accident.

The wife left work and was lined up at the T intersection of "ROAD A" and "ROAD B" where traffic banks up
every day. She was the next car to pull out from "ROAD A" onto "ROAD Bs" traffic Island (Turning right/heading west)

The wife proceeded to the middle part of the road (The Island). She was the first car to the traffic island.
As traffic was coming from the left, she looked and waited for traffic to pass. A few cars went passed, then all was clear.

She proceeded to take off when CRUNCH. She then realised it was a car she hit from behind. This other car has come on the inside of the wife at the traffic island, whilst she was waiting on the island for oncomming traffic to pass.


1) If my wife hits a car from behind is it always her "fault"?
2) Can a car "push in" inside of a car at a traffic island?


I had a look at the road rules online today but I didnt have much luck- nothing really discusses "traffic islands". If in the eyes of the law its her fault, fair game.

But im not going to just pay an excess if the other driver is in the wrong.

Your thoughts?

In Dubai, women are not allowed to drive. Hence you should move there and enjoy no drama's with accidents and excess.

Yep the other driver is to blame, well here in QLD anyways. You can not try to overtake a turning vehicle.

I arse ended a stupid woman driver a couple of years back who stalled her car in the wet taking off from traffic lights. I slid and hit her. Not much damage to my car only a scratched bumper and bent bar behind the bumper, but $3500 damage to hers.

She had only just picked up the brand new car 2 weeks earlier and she was not licensed to drive a Manual vehicle. The insurance company knew this and I was still to blame even though she was driving illegally. I was with ANZ insurance at the time, when I switched to RACQ I was talking to one of there Accident Vehicle Inspectors about it, he said that they would have passed the blame to her due to not having correct licence.

Always take pictures of the scene of the accident, your car and theirs, their licence and rego plate as well as any other cars that may have seen what happened, even if they dont stop try to get pics of their rego plate, and if anyone stop to help, get pics of their licence and car as well. This is what the inspector told me to do next time. And also get who they are insured by as well, If they are insured.

I haven't really read the topic, but here's a good recommendation to use CommInsure...

We have been with CommInsure for about 7 or 8 years.
I have had to make 2 claims, because the wife is a general "hack" when parking...
CommInsure have been great to deal with. Sorted it out very quickly (both times), and no fuss.
We tick the "don't lose rating 1" box, or what ever it is called.
Both claims have been our fault. Policy Price has not gone up...
So finally, after paying insurances for 20 years... we finally get to "use" it!



Details...............
One of the claims we made... the wife had already made miscellaneous damage to the front bumper, via "touch parking" into columns, walls, etc! Then month later, rear-ended someone. Front end damage was about $10k (on our Suby Forrester). $500 excess... The silly lady that my wife hit, well she got out of her car, verbally abused my wife (rightfully! - sort of!), and drove off in a huff without exchanging details...! She had a big 4WD with a trye on the back... The trye made a huge imprint into the front of The Suby, and pushed the bonnet up quite a bit... Missed the head lights, and pushed metal back to within 10mm of the radiator... And the quarter panels got pushed back too... Weird... Only 10-15km per hour or so though... But I guarantee, the next weekend, the husband would have opened the back tail-gate (on the other car), to find some decent damage...! Her fault for driving off!...