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Old 02-07-2005, 23:49   #1 (permalink)
EL XR6 - w00t
 
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Car Accident - Who is liable?

Hi,

I have a question to pose that I would like opinions on. Basically, this morning I was travelling to work and rounded a corner and 200 metres up the road was a car with a boat in the middle of the road, I was unsure if it was stopped or turning right but it was in the centre of a single lane road. So as I approached, I slowed slightly and assessed the situation and judged he must be turning right. So I went up the inside and instead of turning right or staying put he hooked a left when I comitted into the passing, and we colided and damaged his car, and my car and scratched the boat. If this was the end of the story, I would be liable for sure, because he was turning.

BUT

His trailer lights were not functioning at all. I told him that as soon as i got out of the car, he checked them, and he said to me "I checked my lights and they're not working, I'm sorry.. I thought they were". So he was driving a trailor that had faulty tail lights with no brake lights or indicators. He also said that he saw me coming and thought he had enough time to turn.

It would have been a easy 10 seconds before I saw him at a full stop (I assume he had stopped, no brake lights) and before I hit the brakes cos he turned.

He admitted to the insurance agency that his lights were not working and I rang the police info line, and they said if they had seen it, he wouldn't have been booked for the faulty lights.

So who is at fault? Me because I went around him, or him for having a unroadworthy trailor which precursored the event? I definately wouldn't have gone on the inside if he had indicatored.

Thanks for your opinions.
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Old 02-08-2005, 00:32   #2 (permalink)
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Re: Car Accident - Who is liable?

Might work out both parties being partially at fault. have you spoken to your insurance company??
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Old 02-08-2005, 01:23   #3 (permalink)
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Re: Car Accident - Who is liable?

As EBXR states. I think what you will find is that they will apply 'contributory negligence'. That is, if you had been driving safely and not in a hurry - read stopped, no accident would have occurred. However, as he did not indicate his intention, he is also partially to blame.

Somehow I think that they may ping you more than him - sucks I know!

Hope it all goes well.
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Old 02-08-2005, 02:14   #4 (permalink)
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Re: Car Accident - Who is liable?

Yep, spoke to insurance agency and they said I had duty of care, but they bauked when I said he apologised and basically admitted fault. So I'll send in something official and hope for the best. It sucks big time..
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Old 02-08-2005, 15:54   #5 (permalink)
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Re: Car Accident - Who is liable?

The question would be, what does the law require you to do
when a vehicle is stopped in on the road with no indication
of what it's doing there.

I would say by "the inside" you mean you crossed the unbroken
line to the left of the other car. To pass him, unless there was
another lane or something, you would have had to indicate and
pass him on the right, providing there was an broken
centre line.
Otherwise you'd be required to stop behind him and wait.
Assume nothing would be the requirement I'd guess.
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Old 02-08-2005, 17:29   #6 (permalink)
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Re: Car Accident - Who is liable?

Partial liability both parties..
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Old 02-08-2005, 18:17   #7 (permalink)
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Re: Car Accident - Who is liable?

simple was it a 2 lane road ( 2 lanes in your direction)

if its 1 lane technically ur fault

if 2 lanes 100% his fault considering indicators not working

but in insurance terms you will both pay thanx :)
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