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who's at fault?

Discussion in 'Politics, Laws, Government & Insurance' started by Bogus69, Jun 15, 2005.

  1. Here's a hypathetical....

    If in the course of avoiding an accident where the other party is definately wrong, you come off and are the only effected party, is your accident "caused by the other party" or is it one of those accidents that is deemed to be caused by yourself? In the eyes of insurance companys, I mean.

    For example.
    I'm traveling around a round-about (indicating correctely, I might add:)) and a car decides to enter without giving way. If I chose to avoid being hit by giving it a squirt (braking isn't an option as it would leave me perfectly lined up for a running over) but subsiquently lose control and crash.
    Considering the other option would be to hope the driver sees me, and brakes in time who would be at fault?

    It's based on a possible outcome of something that happened this morning.
  2. Any witnesses?

    This can be a very tough one to prove unless there are some matching accounts of what happened. To satisfy legal requirements of proving yourself to be in the right, you would have to demonstrate that a collision was unavoidable but for your corrective action. The fact that you lost control is the only easily proven fact in this situation. The driver can simply claim that they were nowhere near you.

    I dont mean to sound so negative here but you have a major effort in demonstrating that you are not primarily at fault.

    I wish you well!

    Hypothetically speaking
  3. You are not at fault if you are required to take evasive action and subsequently have a single vehicle accident provided you can identify the person at fault. Similarly if you are avoiding wildlife and have a crash, remember the type and colour of the animal. Very often a little black dog is the culprit...
    If police are in attendance this is important as you can do this otherwise you may be charged with "careless riding" or something similar, cant remember which one, due to having a single vehicle accident.
  4. I was involved in such an accident...and quite frankly the situation can either be bad or real bad. Basically like others have said the other party can claim it was your fault, and therefore make you either get legal help to get what is rightfully yours or make you walk away with nothing.

    The best thing to do in a situation like that (which i didn't do) is call the police or ambulance. With the police or ambulance present it makes your case much stronger...plus i think the police will charge the other party for reckless driving or whatever charge fits the incident that took place.

    With the police or ambulance present they have now become a witness, not to mention they have a written report which if you have any hassles should hold up fairly strong against the other party.
  5. Thats great advice, getting the cops on the scene.

    I hate to say it but it seems that in some cases it may be easier to take the hit (if it is a slow incident)
  6. The Victorian road rule pertaining to stopping after an accident begins:
    "287. Duties of a driver involved in an accident
    (1) If owing to the presence of a vehicle (other than a motor vehicle) an accident
    occurs whereby any person is injured or any property (including any animal)
    is damaged or destroyed, the driver of the vehicle—
    (a) must immediately stop the vehicle; and
    (b) must immediately render such assistance as he or she can; and"

    No need for contact.

    I seem to recall that in a much discussed fatal crash in Geelong a while back, where a car turned in front of a motorcyclist, there was no contact between the vehicles. The motorcyclist fell as a result of avoiding the car. The Motorist was convicted.
  7. WTF? "(Other than a motor vehicle)"?

    OK, the Road safety act has a similar bit that starts:
    "(1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or
    destroyed, the driver of the motor vehicle-:"
  8. you'll be wanting the rego/name/address of the offending vehicle so you know where to send the death threats :p
  9. In NSW you'd be at fault under the crimes act.

    But civilly speaking you'd have the right to claim against the driver of the other vehicle.

    So don't call the cops just get details and go to your insurance company
  10. Crimes act? Geeze. They take things seriously up north....
  11. They certainly do. A mate of mine moved to NSW for a few years. I was chatting to him after his return to Vic last year. He tells me that if you come off your bike, say due to poor road conditions or stray wildlife, if the cops turn up they'll book you for careless riding regardless, as it's difficult to prove such an off was due to these circumstances.

    if you did come off, no-one was around and was able to make it to hospital, say to get some abrasions cleaned up, he said that you're better off reporting it as falling out of a tree or something. Otherwise, if it's a road related injury, they have to report it to police who will then issue you with an infringement notice.

    Ad to that, the way third party insurance up there works (no such thing as "no fault" insurance), you're pretty well stuffed if you have a single vehicle crash and are hurt badly.
  12. Thanks for the pick up.

    I meant Motor traffic Act