Am I 100% to blame in a car accident. Do we have a duty of care as soon as we are on the road ?
By Cars & Motorcycles on Apr 27, 2009 with Comments 3
avs442002 asked: I was in an accident where I was reversing, the other car was stationary in front of me,I was reversing so that I could leave a driveway of a carpark. I had reversed out of park and swung around to drive out. I did not have enough room to clear the drive way. The other person was at the start of the drive way turned in off the road. She had stopped. I then reversed so I could clear the drive way in the meantime she had gone and I clipped the side of her car. I was already in motion before she moved. Her insurance has said all my fault as I was reversing.However, is there a law in which we as drivers accept a 25% duty of care as soon as we drive. Where can I find out more information?
Filed Under: Car Care
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What does your insurance say?
I am not sure that there is any 25% duty of care…Chances are that since you side swiped her, you are at fault. There is no way that she could have hit you, if the damage was on the side of her car. She cannot predict your movements, and you should have ensured that you had a clear right of way before completing your turn.
I don’t see how that would be 100% your fault especially since you were already moving and she went around you and simply couldn’t wait a second. Of course her insurance company is going to say it’s all your fault because they don’t want to pay out any money.
WHY DON’T YOU JUST CALL YOUR LOCAL DMV OFFICE, THEY WILL BE ABLE TO ANSWER ANY AND ALL OF YOUR QUESTIONS.