Vehicle Collisions - Potential Changes To How “At Fault” Is Determined?

Every OzBargainer loves a good forum post detailing some form of mishap on the roads. Sadly, there are no MS Paint drawings here (sorry to disappoint).

As it stands, when one vehicle collides into the rear of another, the driver of the rear car is deemed to be at fault. I’m unaware of whether there are any exceptions to the case, such as in the event the driver in front cut the rear driver off and/or is “brake-checking”, or perhaps the front driver is performing an illegal manoeuvre etc

From what I can gather, the reason the rear driver is (almost?) always seemed at fault is just for simplicity and helps insurance cases reach a decision. However, with the rise of technology such as Dash Cams, there is less reliance on a “he said/she said” situation, due to (somewhat) concrete evidence being made available.

I suppose the point of this thread is to ask what (if any) exceptions already exist to the “rear driver at fault” standard ruling, and if anyone has been involved in a situation where the rear driver wasn’t at fault. In addition, to query whether people would support some alterations to how these cases are ruled now that proper evidence is a factor.

Keen to hear stories and thoughts.
(Please excuse autocorrect errors as I’ve typed this on a phone).

Comments

    • The other driver had no insurance and admitted fault at the time of the accident but said it was my fault when my insurance company called.

      This, unfortunately, is very common. Lots of people let their guard down at the scene when the other driver is there apologising, etc and expect that other driver will be honest during the claim later on.

      The only way to protect yourself is, like you did, take lots of photos and videos on the positioning of the vehicles immediately after the incident (where it's safe to do so).

  • I was deemed not at fault for hitting some else’s car from behind… I had stopped in response to the car in front me emergency braking and the car behind me hit and pushed me forward into them.

  • "Rear driver always at fault" is not a standard ruling. It doesn't say that anywhere

  • I was involved in an accident at a traffic light and i was the rear driver but i was not at fault and the driver in front of me accepted it. What happened was the lights went green and he meant to go into drive but instead must have put it into reverse and reversed into me, I saw it happening and tried to beep him and also put my car in reverse but it was too late. He did accept blame.

  • I had a friend who was driving on a rainy night on the right lane and there was a taxi driver driving on the left lane who aggressively sped up and merged right to overtake my friend and then suddenly braked in front which resulted to my mate rear ending the taxi driver.

    Taxi driver came out accusing my mate that he was aggressive with the situation and that he rear ended him. They traded details and my mate went to his insurance provider.

    He excess was in the thousands so he felt dirty about the situation. Anyways when he contact the provider he explain the situation and insurance said unless there is proof or eye witness then it’s usually the car behind who’s at fault.
    Low and behold he did have his dash cam on and recorded the incident and sent it off to the insurance provider. They came back and said yep the driver was driving aggressively, was merging unsafely and resulted him being rear ended.
    I guess based on conditions, behaviour of driver and situation accounted for him not being at fault. So many variables that it makes it difficult to have a set ruling.

  • +6

    This post heading is click bait -

    Potential Changes To How “At Fault” Is Determined?

    Makes out like changes are being discussed when no such thing is, or has occurred.

    • Click bait indeed.

      In general, a car hits another car in front will almost always be at fault with very few exceptions.

      Its a morally wrong assumption but that is how it is in Australia.

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