Car Accident Who's at Fault?

LClownCar on 24/02/2022 - 10:28
Last edited 24/02/2022 - 10:47 by 1 other user

Hello OzBargain, asking for a family member.

Accident occurred on a road with two way traffic. There are no dividing lines on the road. There are 90 degree angle reverse parking on the Northern kerb of the road. Both red and blue cars are driving West bound. Blue car is driving behind the red car when red car drives into the East bound lane and stops. Blue car continues West when the red car makes a left turn to move to do a reverse park. The red car collides with the rear driver side of the blue car.

Who is at fault?

Both drivers are claiming the other party is at fault.

Blue car is insured with third party only. Is it worth making a claim still for insurance to investigate?

MS Paint picture to assist.

Thanks.

Poll Options expired

  • 117
    Red Car
  • 6
    Blue Car
Automotive

Comments

  • Hybroid on 24/02/2022 - 10:31

    Cannot say without video evidence. Did red car indicate, did they slow down or sudden turn, was enough space left, did blue car accelerate when shouldn't etc. This rare time MS Paint doesn't help.

    Having said that, gut feeling is red car's fault as they turned into the other car and should be more aware of surroundings.

  • Ocker on 24/02/2022 - 10:41
    +6

    Red car is at fault as they were the ones changing direction without due care

  • 4foxache on 24/02/2022 - 10:45
    +8

    Gut says Red car is at fault, if you drive into the side of someone then clearly you are the one in the position to stop. They should have given way imo.

    As a courtesy the Blue car could stop and wait for the reverse parker to complete the turn however that's not mandatory imo and often hard for that driver to determine what the Red car was planning on doing.

  • klonky on 24/02/2022 - 10:52
    +21

    Red car crossed in to the wrong lane and then crossed again in to traffic. There is no question who is at fault.

    • Almost Banned on 24/02/2022 - 12:04
      +2

      Right?
      What type of psycho pulls into the wrong lane, stops, and then pulls back into the right lane without checking it is clear?
      If you are turning into parking bays on the other side of the street, you need to pull in nose-first.

    • pharkurnell on 24/02/2022 - 11:06
      +10

      You shouldnt bring logic into these threads until page 3

    • Drakesy on 24/02/2022 - 14:41
      +10

      Simply indicating doesn't permit you to make a manoeuvre into the through lane which has right of way. Blue legally doesn't have to yield.
      It indicates where you go, not where you can move without legal recourse.

      • GG57 on 24/02/2022 - 14:43
        +1

        Completely correct.
        Of course, it is in everyone's best interests for both parties to avoid a collision if possible to do so. At worst it would be a small delay for the blue car driver to wait for the crazy red car driver to do whatever they thought they would do.

  • Brian McGee on 24/02/2022 - 11:04
    +3

    Red car drove on the wrong side of the road, case closed.

  • FoxJump on 24/02/2022 - 11:06

    The green sheep. It's always the green sheep's fault. Green sheep probably was driving the red car.

    • Euphemistic on 24/02/2022 - 12:20
      +1

      Can’t find the green sheep. where is the green sheep?

      • Saruname on 24/02/2022 - 13:51
        +2

        There he is, fast asleep.

  • Muzeeb on 24/02/2022 - 11:11
    +4

    Do you have a Google map link of actual location?

    Why did the red car need to re-enter the left lane to perform the reverse parking manoeuvre? Is space that limited?

    There are no dividing lines on the road.

    Doesn't matter.

    red car drives into the East bound lane and stops

    you can overtake another vehicle on its left side if the vehicle is not moving.

    asking for a family member

    Yeah right. Username confirms you are the red car driver. Nice try but.

  • pegaxs on 24/02/2022 - 11:14
    +6

    Red car, because basically they need to give way to everyone, especially if they have crossed over the dividing line. More so because they hit the blue car in the side. Red car is an idiot for even attempting to claim.

    • Muzeeb on 24/02/2022 - 11:20
      +1

      But who has right of way? 😉

  • ThithLord on 24/02/2022 - 11:20
    +3

    Sounds like the red car was behaving in an unpredictable manner. Definitely at fault. If they were to attempt that manoeuvre, they should have done it in a fluid and predictable manner (ie indicate right while pulling to the right then to the left as they line up their vehicle with the car park)

    • Muzeeb on 24/02/2022 - 11:26
      +3

      Pending a Google map image I can't even see why the red car had to renter the lane to perform a reverse park.

      The whole idea of a reverse park is that the car swings better with the steering wheels going in last and then it's safer to vacate the parking spot later. Red car is a Muppet and needs to learn how to park properly.

      • Xistn on 24/02/2022 - 11:44
        -6

        Really? reverse park is Asian 101.

  • Youfah Mizzum on 24/02/2022 - 11:28

    Red car at fault

  • raptormesh on 24/02/2022 - 12:01

    Red hit blue, red bad.

  • cuteseal on 24/02/2022 - 12:12
    +3

    One fish,two fish,
    Red fish, blue fish,
    Red is bad, blue is sad,
    Why are they bad and sad?
    I don't know, go ask your dad.

  • holdenmg on 24/02/2022 - 12:22
    +2

    I'm almost certain the red car seemed to be going faster…
    (I wasn't even there).

  • tsunamisurfer on 24/02/2022 - 12:44
    +5

    I think its a nice touch that the red car became shorter upon impact.

    • holdenmg on 24/02/2022 - 12:49
      +1

      I'm surprised Blue or Red met with ADR given no tyres, headlights or brake lights, or tyres.

    • Muzeeb on 24/02/2022 - 13:22
      +3

      And the blue car became skinnier post impact.

      I give a 9/10 due to attention to smaller details and a steady hand for the straight lines in the car park.

  • Caped Baldy on 24/02/2022 - 12:44
    +1

    Might be worth sharing the google streetview link. It is looking to be red car though

  • pao2x on 24/02/2022 - 12:54

    It depends if it is a 2 way it is red car, since red car actually crossed another lane

    If it is a 1 way street depends on the angle and contact, from the MS paint still red car but it could be the blue car in a video because the red car still has the lane in a one way street and blue wrongly assumed red had given way.

  • Drakesy on 24/02/2022 - 14:39

    trucks are permitted to straddle the lanes if turning as their turning circle can require it.

    For a car, yes go into the second lane, but you have no legal standing if you turn into a car travelling in the through lane.
    Thats on the red car any day of the week, just because they're indicating doesn't mean they have right of way.

  • GG57 on 24/02/2022 - 14:41
    -1

    Who determined to put in place reverse parking at 90degrees? They caused the problem.

  • wannagrababargain on 24/02/2022 - 16:11

    OP username checks out.

  • Butt Scratcher on 24/02/2022 - 23:41
    +1

    Red car since it hit the side of the blue car. If the blue car hit the side of red car, it probably would've been blue car IMO

  • 82norm on 25/02/2022 - 07:53
    +1

    What would happen if the cars were the same colour? Whose fault then or nobodies?

  • bweiss on 25/02/2022 - 07:55
    +3

    Both drivers are at fault.

    The red car for causing the accident.
    The blue car for not having comprehensive insurance and hence resulting in this being posted to OzBargain. If the red car just describes a different situation and files a claim with their insurance saying they weren't at fault.. it will be up to the blue car to defend such a claim against an insurance company that has lots of lawyers.

    Have comprehensive insurance. That's the moral of the story kids. Then such posts don't end up on OzBargain 'for a friend'…

  • OzHunterNSW on 25/02/2022 - 14:51
    +1

    It is called negligent driving. The Blue should have stopped and anticipated the actions of Red.

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