Opinions on Liability and Blame

[GasoLane]

Originally Posted by FordACE

And thus clearly, I am legally parked. I knew I was right. I have a hard head when it comes to being in the wrong. If I am in the wrong, then fine, i cop it. But not if i'm not.

Bugger the Legal bit, see my earlier post. he backed into your car, therefore it's his fault.

[FordACE]

Sorry guys if I have gone on and on about this. Basically, If I was illegally parked, I would have to pay for some of the repairs. Because the truck driver is uninsured, and will definetly state that I was illegally parked. Which means, the insurer is going to require evidence from me to the contrary. I just wanted to ensure that I was not illegally parked, so that I have peace of mind. I really can't afford to pay for half of the damages or whatever. I'm a student who is trying to make a few dollars on holidays, so every bit counts. I don't want to pay for something I did not cause. I am certainly not made of money.

[Racecraft]

I got a $76 ticket 3 weeks ago for the exact same thing.
"Obstructing/Obscuring a causeway/driveway" ... If I had the ticket I could get the wording off it but my boss paid it because the carpark was full.

To quote:-
(2) A driver must not stop on or across a driveway or other way of
access for vehicles travelling to or from adjacent land
unless—
(a) the driver—
(i) is dropping off or picking up passengers; and
(ii) does not leave the vehicle unattended; and
(iii) completes the dropping off or picking up of the
passengers, and drives on, as soon as practicable
and, in any case, within 2 minutes after stopping;
or
(b) the driver—
(i) stops in a parking bay; and
(ii) is permitted to stop in the parking bay under this
regulation.
Maximum penalty—20 penalty units.
(3) For subsection (2)(a)(ii), a driver leaves a vehicle unattended
if the driver is more than 3m from the closest part of the
vehicle.

Reguardless of the picture, the wording is a very grey area, its the unattended bit that throws a cat amongst the pidgeons so to speak.. It really doesn't matter though because HE hit you..

[FordACE]

Originally Posted by GasOLane

Bugger the Legal bit, see my earlier post. he backed into your car, therefore it's his fault.

Okay. but i'd still prefer to know that I was "legally" parked. Mainly as a double reassurance that I wont' have to pay a dime.



Thanks everyone for your input. It is certainly good to get an unbiased perspective on a matter.

[parawolf]

Originally Posted by Racecraft

(2) A driver must not stop on or across a driveway or other way of access for vehicles travelling to or from adjacent land unless—
(a) the driver—
(i) is dropping off or picking up passengers; and
(ii) does not leave the vehicle unattended; and
(iii) completes the dropping off or picking up of the
passengers, and drives on, as soon as practicable
and, in any case, within 2 minutes after stopping;
or
(b) the driver—
(i) stops in a parking bay; and
(ii) is permitted to stop in the parking bay under this
regulation.
Maximum penalty—20 penalty units.
(3) For subsection (2)(a)(ii), a driver leaves a vehicle unattended
if the driver is more than 3m from the closest part of the
vehicle.

Reguardless of the picture, the wording is a very grey area, its the unattended bit that throws a cat amongst the pidgeons so to speak.. It really doesn't matter though because HE hit you..

To me that is pretty black and white. Your car is considered unattended if it is on or across a driveway, when you are more than 3 metres away from the car.

In those photos, he is neither on nor across a driveway.

Open-shut. There is no description as to proximity to the said driveway which is counted as across. The only proximity is you to your car when it is on or across the driveway when describing the vehicle as unattended.

[FordACE]

Originally Posted by Racecraft

I got a $76 ticket 3 weeks ago for the exact same thing.
"Obstructing/Obscuring a causeway/driveway" ... If I had the ticket I could get the wording off it but my boss paid it because the carpark was full.

To quote:-
(2) A driver must not stop on or across a driveway or other way of
access for vehicles travelling to or from adjacent land
unless—
(a) the driver—
(i) is dropping off or picking up passengers; and
(ii) does not leave the vehicle unattended; and
(iii) completes the dropping off or picking up of the
passengers, and drives on, as soon as practicable
and, in any case, within 2 minutes after stopping;
or
(b) the driver—
(i) stops in a parking bay; and
(ii) is permitted to stop in the parking bay under this
regulation.
Maximum penalty—20 penalty units.
(3) For subsection (2)(a)(ii), a driver leaves a vehicle unattended
if the driver is more than 3m from the closest part of the
vehicle.

Reguardless of the picture, the wording is a very grey area, its the unattended bit that throws a cat amongst the pidgeons so to speak.. It really doesn't matter though because HE hit you..

The 3 metre part of that section is simply for the driver himself. If you exit your car and walk away from it more then 3 metres, then the car is deemed to be parked. It does not mention anywhere in that section how far away you shoudl be from the drive way.

[EBII Fairmont]

It is the truck drivers fault, As stated by others, your car was parked and therefore he his liable. My brother hit a brand new BMW. Even though she hadn't parked on the side correctly out of the limit, my brother was still liable for damages. But he was lucky that she never called up. I think she saw my bro's XF and felt sorry for us so she didn't contact him.

[GasoLane]

Originally Posted by FordACE

Because the truck driver is uninsured, and will definetly state that I was illegally parked. Which means, the insurer is going to require evidence from me to the contrary. I just wanted to ensure that I was not illegally parked, so that I have peace of mind. I really can't afford to pay for half of the damages or whatever.

Judging from the pics the truck is a local truck carting box's from the wharf. Local drivers are usually given a wide berth by interstate drivers as they are not known for their brain capacity. The fact that this dork is driving around Brisvegas ALL DAY with no insurance proves this. See your insurance Co and let them go for the throat.

[FordACE]

Originally Posted by GasOLane

Judging from the pics the truck is a local truck carting box's from the wharf. Local drivers are usually given a wide berth by interstate drivers as they are not known for their brain capacity. The fact that this dork is driving around Brisvegas ALL DAY with no insurance proves this. See your insurance Co and let them go for the throat.

Well the car was dropped off at the assessing bay this morning. Should be fixed by friday afternoon they say. The excess is waived because I gave them all the details of the truck driver. As i said earlier, the insurance comapany believes he is at fault. I was simply, for my own peace of mind, seeking everyone elses opinion on the matter. The first thing I did after the accident was call the cops. They told me, unless I was in the drive way then i was not illegally parked. They did not mention anything about distance from drive way. Then once I got home from work, the first thing I did was call my insurance.

Hopefully it comes out prettier than it was before the accident. I needed a new front bumper anyway. lol

[ltd]

Here in the nanny state (NSW), you could be found liable. Similar thing happened to a commodore VY R8 or whatever (heaps of plastic). The only difference is this guy parked before the driveway even commenced however it was in a no standing zone. We have concrete trucks and prime movers in our street all day and anyway one day a semi collected, and ran over, the bonnet of this R8. The guy was furious, the truck driver was mad as hell, and the police ruled in favour of the truck driver. I have heard the R8 driver since ranting on about how the NRMA could possibly find him liable. So, if it was parked in a no standing zone then you would be liable for the damages to his truck and your car.

[parawolf]

Originally Posted by ltd

The guy was furious, the truck driver was mad as hell, and the police ruled in favour of the truck driver. I have heard the R8 driver since ranting on about how the NRMA could possibly find him liable. So, if it was parked in a no standing zone then you would be liable for the damages to his truck and your car.

That is idiotic.

The truck driver regardless of how the car was parked, did not exercise due care and caused the damaged.