"Just JT" wrote in message
news:4832b8eb$0$27094$9a6e19ea@unlimited.newshosting.com...
> What is the ruling on rear-end collisions in Australia roads? Is it
> pre-determined that the car from behind is always at fault? If not, when
> is the car from behind not at fault?
Often it may well be that the person behind is at fault - but this is not
predetermined - each case should be considered on it's own merit. My
brother had a car change lanes in front of him - with insufficient space and
no indication, the situation became critical when the lane changer then
stopped to enter a driveway on the left. The driver of the other vehicle
was adamant that he was in the clear as he was hit from behind. Multiple
witnesses, attending police and both insurance companies saw it differently.
On another occasion, I was driving down major highway at the legal 100kph,
other driver pulled out of side road (against give way sign in addition to
giveway rules). As the ABS kicked in, the other driver looked up in the
mirror and saw me, her reaction was to stop accelerating. Towies spent
30minutes telling me I was at fault as it was me that hit her from behind.
Attending coppers dismissed that as urban legend and stated she was
categorically at fault, and would be recieving fail to give way ticket in
addition to my repair bill. I was glad I had fully comp as she had no
insurance.
> --
> Can't.find.any.ruling.in.RTA.site.
There can be no decision based on points of impact alone.
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