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Hi there,
So I was involved in a car incident a while ago where a vehicle sped reversed into mine while I was reversing out of a carpark slowly and already begun stopping. It is tricky cause of the situation but I believe that I am not liable due to these reasons.
I had already backed out further enough into the line of traffic, my car was more than halfway out of the carpark. I've seen multiple articles saying he should have yielded as I had backed out further enough for me to have right of way. He would have had to drive on the opposite side of the road to avoid me.
The damage on my vehicle is pretty extensive as opposed to his, basically no damage. Due to the speed he was driving at, he's crushed the entire right corner/right rear side of my bumper, smashed all the lights on that side, along with some internal damage even. According to NZTA rules, a carpark speed limit is 10km. I am getting statements from multiple mechanics along with a police report on this support that he was definitely speeding.
I am prepared to take this to the disputes tribunal as he is denying any liability.
Thoughts?
Many thanks,
Hi there,
These incidences are always a tricky one to rule on without seeing the event, or analysing the damage to both parties. Insurance would usually have a ruling or police of they attended, sometimes it can be ruled 50/50 if no determination is reached. As reversing a vehicle is generally contrary to the directional flow of traffic, responsibility is high and when two cars are reversing it may be fine details that would cause liability to swing from one party to another.
Okay thanks. Looks like I'll have to take it to the disputes tribunal but I only have the driver's name, phone number, email and car registration. I still need his address but he is not responding now. How I can I get it to proceed? Many thanks
Hi there, due to the Privacy Act unless they give you their address, I don't know of any way to obtain it- unless the police were to give the information out.
Link to obtain registered drivers address details ($15 fee) and explanation https://transact.nzta.govt.nz/transactions/ReqPersonalInfoAccess/entry