flyingdutch <[email hidden]> wrote in message news:<[email hidden]>...
[snip]
Quoted message said:Just to throw a tidbit re who's fault it is if someone pulls out, if you
are invoolved in a collision and it is deemed reasonable that you were
not able/not enough time to react despite identifying the likelihood of
said collision, you are NOT at fault (jumping in front of Bus scenario,
pulling out of sidestreet inside 10 metres of oncoming traffic, etc).
That's the word from 'Blue' mate i just got off the phone with
(incidentally, he's a motorbike cop who pushes traffic light buttons
along Beach Rd - Hitchy?)
I'll second that... In another life I was doing research on behalf of
an insurance company, examining car accident claims.
As far as insurance goes, if you break the law and the other person
doesn't, you're almost surely liable (not always, but mostly).
If you both break the law, (such as fail to give way and the other
person speeding), the responsibility is more likely to be shared. The
magistrate ultimately allocates proportions of the damages to the
parties, depending on the share of responsibility. There is no
black-letter law (so to speak) on allocating the shares of
responsibility, but there are generally very strong precedents. In the
example, the share of blame starts off with the person that failed
right of way and is then shifted to the speeder, depending on how fast
they were going.
Ritch.
