- This topic has 2 replies, 3 voices, and was last updated 9 years, 5 months ago by .
-
Topic
-
General question only, based on limited detail. I only expect general answers.
Car A drives into off road into a shared driveway at approx 12kmph – this is not in dispute. The group of units/flats speed limit is 7kmph, with 2 signs clearly visible on entry.
Car B reverses out of car park and hits car A on the shared driveway. Car B appears at fault based on these facts, however…
2 Questions
1. Are owners corporations considered private property, so each party pays their own cost?
If not.
2. Does the fact that the driver of car A was driving over the speed limit (Obviously not an official Vic Roads speed limit) *possibly leave him in *part liable for the accident? Is this arguable or is it totally irrelevant?
Thanks for your help.
-
Replies
-
Car B should have looked out for oncoming traffic & car A should have done the same. There needs to be a decision regarding the rate of each car’s negligence. A good example is if car A is found to be negligent by 10% & the total cost of repairs is $1000, then car A pays $100 & car B pays $900. I know I have oversimplified this somewhat. However, unless the accident had resulted – at least in part – from some foreseeable hazard on that section of the common property, it has nothing to do with the OC, except for the extent of any damage to common property. Shared driveways & roads differ from the usual traffic laws only in the speed limits.
The question of breaking the speed limit is a breach of by-laws (if they were imposed by by-laws to begin with).
The question of fault and who pays – most insurance firms will treat this as an accident and it then depends on the terms of either driver’s insurance policies. If you have to pay an excess or lose your no claims discount, it’s up to you to prove the other driver was at fault.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- You must be logged in to reply to this topic.