VIC Car Accident - Reversed into Car Parked on Naturestrip

[JayCGee]

Hello, my daughter reversed out of our driveway, and hit a car parked on our nature strip that was slightly overhanging the driveway. Accident occurred on driveway that leads to our neighbour's house (as it runs in front of our property)

Is it likely we are 100 liable for damages to the other car following the car accident? Is is possible that there is shared liability due to vehicle being parked illegally on nature strip? Would/could there be consideration given to the fact that it was slightly overhanging driveway (our word against theirs).

Many thanks!

 

[Sarah J]

Hi JayCGee,

Victorian rules in relation to parking are found in the Road Safety Rules 2009 (Vic) under Part 12.

Generally, it is an offence to obstruct access to and from a footpath, driveway etc (RSR s 198). In such a case, the other vehicle should have been reported and the owner/driver would have faced a fine.

However, your daughter is still liable for damages caused to the other vehicle as she did not back out of the driveway without ensuring that it was safe to do so. You can still raise the fact that the car was illegally parked but this would only mitigate your liability to a small extent, if any. Photographic evidence in this instance would assist your claims.