VIC Yet another "who's fault when reversing!"

[Zerojay]

What about Regulation 75 - giving way when entering a road related area from a road? The notes in 75 and example diagram in 74 makes it clear to me that a driveway is a road related area. Therefore, in my opinion, the other driver should have given way regardless of the fact iClick was reversing.

I do not give legal advice, just an opinion based on working for an insurance company for over 20 years.

 

[Scruff]

Good catch ZeroJay - but the whole driveway is not a road related area, only the section outside the fence is as per the definition of "road related area". The rest is "adjacent land" and the road rules don't apply on that land itself. From what the OP has explained, I get the impression that he was stationary inside the property when the other driver began to turn in and the OP then began to reverse because the other vehicle was in his blind spot and he didn't see it.

For 75(1)(b) to apply, the OP would have to already be on the "road related area" outside the fence line before the other vehicle began to turn in, which doesn't appear to be the case.

 

[Zerojay]

My impression is that impact occurred outside the fence line. We need clarification. If on private property, the road regs do not apply and probably 50/50 fault.