car accident, not my fault
I was involved in a little car accident in which the other car suffered a small damaged (cost USD 1,350). I have argued that I do not accept responsibility for this: I was driving along a narrow path , when the back door
of the other car (a van) got opened and clashed with my car. My ute did not get any damaged because it
was hit in the middle of the metal body.
I am now informed legal proceedings will commence over this case.
I just found out my car insurance had expired.
Many thanks for your advice,
Hi there.
It sounds like you have two questions. First, whether you are responsible for the car accident; and second, whether your insurance will cover the accident.
It is not possible to say for sure whether you are liable to the other person for the damage to their car. It will depend on a range of factors: did you have time to see the door open? How fast were you driving? How narrow was the path? The test a Court will apply is whether you were driving with appropriate care. This is more a question of fact than a question of law. This means that if you do not think it was your fault, you are able to defend yourself against the other claim. A lawyer will be able to help you write to the other party setting out your position, negotiate a settlement, or, if necessary prepare for Court.
The second question will depend on your insurance cover, and when it actually expired. If your third party property insurance had expired at the time of the accident, then the insurance company will not have an obligation to cover you, or defend proceedings on your behalf. This question is separate to the question of whether you are liable for the accident itself.
Suggested way forward
If you have been notified by the other driver that they have commenced legal proceedings in court, then you should speak to a lawyer about your legal rights and options. Court proceedings can be complicated. Successfully presenting your case in court can be difficult without expert assistance, especially if you want to defend the claim or you disagree with the other driver’s case against you. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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