Legally what would happen if.

Page 1 / 2
trogedon, Mar 21, 7:52am
I had cycled into Ponsonby to meet my family today. I was waiting for them when I saw a fatcat (literally fat) guy trying to find a park for his (or someone??

flitt, Mar 21, 8:05am
No.

If they had full insurance, why wouldn't it be covered! Would the Rolls be at fault! Yes. Parked within 6 metres of intersection - $60 fine. Would the other car be at fault! Yes. Speed to great to stop short or sudden stop by other vehicle - $150 + 20 demerits.

So, two offences. By the sound of your description the vehicle that drove into the back of the Rolls would be liable for damages.

twink19, Mar 21, 8:07am
if they hid the Rollsmin $100k damage

flitt, Mar 21, 8:08am
Oh and I forgot the fine for parked on yellow lines is possible.

gtrmotorsport, Mar 21, 8:18am
Some one have a bit too much to drink one night

flitt, Mar 21, 8:18am
Yeah, you can't just drive into people you discover breaking a road rule. lol

Though, it would be fun.

movnon, Mar 21, 9:22am
# offences by Rolla driver. 1: parked on wrong side of road
2: parked within 6m of intersection
3: parked on yellow lines (no parking zone)
If the other driver came around the corner& collided with the rolla, surely it would be front ended!The whole purpose of the offences above is to prevent these incidents. Offences by other driver = nil. Response of rollas insurance co = unimpressed.

flitt, Mar 21, 9:34am
You are correct in discovering my slight mistake. Yes, the front end.

The rest of your post seems to indicate that the car that drove into a parked car will not be liable. I do not agree.

footplate1, Mar 21, 7:32pm
Pity there isn't a fine for arrogance.

smac, Mar 21, 7:32pm
Yah you can't hit stationary object (including a badly parked car) and not expect to have done SOMEthing wrong.

If the other car isn't guilty of not adhering to stopping distances ( http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303092.html#DLM303092 ) then they must have been going at a speed where they could have stopped, but chose not to. THAT would be 'careless' at the very least. Possibly dangerous. http://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434511.html#DLM434511
http://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434514.html#DLM434514

1fordluva, Mar 21, 8:21pm
Fact is you may not park facing oncoming traffic,also on top of yellow and that close to an intersection.
Insurance wouldnt cover him for that surely.

flitt, Mar 21, 8:44pm
Why do you say insurance won't cover! Insurance will cover you regardless of whose fault it is. A breach of Terms & Conditions would be in the form of an unlicenced driver given permission to drive it or a drunk driver.

smac, Mar 21, 8:51pm
One of the primary reasons for insurance is for when it IS your fault.

bitsy_boffin, Mar 21, 8:53pm
A breach of the law is not an auto out for insurers.

However.Parking in that way would substantially increase the risk of damage, if it came down to a disputes hearing, I wouldn't put money on the outcome.

desmodave, Mar 21, 8:57pm
I have never seen a car swooped before only birds.I am picking that the guy you were talking to is wroung.It is the car that has insurance cover and it has buger all to do with the rules of the road.I am also picking that same guy would say you wont have insurance cover if your car is with out a w.o.f.

stevo2, Mar 21, 9:15pm
It doesnt matter what got hit, from a car to a bunch of cyclists stopped having a chat, Insurance would pay during daylight but perhaps not at night because there would be no red rear reflector showing.
cheers stevo

flitt, Mar 21, 9:33pm
Hmm. The insurer of the vehicle which drove into the parked Rolls is liable here. I don't think that a difference between night and day changes that. Vehicle A has hit a parked vehicle B in such a way that it was possible to avoid. Your argument seems to suggest it is ok to hit anything at night which doesn't display red reflectors.

1fordluva, Mar 21, 9:42pm
Because he knowingly parked the vehicle into oncoming traffic and on yellow lines.
They wouldnt pay out on it.
Insurance is there for accidents,not to pay out on ignorance.
Any claims adjuster can tell you that.
They "insurance" are getting alot tougher on paying out for things.
This is a prime example of blatant stupidity.

gusthe1, Mar 21, 9:47pm
if you havent got more the $500,000 in your account dont even start looking.

flitt, Mar 21, 10:12pm
All collisions are a prime example of blatant stupidity. In this case both operators of vehicles are blatantly stupid. It now becomes a measure of who is the most stupid. And here it is the driver of the vehicle which turned a corner in such a manner that it failed to stop for a parked car. Yes, the Rolls was badly parked, but that bad parking was not the cause of the collision.

1fordluva, Mar 21, 10:20pm
Your a dick,He has blatantly broken the law!
Lark.dont ask questions if you already know the answer you fool.

flitt, Mar 21, 10:33pm
So your reasoning is some explanation marks and name calling!

I also think it is funny that you think I am a fool for trying to clarify who you were talking about.

Hey, go drive into a badly parked car, see how you get on.

1fordluva, Mar 21, 10:37pm
The rollers insurance would pay for the damage to another car or bike .yes.
Would they pay for the rollers damage due to being hit No!

flitt, Mar 21, 10:45pm
This is difficult to understand. Does that make me a dick again! From what I guess you are saying - I don't agree and I think I have explained it enough already.

1fordluva, Mar 21, 11:27pm
Maybe its because you are a bit simple.