If it is almost dark, and visibility is poor (peeing down with rain) and car A doesn't see car B because car B didn't have its lights on, and car A hits car B, is car A automatically at fault!
Hopefully you get that explanation LOL.
Cheers.
gunhand,
Dec 5, 1:51am
Yep. Car A pretty much.
klrider,
Dec 5, 1:56am
not quite. If it was during hours where the car should have its lights on, and on the road, then it might not be so clear cut.you should be able to assume that you wnt come across a car on the road at night wthout its lights on shouldnt you!
princesspossum,
Dec 5, 2:00am
Thanks for the replies. It was almost dark and raining so conditions were pretty dodgy. Will ring the insurance company and see what they say, not going to admit liability at this stage - I gave way to two cars that had their lights on before hitting car B because I could actually see them.
gunhand,
Dec 5, 2:01am
Where did you read what time it happened! one persons idea of almost dark may be different to the hours of darkness. But its not a good explaination of it all anyway.Did it arse end it! did run an intersection and so on. Your right not clear cut at all. But the hitter probably to blame, are most of the time.
ntalke,
Dec 5, 2:04am
This is what your Insurance Company will be looking at
It happened at 8:20-8:30pm but because of the weather, it was darker than it usually is (no sun to set). I don't know if they take the weather into consideration though!
gunhand,
Dec 5, 2:08am
Why! if shes fully insured they will pay out anyway regaurdless if she was in the wrong. They won't care what time it happened as such. No one died. Its a simple car accident really. may cost an excess and loose no claim bonus or something.
gunhand,
Dec 5, 2:10am
If it wasnt daylight saving it would be dark as but its still very light here even though its rainy and cloudy.Don't stress it. Shit happens every day and its not hard to miss a car, especially in that circumstance.People hit each other every day in broad daylight.
gunhand,
Dec 5, 2:13am
Or are you worried about a prosecution!
princesspossum,
Dec 5, 2:36am
Thanks, yeah it could be worse. Just money at the time of year you don't need the extra bills!
Hopefully no prosecution.
johnf_456,
Dec 5, 2:36am
Right on post #9, just chill and let the insurance companys decide. No Lights on don;t automatically give someone the no blame card. It sure is hectic at this time of the year, had 2 near misses today myself. One while driving in a straight line on the motorway at 5k in peak hour and another one attempting to change lanes driving through a intersection while half way around a corner. Some people just don't realize if you are in the left lane turning right you stay in that lane!
gunhand,
Dec 5, 2:40am
Tell me about it. Something always seems to try an ruin ya Xmas LOL. Have the Police been involved!If the two of you sort things out amicably there would be no reason to involve them. If it was serious accident they would turn up anyway. All it would be is a failure to give way. Prob just a fine.
master-trader,
Dec 5, 2:48am
was Car B in motion or parked ! it doesn't say anywhere aboutwhere car B was . Was B in front of you ! coming across the top of a T! parked on the your side of the road ! parked across the road ! did someone cross the center line ! be as specific as possible, otherwise people can only guess and make assumptions
n1smo_gtir,
Dec 5, 4:17am
Looking at post 1&4, Car Be must be coming the other way and OP is attempting a turn as she said she gave way to 2 other cars as they had their lights on but didn't see Car B as it didn't have its headlights on.
Generally Car A still be at fault as driver of car A did not ensure it's safe to turn. You would expect drivers to use common sense and make themselves more visible during poor visibility but according to road code, headlights should be on half hour before sunset. As the driving condition is poor, drivers should be extra vigilent and triple check to ensure no oncoming vehicle before turning.
pauldw,
Dec 5, 4:37am
Your insurance company pretty much insists that you don't admit anything. Leave it to them to sort it out.
smac,
Dec 5, 12:58pm
There is no way at all to tell from the info here who, if anyone, was at fault. As discussed in other recent threads, people get off what are generally considered "always at fault" situations all the time. It's never black and white.
There was a recent cases where a pedestrian was hit and killed, but the driver was found not to be at fault due to the circumstance. Unless you have ALL the facts, there's really not much point guessing.
daryl14,
Dec 5, 1:07pm
This sounds like you crossed into the path of an oncoming vehicle without being 100% sure the way was clear.
But as already said. you should only have to pay an excess at worst.
klrider,
Dec 5, 1:13pm
I didnt, thats why if you read my post correctly you will see the word 'if'.It is an offence during the hours of darkness to drive without your headlights on 'if' this was happening then its not as clear cut and the person hit may have contributred to the accident.
kevymtnz,
Dec 5, 1:25pm
from 30 minutes after sunset on one day, until 30 minutes before sunrise on the next day at any other time when you can't clearly see a person or vehicle 100 metres away
mark.52,
Dec 5, 1:58pm
"Dark" is clearly defined. I believe #21 has the correct definition. Headlights might also be required to be shown by the local body by-laws, when street lighting is on, which might vary slightly from the official hours of dark.
If the visibility was less than 100M, you would have a defense. Proving it might be awkward, though. 100M isn't much .2 swimming pool lengths.
Honestly, I think too many people drive with lights on when it's not necessary. Over time, this conditions people to only be aware of something that is particularly attention-grabbing, and the tendency is then to just not perceive a threat unless it screams out "I'M HERE LOOK AT ME".
smac,
Dec 5, 2:12pm
You serious! Wow.
meathead_timaru,
Dec 5, 2:14pm
Pretty much equal blame. But good luck proving that they didn't have their lights on.
mark.52,
Dec 5, 2:15pm
Yeah. I'm deadly serious.
I think that over time there are so many distractions - on the road, on tv, in day to day living - that our perceptions become dulled.
FWIW I work in a transport safety-related function and have studied enoughhuman factors for long enough that it leads me to that conclusion.
smac,
Dec 5, 2:18pm
Well good for you. Whereas with you working in a transport safety-related function (whatever that is!) I would have hoped you put some faith in actual research.
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