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I hit a car in the back with my car, causing damage which I…

Customer Question
I hit a car...

I hit a car in the back with my car, causing damage which I must pay for.

Lawyer's Assistant: What state is this in? And how old is the car?

In driving across three lanes of the Freeway to the emergency lane, the other driver drove into the concrete kerb, damaging his rear wheel and bending his steering column. He is insured, I am not. He and his insurance company are expecting me to pay for the damage to his steering alignment which will be expensive. This damage was not directly caused by me. Am I liable?

Lawyer's Assistant: Has anything been filed or reported?

Sorry - this is in Victoria, Australia. My car is a Nissan X-trail, 2007. I don't yet know what his car is. He has reported the accident to his insurance company, Allianz. I have not reported it to anyone except the tow truc

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 10 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/28/2017
Solicitor: Leon, Solicitor replied 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,962
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon

The question is, are you saying that you did not cause him to lose control and move across the 3 lanes?

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Customer reply replied 10 months ago
I ran into him. He was in control and drove off to the emergency lane, as I did. I injured the panel on the back of his car, but that did not interfere with his driving. You could argue that he was in shock, as I was. But does that make me liable?
Solicitor: Leon, Solicitor replied 10 months ago

It is going to be difficult to prove it was not caused by you.

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Customer reply replied 10 months ago
I don't want to pay more. (I'm very much out of pocket already over this). Can you give me your opinion online?
Customer reply replied 10 months ago
I think I was the occasion of it, but there is no doubt that he caused it. It could be said that he was in shock, leading him to misjudge the nearness of the concrete barrier, but is that legally my fault?
I would so much rather pay only for the damage I caused to the rear of his car, and let his insurance cover the axle.
Customer reply replied 10 months ago
If he had driven off the freeway over a culvert and written his car off, would I be liable for all that?
Customer reply replied 10 months ago
Have you anything further to say? Without being rude, I don't feel I have had my $112 worth. This is the first time I have used this service.
Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon,

If you can show that there has been negligence on their part you may be able to reduce the total cost by certain percentage. But generally the courts will find that any damage would have been as a result of the collision with you.

You have to take into account the speed and the results of your collision.

I would negotiate with the insurer to try and reach an agreement but if it is to go to court I believe that you will be found liable for 100% unless you can provide an expert report that would show he caused damage due to his own negligence.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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