Thread: D3 vs Commodore ute: And the winner is.....

Originally Posted by Zute

You need to be carefull when leaving the tow hitch in. As it can be claimed that it increased the amount of damaged done to the other car. (not in this case ) NSW law says that tow hitches must be removed when not in use.
It could also move the impact forces into the chasis, instead of being absorbed by the bumper.

No RTA regulations specify "towbars must not protrude dangerously when not in use".

I know it's a fine point of law, but it requires some interpretation of both the term "protrude dangerously" and "not in use".

If I have just dropped off one trailer and am proceeding to pick up another is that "not in use" or "in use on a daily basis" or something else?

Is the towbar protruding dangerously if another component of the car, such as a spare wheel carrier, is protruding an equivalent or greater amount? Trayback utes are a classic example of this, many if not most trayback towbars protrude less than the rear of the trayback, so the towbar can not be considered to protrude dangerously, at least from a pedestrian point-of-view.

The argument from the insurance company's point-of-view is moot. The driver of the vehicle behind should not have run into any part of the car in front regardless of it's protrusion and from the perspective of the insurance company of the front vehicle, the presence of the towbar is likely to have reduced damage to that vehicle (and the same goes for the other insurance company who has to repair the car in front as well.)

Originally Posted by ozscott

I do the legal fallout of nose to tails for a living....it is not always the case that person behind is always entirely to blame if that is what you are suggesting matey.

Cheers

So what sort of scenario would the driver behind not be 100% at fault? Barring things like front vehicle rolling backwards on a hill-start of course.

Originally Posted by Dougal

So what sort of scenario would the driver behind not be 100% at fault? Barring things like front vehicle rolling backwards on a hill-start of course.

In all accidents you are at fault just for being there I am told.

I went to make a claim on my wifes car a while back where a person side swiped her while she was parked outside of our house on the road.

I was treated like i was trying to make a false claim and told we are at fault just for being there.

Insurance is very fickle from my experience.

Stay safe everyone is all I can say.

I got off a run up the back of the car infront once, because all drivers must drive with due care and consideration to other road users. In this case a sudden stop without giving adequate notice indication etc was my defence and before everyone says I was travelling too close we had both just survived a panic stop due to a car in front having a blow out.

Ive used a disco to stove in the back of a taxi, admitted it was my fault because I coudnt stop in time, the accident investigation was done and it was revealed that that night a tanker had come acropper in the same place and dropped dieso on the road, it was raining and the reason I couldnt stop was due to the water/dieso mix on the road.

3 days later I got a report from the cops explaining not at fault the insurance company came to the party, I still had to pay my excess because I had admitted to being at fault but they let me keep my no claim bonus and paid everything else.

Black and white I was in the wrong, I hit the car in front at an estimated 10-15kph. All circumstances weighed in and I was not considered to be at fault and at the end of the day the insurance company responsable for the clean up crew paid out on my and 7 other claims in that exact same spot because they (the clean up crew) failed to adequately restore the site to usability or place out adequate warning signs.

I once saw a nose to tail involving five vehicles, each up the back of the one in front (except the front one of course). The last one was charged, the others got off because they didnt cause it.

Originally Posted by DiscoMick

I once saw a nose to tail involving five vehicles, each up the back of the one in front (except the front one of course). The last one was charged, the others got off because they didnt cause it.

Yes - but "charged" and insurance claims do not necessarily match one to one!

My similar experience was stopping when a blind pedestrian stepped off the kerb in front of me. Corolla behind stopped with the 110's tow bar about a foot from the windscreen, energy being absorbed by rolling up the Corolla's bonnet. Damage to the 110? Bit of white paint on the tow bar, just brushed off. Swapped names and addresses,last I heard of it.

John

I had a bloke run into me when i was in my old hilux 1t ute with steel tray and haymen reece. Wrote his car of, actually i think it may have been his dads and I drove of with a paint scuff on my towbar. The thing that bothers me the most about dickheads not watching and then running up peoples ass's is the car that gets pushed forward into a crowded school crossing or someone just crossing the road.