NSW road rules on parking

 
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Long story short, I got boxed in by a car behind me who is 2/3 inside a 1P zone and 1/3 in a no stopping zone. Upon nudging my way ...
  1. #1
    Member Haplo's Avatar
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    NSW road rules on parking

    Long story short, I got boxed in by a car behind me who is 2/3 inside a 1P zone and 1/3 in a no stopping zone. Upon nudging my way out, I accidentally reversed into that car with no visible damage and about 2mm indent on the bumper bar. My car has a thin line of scrapped paint only visible if you look at reading distance.

    So question is:

    Is a car that is 1/3 in a no stopping zone considered to be parked legally?
    Who is at fault in this case, or is both party considered to be contributory negligent.

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    Re: NSW road rules on parking

    In SA anyway it doesn't matter if the car is parked legally or not if you hit it.

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    Re: NSW road rules on parking

    Yep - doesn't matter if it was parked illegally (be it within a NP zone or closer than 1m to your car). Someone else's breach of road rules doesn't necessarily mitigate your liability - especially when it was a stationary car and you were well aware of its presence.

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    Re: NSW road rules on parking

    Quote Originally Posted by Haplo View Post
    Long story short, I got boxed in by a car behind me who is 2/3 inside a 1P zone and 1/3 in a no stopping zone. Upon nudging my way out, I accidentally reversed into that car with no visible damage and about 2mm indent on the bumper bar. My car has a thin line of scrapped paint only visible if you look at reading distance.

    So question is:

    Is a car that is 1/3 in a no stopping zone considered to be parked legally?
    Who is at fault in this case, or is both party considered to be contributory negligent.
    You are at fault. Not relevant whether or not the unoccupied stationary vehicle you reversed into was parked illegally.
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    Senior Member cove's Avatar
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    Re: NSW road rules on parking

    I would be surprised if it was only NSW that has the rule.

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    Established Member vetrade's Avatar
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    Re: NSW road rules on parking

    For mine the law of the jungle applies. Anyone who squeezes into a space that is clearly not big enough for their car and leaves you no room to exit your space is a smart ar*e who voluntarily chose to put their car in "harm's way". Technically you might be at fault but in reality that is irrelevant if nobody sees you so bash your way out (accidentally or otherwise) if there's no other option. The only downside is the possibility of collateral damage to your own car. Tow bars are great for both offencive and defencive manoeuvering in such cases.

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    Re: NSW road rules on parking

    Quote Originally Posted by vetrade View Post
    For mine the law of the jungle applies. Anyone who squeezes into a space that is clearly not big enough for their car and leaves you no room to exit your space is a smart ar*e who voluntarily chose to put their car in "harm's way". Technically you might be at fault but in reality that is irrelevant if nobody sees you so bash your way out (accidentally or otherwise) if there's no other option. The only downside is the possibility of collateral damage to your own car. Tow bars are great for both offencive and defencive manoeuvering in such cases.
    The law doesn't think the same way.

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    Established Member vetrade's Avatar
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    Re: NSW road rules on parking

    Quote Originally Posted by Pushka View Post
    The law doesn't think the same way.
    Really??????????????? Maybe it's because I'm a practical person who realises "The Law" isn't going to help when the OP is jammed into his parking spot!

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    Re: NSW road rules on parking

    Quote Originally Posted by vetrade View Post
    Really??????????????? Maybe it's because I'm a practical person who realises "The Law" isn't going to help when the OP is jammed into his parking spot!
    We all know the law is sometimes an ass. Bottom line is that if you damage a car that is parked then that is your fault.

    You want to know another sucky law? My sons partner is in training as a GP. Low salary long hours. She just bought her first new (second hand) car for $7000. This week In her third day at work in her new job she was parked in the work car park. The gum tree next door neighbour's house dropped a limb on her car and she just heard it was a write off. The neighbour said - not my problem. It's hers. In full. She no longer has a car. She has to have one as a work requirement. I'm not sure if she's comprehensively insured as she's too distressed to ask right now in case she isn't. Now THAT is unfair.

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    Re: NSW road rules on parking

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    Quote Originally Posted by Pushka View Post
    We all know the law is sometimes an ass. Bottom line is that if you damage a car that is parked then that is your fault.

    You want to know another sucky law? My sons partner is in training as a GP. Low salary long hours. She just bought her first new (second hand) car for $7000. This week In her third day at work in her new job she was parked in the work car park. The gum tree next door neighbour's house dropped a limb on her car and she just heard it was a write off. The neighbour said - not my problem. It's hers. In full. She no longer has a car. She has to have one as a work requirement. I'm not sure if she's comprehensively insured as she's too distressed to ask right now in case she isn't. Now THAT is unfair.
    Would appear to be an "Act of God" & unlucky rather than the law being wrong? Never nice being on the receiving end but what did the neighbour do wrong?

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