A driver deemed partially at fault for a crash with his neighbour’s car has lost a dispute before the Australian Financial Complaints Authority over his insurer’s blame assessment.

The man said he was slowly reversing from his driveway last August when he was hit by his neighbour, who had backed out diagonally at high speed.

He said he was about halfway out of the driveway and he saw no other vehicles when he checked his reverse camera just before the accident.

He pointed to a police report that noted the other driver’s inattention and high reversing speed as “contributing factors” to the crash.

Insurer Youi accepted his damage claim but considered it an at-fault accident because both parties had an obligation to reverse with care.

The claimant argued this was unreasonable and the company had a conflict of interest because it insured both drivers.

In its dispute ruling, the ombudsman notes there were no witness statements, dashcam footage or CCTV recordings to establish fault.

It says the police report provided by the claimant reflected his version of events only, and officers did not attend the scene or speak to the other driver.

AFCA acknowledges the other driver was apologetic after the incident, but says this does not prove fault.

“The complainant says his vehicle’s sensors did not activate, but he also had mirrors available and did not see the [other driver].”

AFCA concludes neither driver saw the other and there is no evidence the neighbour was completely at fault. 

It also notes there is “no information to suggest any procedural unfairness arising from the insurer covering both parties, particularly given it waived the complainant’s excess and provided a hire car despite the policy not requiring either.” 

See the ruling here.

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