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Vehicle Rules

Messages
17,822
So I was in an undergound car park yesterday and was driving straight when a lady pulls out of a side road without looking at hits me on my passenger doors. We were both going slow so no injury but I have scratched panels on both doors.

She gets out and says that I should have stopped for her as there was a "keep clear" sign written on the road where the two road met.

Correct me if I am wrong but a "keep clear" only applies when there are cars bumper to bumper and you want to allow cars like hers to turn into the lane without being impeded...in this instance the road was clear and there were no cars in front of me.

Anyway...who is at fault ?.
 

soc123_au

Moderator
Staff member
Messages
19,923
Apart from the keep clear sign was there any markings on the road surface? Broken or unbroken lines, arrows etc? Car park incidents can be a bit sketchy. I own a smash repairs so I see a lot of this type of thing. Ultimately the insurance company will make the decision, but often when it gets too hard they just impose an excess. The more info you have the better chance of avoiding the excess.
 

1 Eyed TEZZA

Coach
Messages
12,420
Generally, you give way to your right unless otherwise stated.

Keep clear markings are meant so that you don't block the space.
 

Cupid Stunt

Moderator
Messages
2,815
I vote her fault. Like has been mentioned, "Keep Clear" is for times of built up traffic & means don't stop in that section. If you were supposed to stop for her it would have said "Give Way", or oddly enough, "Stop". Though that is using common sense, so I wouldn't bank on it being correct.
 

Cletus

First Grade
Messages
7,171
Her fault but insurance companies generally split the bill for carpark bingles.
 

Fire

First Grade
Messages
9,669
Report it to the police. (i.e., bury it in more than one pile of bureaucracy).

Go to a doctor and say you're distressed from the incident (it will add another layer to the dispute).

Tie it up.

Keep records.

You think I'm joking - good.
 

Pierced Soul

First Grade
Messages
9,202
if you were on the main "road" and she pulled out from a side road she'd be at fault. i'd imagine it would be the same for a carpark. the keep clear sign has nothing to do with you driving normally
 

Willow

Assistant Moderator
Messages
110,397
Keep clear signage would be more of a courtesy thing in carparks. Sounds like she has a strange interpretation of it, or is just trying it on.
 

Noa

First Grade
Messages
9,029
She must be from Port Macquarie, worst drivers in Australia per capita.
 

Willow

Assistant Moderator
Messages
110,397
Generally, you give way to your right unless otherwise stated.
No, that's not correct.

Through traffic has the right of way at T-sections and roundabouts. I assume you mean intersections without traffic lights or signs - at least I hope so.

From the sounds of things Kia was through traffic passing a t-section, and on the road that gives him right of way.
 

SpaceMonkey

Immortal
Messages
40,807
As far as I'm aware the "keep clear" markings in the side lanes of car parks are primarily to show that they are lanes and not parking spaces do people don't park there. They don't have any impact on right of way.
 

Willow

Assistant Moderator
Messages
110,397
Different type of keep clear spacie. Happy to be corrected but I think Kia means this:
keep-clear-road-marking.jpg
 
Messages
17,822
No, that's not correct.

Through traffic has the right of way at T-sections and roundabouts. I assume you mean intersections without traffic lights or signs - at least I hope so.

From the sounds of things Kia was through traffic passing a t-section, and on the road that gives him right of way.

Correct Willow...exactly how it happened.
 

SpaceMonkey

Immortal
Messages
40,807
Ah okay, was the car park bit that had mer confused a bit there. AFAIK should make no difference though, doesn't give her the right just to drive into him. Those type of keep clear sign are so that baked up traffic on the main section doesn't obstruct traffic turning right out of the side street, it doesn't actually give the latter right of way.
 
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Lambretta

First Grade
Messages
8,691
As far as I'm aware the "keep clear" markings in the side lanes of car parks are primarily to show that they are lanes and not parking spaces do people don't park there. They don't have any impact on right of way.

Willow is correct (post below yours)

Under her interpretation of "keep clear" - ie that the OP shouldn't have driven into that space - then she shouldn't have driven there either as she would have had to also keep clear.

This makes absolutely no bloody sense as no one would ever be able to pass through the section.

It's keep clear, not DO NOT ENTER.
 

Lambretta

First Grade
Messages
8,691
Oh and just to add - is there some special government message that's gone out this year advising people that driving with their lights on at night is optional?

In the past two weeks (and I do very, very, little driving) I have seen four or five drivers in the pitch black driving with no lights on.

One person was doing it when I was walking so I hit the front of their car with the bag I was carrying as they were approaching a red light

They looked terrified - not sure if it was the impact of my bag, the angry look on my face or the way I screamed TURN YOUR f**kING LIGHTS ON YOU DICKHEADS that had them looking so concerned :lol:
 

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