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Car Accident on Private Property: Australia’s Key Facts You Should Know

<p>A car accident on private property in Australia is more common than you might think. Unlike those on public property, these collisions can be quite complex to handle. There can be unique challenges regarding road rules, liability, and the claims process, which is why knowing your legal rights in such situations is key.&nbsp;</p><p>This guide details the procedures for a car accident on private property, how insurance policies work to determine fault, and your legal rights.&nbsp;</p><h2>What Happens in a Car Accident on Private Property in Australia?</h2><p>Usually, car accidents on private property are treated the same as those on public roads—as civil negligence, meaning the fault is determined based on the actions of one or the other party involved. Whether it is a private parking lot, road, or driveway, liability depends on the same core principle: the driver who is negligent and determined to be at fault becomes liable for any property damage caused.&nbsp;</p><h2>Do Australian Road Rules Apply to Private Property?</h2><p>Accidents on public roads follow clear Australian Road Rules (ARR) as applicable, based on the local authorities and state traffic laws. However, most road rules are not applicable on private land, except for motor vehicle accident and drinking-and-driving laws.&nbsp;</p><p>Car parks in shopping centres, for example, are common spots for minor collisions. However, they are mostly considered road-related areas by law, as they are accessible to the public. Hence, ARR applies to them, and breaching them will result in an insurance company finding fault.&nbsp;</p><p>Meanwhile, private areas, such as a gated residential driveway, are not for public use, and hence ARR will not apply. Even if police attend, it will be for incidents like fatalities or serious injuries. In most cases, the other driver’s insurance company will assess liability based on common law (who failed to look, who was reversing, etc.).</p><h2>What to Do After a Car Accident on Private Property</h2><p>Taking the right steps after a car accident on private property is key to a smooth claims process. Here is what you should do:</p><h3>Staying Safe and Assessing Damage</h3><ul><li><p>Switch off your vehicle and turn on the hazard lights.</p></li><li><p>Check for injuries—call 000 if you notice any. If there is a personal injury claim, the accident will still be under the compulsory third-party (CTP) insurer’s obligation to cover medical treatment.&nbsp;</p></li><li><p>If possible, move your vehicle to a safe spot to avoid any more accidents and check for damage.</p></li></ul><h3>Collecting Proof That Supports Your Claim</h3><ul><li><p>Take pictures and videos of the accident scene—damages, vehicle position, and property damage.</p></li><li><p>If you were not at fault, get the other driver’s insurance company details, along with their own full name, phone number, and address.&nbsp;</p></li><li><p>If there are any witnesses present, get their statements and contact details.</p></li></ul><h2>Does Insurance Cover Private Property Car Accidents in Australia?</h2><p>Most insurers in Australia provide <a href="https://www.right2drive.com.au/articles/how-does-insurance-work-after-a-not-at-fault-car-accident" rel="noopener noreferrer nofollow"><u>insurance coverage for accidents</u></a> on private properties. A comprehensive insurance plan covers claims for your vehicle damages, as well as those to the other party or the private property itself.&nbsp;</p><p>Meanwhile, CTP or third-party property damage policies only cover damages to the property or the other driver. Here is what usually happens in such cases:</p><h3>How Insurers Determine Fault</h3><p>The insurance company uses liability rules and the provided evidence to determine fault, typically looking for:</p><ul><li><p>Which driver was moving and which one was stationary (usually, the moving vehicle is at fault)</p></li><li><p>If a driver did not give way&nbsp;</p></li><li><p>If a driver was backing out without looking or signalling</p></li><li><p>Any other evidence of negligence&nbsp;</p></li></ul><h3>Why Photos and CCTV Matter</h3><p>When filing a compensation claim, visual evidence is integral, especially since police authorities do not step in for minor accidents on private properties. Clear photos depicting impact, damages, road marks, etc., are key to supporting your claim for public liability. If the accident has occurred in a commercial space, such as a bank or supermarket, your insurance company can also request CCTV footage as concrete evidence to determine fault.&nbsp;</p><h2>Common Types of Car Accidents on Private Property in Australia</h2><p>There can be various types of car accidents on private properties, but the most common ones typically fall under these categories:</p><h3>Car Park Collisions</h3><p>Car parks often have unexpected accidents, such as vehicles reversing simultaneously, hitting parked vehicles, or cutting across dedicated parking spaces.&nbsp;</p><h3>Reversing and Blind-Spot Crashes</h3><p>Reversing out of driveways or into blind spots is always high-risk, and the other party is almost always deemed responsible, as they must ensure there is enough space to back into.</p><h3>Driveway Incidents</h3><p>Besides reversing from driveways, accidents inside the driveway are very common—and clear cases of negligence. Accidents damaging the property (fences, gates, walls, etc.) lead to claims against the at-fault driver’s standard insurance policies or public liability insurance coverage.</p><h2>Your Legal Rights After a Car Accident on Private Property</h2><p>Knowing your legal rights in such accidents can significantly reduce your post-accident stress and get you fair compensation. Even in an accident on private property, if you were not at fault, you have the right to:&nbsp;</p><ul><li><p>Recover the reasonable cost of property or vehicle damage from the at-fault driver or their insurance company.</p></li><li><p>Recover the cost for getting a replacement vehicle while yours is under repair or has been totalled.</p></li><li><p>File a personal injury claim under CTP policies if there has been any injury.</p></li></ul><h2>Right2Drive Services for Not-at-Fault Drivers in Private Property Accidents</h2><p>The loss of your vehicle, even if it is sent for repairs, can be very disruptive to your daily routine. If you did not cause the accident, you deserve a reliable solution without having to pay out of your pocket, and that is where <a href="https://www.right2drive.com.au/" rel="noopener noreferrer nofollow"><u>Right2Drive</u></a> can help.</p><p>As Australia’s largest independent accident replacement vehicle provider, we ensure not-at-fault drivers can get back on the road hassle-free. Our customer-first mobility services are highly convenient, providing eligible not-at-fault drivers a like-for-like replacement car without any tedious paperwork. This means that you do not pay for the service because we recover the hire costs directly from the at-fault driver’s insurer.</p><h2>When Right2Drive Can Assist After a Private Property Accident</h2><p>Even if your accident was on private property, you may be eligible for a replacement car from Right2Drive.&nbsp;</p><p>We can help after a private property accident if:</p><ul><li><p>You were not at fault.</p></li><li><p>The accident involved another vehicle (the driver must be insured).</p></li><li><p>You have the other driver’s contact details, as well as their insurer’s.</p></li><li><p>The other driver accepts liability.</p></li></ul><p>The Right2Drive team is here to help not-at-fault drivers stay mobile seamlessly. To find out more about how our services can help you during such accidents, get in touch with our team.</p><h2>Frequently Asked Questions</h2><h3>Who Is Legally at Fault in a Car Accident on Private Property?</h3><p>Usually, the driver who breaches the duty of care and causes the accident is legally at fault, even if it occurs on private property.</p><h3>Will Insurance Cover a Car Accident on Private Property?</h3><p>Yes. Standard insurance policies cover accidents on private property.&nbsp;</p><h3>Do Police Need to Attend a Private Property Accident?</h3><p>Usually, they do not, as ARR does not apply to such properties. However, if there has been an injury or death, informing the police is mandatory.</p><h3>Can I Claim a Replacement Vehicle If I’m Not at Fault on Private Property?</h3><p>Yes. If you are not at fault, you can claim an accident replacement vehicle. Right2Drive can provide one, provided you meet our <a href="https://www.right2drive.com.au/faqs-categories/eligibility" rel="noopener noreferrer nofollow"><u>eligibility criteria</u></a>.</p><h3>Can Insurance Deny a Private Property Accident Claim?</h3><p>Yes. If the negligent driver breaches their insurance policy (for instance, by driving under the influence) or there is insufficient evidence to establish liability, insurers can deny a claim.</p><p></p><div class="__editor_html"><script type="application/ld+json">
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Car Accident on Private Property: Australia’s Key Facts You Should Know

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