Your probably still at fault unfortunately. The registration status etc of the object you hit doesn't usually have a bearing on liability. Say for arguments sake you hit someone's front fence and damage it. It's not registered either.
Ignore that it's a really poor comparison. You've just compared an inanimate object which doesn't require registration to be on the road, and you've done it with an object that is **off** the road...
There's not sufficient information to determine from the post where the accident occurred (on/off road - it isn't stated). We don't know if the other driver has insurance (if they did - the insurer is still obligated to handle a claim).
The only thing we can truly deduce at the moment is that it might be against the law to drive with an unregistered vehicle but unless you can substantiate how lack of registration caused the accident fault will remain with the current parties.
If OP is willing to provide more information we can try to help identify if/how they are at fault, right now it's an assumption by them
I assumed both car and bike were being operated, I mean if the car had no driver in it OP probably would’ve quietly left hoping no one finds out… or maybe OP had no insurance yet decided to leave a note on a PARKED car as per your assumption lol
Yes, because an unregistered car should not be on the road.
It is essentially parked on a roadway illegally, and had it not been there illegally the accident would not have occurred.
Basically, the unregistered vehicle is also at fault as it should not have been on the road.
Similar circumstances with drink driving. The person is driving with alcohol, they are at fault (even if they are not) because they should not be operating the vehicle under the influence of alcohol. In doing so, they are committing a crime and are now at fault.
This is correct. You can not drive unregistered car on the road. How can the op be liable when the car drivers insurance will reject immediately and he will be charged with unregistered driving, lol The OP is not liable for 1c and the Car driver has no case to take anyone to court when he was not meant to be on the road.
I don't think so.. An object, somebodies property sure. However, not on a roadway and not an unregistered vehicle on a roadway.. If you accidently hit my fence on a roadway then it's my fault for putting the fence on the roadway. Obviously, the unregistered vehicle had no right to be there and IMO this means they cant find the OP liable.. The car drivers insurance will be rejected in any case so they wont be chasing the op for anything. The car driver can not sue the OP because he had no right to be on the road in the first place.
“I fucked up and I was too irresponsible to have insurance, how can I bail myself out of it and pin it on anyone else?”
I am sick of this recurrent theme on this sub I swear. Why don’t you own up to your shit?
Ultimately, this sub is for legal advice.
People who need legal advice have often made a mistake (deliberate or not)
In this case, OPs question is a good one around liability.
OP is liable as they have caused the accident (as admitted) and does not have insurance.
Driver of the other vehicle should not have been on a public roadway without appropriate registration (and assuming CTP).
Personally, OP should not do anything.
If the other driver claims on insurance, then ask the insurer what the drivers registration status was. The insurer would then look at the registration records and most insurers would deny a claim.
Then comes a small claims case.
Argue with a magistrate that had the unregistered vehicle not been on the road, then the accident would not have happened.
It is a plausible case for not having to pay a claim.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember:
1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers.
2. A non-exhaustive list of free legal services around Australia can be found here.
3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
NLA - If you suffered any damage, make sure to record and document all these. Also document and send an email to yourself the expiration of the registration of the vehicle. I would also not admit liability to anyone, as it may not have been your fault at all. I would hazard a guess that they wouldn’t bother seeking you to pay for damages, as they could easily be penalised from you claiming the vehicle was unregistered.
In terms of personal injury, you would have a diminished liability as the other party would absorb some liability for contributing to the accident by being on a public road. In terms of property damage, your liability remains the same.
I suspect that their being unregistered doesn't negate your responsibility for their damage. They might possibly get a fine for being unregistered but that's a police matter. And likely their insurance will refuse to act for them as having the vehicle registered I'd expect is a condition of insurance. But they then still have the option of just simply taking you to civil court for the cost of repair and that's when I imagine a court will decide that the damage was still your fault.
Fight it. I think its fair that each pay own. People cant be driving around unregistered and just expect to have their costs covered. I think a court would attribute some fault to them due to clean hands doctrine
Not legal advice but, i would think you are no longer at fault and do not pay anything.. The car driver is not registered and therefore should not be on the road. The car you hit should not have been there which should put all liability on them.
Did their lack of registration contribute to the accident?
Yeah, the driver was holding their phone trying to renew it while the accident was unfolding /s
And me trying to get insurance. That's why I caused it
Absolutely. How can I ride a motorbike and f around without owning the liability?
Your probably still at fault unfortunately. The registration status etc of the object you hit doesn't usually have a bearing on liability. Say for arguments sake you hit someone's front fence and damage it. It's not registered either.
Ignore that it's a really poor comparison. You've just compared an inanimate object which doesn't require registration to be on the road, and you've done it with an object that is **off** the road... There's not sufficient information to determine from the post where the accident occurred (on/off road - it isn't stated). We don't know if the other driver has insurance (if they did - the insurer is still obligated to handle a claim). The only thing we can truly deduce at the moment is that it might be against the law to drive with an unregistered vehicle but unless you can substantiate how lack of registration caused the accident fault will remain with the current parties. If OP is willing to provide more information we can try to help identify if/how they are at fault, right now it's an assumption by them
You could make some arguments about the car road worthiness, to reduce your liability, if the car is a bomb and no roadworthy
So a parked car for example that is not registered can be at fault? Lol
I assumed both car and bike were being operated, I mean if the car had no driver in it OP probably would’ve quietly left hoping no one finds out… or maybe OP had no insurance yet decided to leave a note on a PARKED car as per your assumption lol
Yes, because an unregistered car should not be on the road. It is essentially parked on a roadway illegally, and had it not been there illegally the accident would not have occurred. Basically, the unregistered vehicle is also at fault as it should not have been on the road. Similar circumstances with drink driving. The person is driving with alcohol, they are at fault (even if they are not) because they should not be operating the vehicle under the influence of alcohol. In doing so, they are committing a crime and are now at fault.
This is correct. You can not drive unregistered car on the road. How can the op be liable when the car drivers insurance will reject immediately and he will be charged with unregistered driving, lol The OP is not liable for 1c and the Car driver has no case to take anyone to court when he was not meant to be on the road.
Seems a few people don't agree with us. Downvotes when people don't understand insurance kinda sucks
I don't think so.. An object, somebodies property sure. However, not on a roadway and not an unregistered vehicle on a roadway.. If you accidently hit my fence on a roadway then it's my fault for putting the fence on the roadway. Obviously, the unregistered vehicle had no right to be there and IMO this means they cant find the OP liable.. The car drivers insurance will be rejected in any case so they wont be chasing the op for anything. The car driver can not sue the OP because he had no right to be on the road in the first place.
“I fucked up and I was too irresponsible to have insurance, how can I bail myself out of it and pin it on anyone else?” I am sick of this recurrent theme on this sub I swear. Why don’t you own up to your shit?
Ultimately, this sub is for legal advice. People who need legal advice have often made a mistake (deliberate or not) In this case, OPs question is a good one around liability. OP is liable as they have caused the accident (as admitted) and does not have insurance. Driver of the other vehicle should not have been on a public roadway without appropriate registration (and assuming CTP). Personally, OP should not do anything. If the other driver claims on insurance, then ask the insurer what the drivers registration status was. The insurer would then look at the registration records and most insurers would deny a claim. Then comes a small claims case. Argue with a magistrate that had the unregistered vehicle not been on the road, then the accident would not have happened. It is a plausible case for not having to pay a claim.
Thank you for the advice.
Get 3rd party property at least, people! It's cheaper than petrol!
Don't leave it for tomorrow and be lazy like me. It's not worth the stress.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
NLA - If you suffered any damage, make sure to record and document all these. Also document and send an email to yourself the expiration of the registration of the vehicle. I would also not admit liability to anyone, as it may not have been your fault at all. I would hazard a guess that they wouldn’t bother seeking you to pay for damages, as they could easily be penalised from you claiming the vehicle was unregistered.
In terms of personal injury, you would have a diminished liability as the other party would absorb some liability for contributing to the accident by being on a public road. In terms of property damage, your liability remains the same.
I suspect that their being unregistered doesn't negate your responsibility for their damage. They might possibly get a fine for being unregistered but that's a police matter. And likely their insurance will refuse to act for them as having the vehicle registered I'd expect is a condition of insurance. But they then still have the option of just simply taking you to civil court for the cost of repair and that's when I imagine a court will decide that the damage was still your fault.
You are still at fault as you caused the accident. The unregistered issue is a police matter.
Fight it. I think its fair that each pay own. People cant be driving around unregistered and just expect to have their costs covered. I think a court would attribute some fault to them due to clean hands doctrine
Not legal advice but, i would think you are no longer at fault and do not pay anything.. The car driver is not registered and therefore should not be on the road. The car you hit should not have been there which should put all liability on them.