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ARTICLE · 13 FEBRUARY 2019

Who caused the car accident – the driver, or an unidentified vehicle? Which case won?

The court needed to decide who to blame for the accident - the Skyline driver or the driver of an unidentified vehicle.

AustraliaLitigation, Mediation & Arbitration

The Facts

Driver loses control of vehicle on wet road

A car accident took place in Chatswood, NSW, on a dark and rainy day with poor visibility. One of the cars involved was a Nissan Skyline, occupied by the driver and his passenger, who worked together and had just left their place of work.

The driver lost control of the Skyline, crossed onto the wrong side of the road and came to a standstill. A four wheel drive vehicle travelling in the opposite direction was unable to stop and collided with the front passenger door of the Skyline. The passenger was trapped in the car and sustained serious injury to his left leg. The driver of the four wheel drive was also injured.

"Nominal Defendant" in cases where vehicle is uninsured or unidentified

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