The little-known road rule that can deem you at fault

It’s no secret that car insurance policies can be murky, especially when it comes to determining who is at fault in the event of a car accident. And while modern-day technology, such as dashcams, are beneficial tools when it comes to filing an insurance claim, sometimes they’re not enough.

While you generally don’t think twice about reversing your car safely and responsibly, you might be surprised to find out you could be deemed at fault if you get into an accident while reversing your vehicle.

RELATED: Is it illegal to reverse onto a main road?

However, when you look at various social media platforms like Reddit, not everyone is as clear on Australia’s reversing rules. To spare you the time, here’s why you could be deemed at fault if you’re driving a reversing car, even if you weren’t the one who caused the accident.

According to Australia’s road rules, a driver must not reverse the vehicle “unless it is safe to do so [or] further than reasonable in the circumstances”.

 While a “reasonable” distance is generally defined on a case-by-case basis, a Transport for New South Wales spokesperson previously told Drive, “Drivers should reverse only as far as absolutely necessary to safely manoeuvre the vehicle”.

“Reversing inherently involves greater safety risks as it can be harder to see pedestrians and other vehicles, especially in blind spots.

“While reversing is an important driving skill, drivers should avoid doing it more than necessary and keep the distance as short as possible to stay safe,” they added.

Who is at fault in a reversing car accident?

Generally speaking, the reversing driver is deemed at fault in a car accident, even if they were the ones who were hit in a collision. Unfortunately, this means that depending on your insurer, you could be liable to pay for the damages if you were the one caught reversing your vehicle.

A spokesperson for Suncorp Insurance, which owns various insurance companies like AAMI, Bingle and Shannons, told Drive, “Australian road rules require the reversing driver to only do so if it is safe, this puts the onus of responsibility to prove the other driver was negligent”.

However, it’s not all bad news as the Suncorp spokesperson confirmed a driver’s excess may be voided depending on the situation.

“The excess may be waived in some circumstances if Suncorp agrees they or the driver didn’t contribute to the accident (this means the other driver was entirely at fault), and they can supply the at-fault driver’s name, address and registration number.

“They may be able to show this by providing a police [and/or] expert reports, statement from a witness or photographs,” a Suncorp Insurance spokesperson told Drive.

What’s the fine for illegally reversing?

Depending on where you live, illegally reversing your car can incur thousands of dollars in fines. In Victoria, drivers who fail to reverse safely can incur three penalty units, valued at $591 in 2025.

Offenders caught violating New South Wales reversing rules can be fined a maximum of 20 penalty units, which equates to $2200. Meanwhile, in Queensland, drivers found to have illegally reversed their vehicles can incur a fine not exceeding $3220.

Unsafely reversing a vehicle can lead to a $616 penalty in South Australia and $100 in Western Australia. Additionally, motorists caught violating Tasmania‘s road rules can be fined a maximum penalty of $2020.

Motorists caught unsafely reversing in the Australian Capital Territory can be issued a maximum fine of $3200 for breaking the territory’s road rules.

While illegally reversing is considered an offence in the Northern Territory, the road rules do not definitively state what the penalty would be.

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