Quizzes & Puzzles1 min ago
RTA Liability
I was recently involved in an accident and the other driver is claiming that I am responsible. I don't agree but I would like further opinions....
I was driving through a village at about 20 mph due to the fact that it was snowing and the road had been cleared but new snow was laying and making it slippy. I started to descend a hill and a car pulled out of a side road half way down the hill. He then skidded and then stopped in the middle of the road. I attempted to brake but skidded the rest of the way down the hill as my tyres had no grip on the road. I then shunted into the back of his car. My only other option would have been to swerve but that would have put me into oncoming traffic.
The way I see it, if he had been patient and waited for me to pass, he could have pulled out behind me (where there were no vehicles for a fair distance) and all of this would have been avioded. However, I am aware that in a rear shunting it is usually the person in the car doing the shunting that is liable, but surely in these conditions he was at fault and not me???
I was driving through a village at about 20 mph due to the fact that it was snowing and the road had been cleared but new snow was laying and making it slippy. I started to descend a hill and a car pulled out of a side road half way down the hill. He then skidded and then stopped in the middle of the road. I attempted to brake but skidded the rest of the way down the hill as my tyres had no grip on the road. I then shunted into the back of his car. My only other option would have been to swerve but that would have put me into oncoming traffic.
The way I see it, if he had been patient and waited for me to pass, he could have pulled out behind me (where there were no vehicles for a fair distance) and all of this would have been avioded. However, I am aware that in a rear shunting it is usually the person in the car doing the shunting that is liable, but surely in these conditions he was at fault and not me???
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For more on marking an answer as the "Best Answer", please visit our FAQ.A difficult one to call, but no doubt he will claim against you for hitting him in the rear. All you can do is report it to your insurance company, with a sketch and full details as you have here, and let them fight it out for themselves. There is an argument that you should have been able to stop in time (suppose it was a child who'd run out?) so there is a possibility that the insurance companies will split the difference and deal with it on a knock for knock basis. All you can do is make sure your insurance company have as much detail as possible - they won't pay out to a third party if they can argue that it was his fault.
I have put it to my insurance, when I first called to report it (before the other driver made a claim) the advisor lady seemed to think he was in the wrong.
This is the first accident I've ever been involved in so it has naturally shaken me up a bit! And I don't like being blamed for something that wasnt my fault!
This is the first accident I've ever been involved in so it has naturally shaken me up a bit! And I don't like being blamed for something that wasnt my fault!
I agree- let your insurance company deal with it. It's easy to tie yourself in knots over these things even though you can't really influence the outcome. Just make sure you give all the facts and get witness details if possible. You may find teh other car driver will twist his story.
I think your insurer will probably accept quite a large part of the liability
I think your insurer will probably accept quite a large part of the liability
@ Albags - that is the funny part, I managed to aim for the middle of his bumper ( I knew I was going to hit him and figured that would be the 'softest' hit) he had very minimal damage and I had none. So just on his bumper, no metal showing, just popped in a bit.
I would have thought he wouldnt have bothered claiming as the damage was so minimal and would not cost much - surely just excess amount that he would have to pay
I would have thought he wouldnt have bothered claiming as the damage was so minimal and would not cost much - surely just excess amount that he would have to pay
i honestly think it'll be 1/2 and 1/2
he lost control and ended up in the middle of the lane, you lost control and couldn't stop (both owing to the weather.
The fact he could have waited is neither here nor there, he could have left his house 30 seconds earlier or later, he could have spent an extra 30 seconds scraping snow off and so on and so on. However, as the others say, just leave it in your ins company hands and don't sweat it
However,
he lost control and ended up in the middle of the lane, you lost control and couldn't stop (both owing to the weather.
The fact he could have waited is neither here nor there, he could have left his house 30 seconds earlier or later, he could have spent an extra 30 seconds scraping snow off and so on and so on. However, as the others say, just leave it in your ins company hands and don't sweat it
However,
let the insurance cos slug it out between them - it will probably be taken as each pays for his own, espeically given the conditionb.............hiw much damage to you by the way - as one has to be careful that the premiums dont rocket - or do you have a re-insurance clause to cover the 1st accident..... I had a small prang in a similar way this last weekend - neighbour came around a country lane corner and skidded across the road, blocking off any chance of me getting through. We agreed each to each and that both of us will personally carry.....no issue, as his son was driving and Dad didnt want his insurance co to know. Damage = a cracked head light and indicator light one me and on him, a crack in the front 'fender' of his Citroen....no more than about 300 for each and impact speed was < 6 or 7 mph. Like you, I took the softest option, my alternative was a granite wall/pillar that protrudes out into the lane.
the business of 'should have been able to stop in time' refers to cars travelling normally down the road, needing you to make sure you have the correct amount of space between them...not people or things flying out suddenly from the side...how can you possibly gauge if you have enough space in those circumstances?
you have no control over them.
you have no control over them.
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