RTA Liability

[Tigger82]

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???

[twix123]

Let the insurance companies fight it out, but emphasise that the other driver pulled out from a side road and then stopped in the middle of your lane, leaving you no chance to stop due to the wintery conditions. Try to get your insurers to push for each party paying for their own damage, especially if your vehicle suffered no damage.

If there was no visible damage to your vehicle, the minimal speed you must have been doing should not lead to any whiplash claim!