Realistically, whats my chance of loosing this one?

[LoonR1]

PurpleMoonlight said:

You should become an MP.

Why? The OP himself now says that he agrees that the handbrake failed. On that basis, he's going to struggle to claim off the other driver when he's making their defence for them.

[imagineifyeswill]

Around 7 years ago whilst working for a vehicle recovery company I got sent to pick up a VX Astra on behalf of the police which had been involved in an accident. On arrival at scene I was met by a policeman who handed me the keys of an undamaged car and told me it would drive onto truck, it was parked on a small slope outside a cemetery, apparently with handbrake on it rolled down the slope and ran over an elderly women exiting the cemetery gate and killed her. I dont know the insurance outcome but in the ensuing court case the driver was cleared of negligence and any liability.

[PurpleMoonlight]

LoonR1 said:

Why? The OP himself now says that he agrees that the handbrake failed. On that basis, he's going to struggle to claim off the other driver when he's making their defence for them.

Maybe the handbrake did fail maybe not, but even if it did that is only one of three preventative measures the owner could/should have taken.

[LoonR1]

PurpleMoonlight said:

Maybe the handbrake did fail maybe not, but even if it did that is only one of three preventative measures the owner could/should have taken.

This is painful.

[gazza285]

jellypig said:

astra estate.

Haven't they suffered enough?

[blank]

Parking brake failure is quite common on new Astras. I know a few people who've had them roll away.

[jellypig]

LoonR1 said:

Why? The OP himself now says that he agrees that the handbrake failed. On that basis, he's going to struggle to claim off the other driver when he's making their defence for them.

I didnt say that. I said I had no reason to disbelieve him when he said he had applied the handbrake. I didn't see the accident. He had moved and re-parked his car before alerting me. That is not the same as me agreeing it failed.

[nipsips]

Handbrakes dont fail and then unfail. If its failed it will still be failed now (unless of course it wasn't applied correctly).

A good one I always ask customers who claim handbrakes have failed, or that their brakes had failed and hit the TP in the rear - whether they were working again immediately after the accident and what work was carried out to make them work again.