Rear Ended - Liability now being contested!
Discussion
Seems blatantly obvious to me that, in addition to other suggestions above, you should include in your statement the other driver's initial comments: he apologised, gave reasons for lack of concentration etc, therefore clearly admitting guilt... that would fit in with a scenario that he wasn't paying enough attention to your driving.
DoubleSix said:
Thank you.
Indeed, the amount is very small, around £250 and frankly my time is worth far more. Do i have the option of just not responding and effectively dropping my claim or would that leave me open to counter litigation?
I would rather just get it fixed myself than claim on my insurance if is likely to go 50/50. Alternatively, you might suggest I pursue it as I appear to have a strong case.
Why would you not respond? If you don't respond, you more or less lose by default (or have to untangle the mess caused by not responding). You can't exclude counter-litigation unless you actually settle or win your own claim; however if the other driver has no damage then he probably isn't claiming anything. In any event, in a non-injury, personal motor lines claim you either win 100% or you lose, as far as your future premiums are concerned, apart from the distribution of your excess. Indeed, the amount is very small, around £250 and frankly my time is worth far more. Do i have the option of just not responding and effectively dropping my claim or would that leave me open to counter litigation?
I would rather just get it fixed myself than claim on my insurance if is likely to go 50/50. Alternatively, you might suggest I pursue it as I appear to have a strong case.
You really ought to be talking this through with the insurer.
DoubleSix said:
CYMR0 said:
Why would you not respond?
Simply because I am already tired of the whole situation and am not really fussed about a scuff on a 6 year old car. At the time I was fuming, now I have other demands on my time. Sounds to me like the guy was anticipating your speed staying constant where you in fact slowed.
Undertaking manouvre gone wrong? tbh Ive gone to pull out on people and afterwardssaid to myself "Bugger that was closer to their rear bumper than I thought".
We had a case where the other party tried to deny/twist an accident away from their fault, even though our car was parked, my wife was in the car at the time in the passenger seat!
Undertaking manouvre gone wrong? tbh Ive gone to pull out on people and afterwardssaid to myself "Bugger that was closer to their rear bumper than I thought".
We had a case where the other party tried to deny/twist an accident away from their fault, even though our car was parked, my wife was in the car at the time in the passenger seat!
It will never go 100% your fault will either be 70/30 in your favour but thats only if the TP can prove that you stopped for no reason. The cyclist can provide a statement that says you were braking for no reason however thats in his opinion. If you have a valid reason for braking then the onus is always on the driver behind to keep an adequate stopping distance.
Off topic a bit, but I was told by my insurance I was fully to blame after hitting the back of someone who started to go on a roundabout and panicked when they thought a car was going right round(it wasn't).
She then admitted she panicked and pulled on hand brake to stop.
So I was looking right to give way and also one eye on her in front looking for brake lights.
There were none. I thought she would be opportioned some blame (witness behind me in van confirmed no lights)
My insurance co said "doesn't matter it was your fault as you hit them from behind as you never left enough room to stop"
So I would put the lame on the guy that hit you going by my experience.
She then admitted she panicked and pulled on hand brake to stop.
So I was looking right to give way and also one eye on her in front looking for brake lights.
There were none. I thought she would be opportioned some blame (witness behind me in van confirmed no lights)
My insurance co said "doesn't matter it was your fault as you hit them from behind as you never left enough room to stop"
So I would put the lame on the guy that hit you going by my experience.
DoubleSix said:
I don't think so because a duel carriage way has a barrier with another carriage way on the other side doesn't it?
One more time, for information ...FiF said:
Let's have the legal definitions once again. Pulls out old post, so old it has whiskers.
"Dual carriageway road" means a road part of which consists of a central reservation to separate a carriageway to be used by vehicles proceeding in one direction from a carriageway to be used by vehicles proceeding in the opposite direction.
CENTRAL RESERVATION means -
(a) any land between the carriageways of a road comprising two carriageways; or
(b) any permanent work (other than a traffic island) in the carriageway of a road,
which separates the carriageway or, as the case may be, the part of the carriageway which is to be used by traffic moving in one direction from the carriageway or part of the carriageway which is to be used (whether at all times or at particular times only) by traffic moving in the other direction;
"Dual carriageway road" means a road part of which consists of a central reservation to separate a carriageway to be used by vehicles proceeding in one direction from a carriageway to be used by vehicles proceeding in the opposite direction.
CENTRAL RESERVATION means -
(a) any land between the carriageways of a road comprising two carriageways; or
(b) any permanent work (other than a traffic island) in the carriageway of a road,
which separates the carriageway or, as the case may be, the part of the carriageway which is to be used by traffic moving in one direction from the carriageway or part of the carriageway which is to be used (whether at all times or at particular times only) by traffic moving in the other direction;
streaky said:
Also pulling out an old (and oft repeated) post ...
A "carriageway" is a section of highway comprising one or more lanes.
On a "single carriageway" traffic in the lanes can travel in one or two directions.
On a "dual carriageway" traffic normally travels in one direction on each carriageway.
Both single and dual carriageways can have a different number of lanes in either direction.
Dual carriageways can have different speed limits on each carriageway. A single carriageway can not.
Contra-flow working on a dual carriageway does not make it a single carriageway. If no temporary speed limit were applied, the normal posted limit would apply (e.g., if NSL, for a car the limit would be 70, not 60).
By definition, in the UK, motorways are not "dual carriageways", they are "special roads"; but not all "special roads" are motorways.
Streaky [One half of the FiF/Streaky Tag Team]
'Duel' carriageways used to be known as 'lists'. A list comprised palisades or other barriers that enclosed a space set apart for tilting (also referred to as jousting).A "carriageway" is a section of highway comprising one or more lanes.
On a "single carriageway" traffic in the lanes can travel in one or two directions.
On a "dual carriageway" traffic normally travels in one direction on each carriageway.
Both single and dual carriageways can have a different number of lanes in either direction.
Dual carriageways can have different speed limits on each carriageway. A single carriageway can not.
Contra-flow working on a dual carriageway does not make it a single carriageway. If no temporary speed limit were applied, the normal posted limit would apply (e.g., if NSL, for a car the limit would be 70, not 60).
By definition, in the UK, motorways are not "dual carriageways", they are "special roads"; but not all "special roads" are motorways.
Streaky [One half of the FiF/Streaky Tag Team]
Streaky
DoubleSix said:
Just to round off the thread;
I sent off the letter with diagrams, photos etc. Other party has now admitted full liability.
Thanks for the help from those of you who contributed useful stuff.
Result.I sent off the letter with diagrams, photos etc. Other party has now admitted full liability.
Thanks for the help from those of you who contributed useful stuff.
Just out of interest where was the two wheeled witness when the collision happend?
Behind or in front?
Anyway sorted
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