Accident liability, hit vehicle blocking road due to ice
Discussion
In the last bad spell of weather I had the misfortune of coming across a stretch of black ice and skidded down around 100ft of road at around 5MPH into a vehicle because that vehicle had done the same and crashed into a third vehicle that had also been a victim of this stretch of road and had taken out a fence. A fourth vehicle had just left that had done the same I was told by one of the other drivers.
The vehicle I collided with had managed to end up at 90 degrees, completely blocking the road with nowhere to go either side. I was able to scrub enough speed off and maneuver to slide my car parallel up against the stuck vehicle with a gentle nudge. Thankfully no damage to my car and no damage to the vehicle I hit (at least from me as I suspect they had had a harder stop considering the existing damage).
We exchanged details etc and I called it in to my insurance company to advise them that I would not be needing to make a claim. They seem to want to put this down as an at fault incident for me. Which I kind of understand to some degree, hitting a stationary vehicle...but considering the details, it seems a bit unfair. It should at least be 50/50 no? If they hadn't been there, completely blocking my side of the road, I would have just ran the ice out and carried on. My winter tyres helped somewhat I think.
What do you think? Should I push this or just put it down to put bad luck and move on?
The vehicle I collided with had managed to end up at 90 degrees, completely blocking the road with nowhere to go either side. I was able to scrub enough speed off and maneuver to slide my car parallel up against the stuck vehicle with a gentle nudge. Thankfully no damage to my car and no damage to the vehicle I hit (at least from me as I suspect they had had a harder stop considering the existing damage).
We exchanged details etc and I called it in to my insurance company to advise them that I would not be needing to make a claim. They seem to want to put this down as an at fault incident for me. Which I kind of understand to some degree, hitting a stationary vehicle...but considering the details, it seems a bit unfair. It should at least be 50/50 no? If they hadn't been there, completely blocking my side of the road, I would have just ran the ice out and carried on. My winter tyres helped somewhat I think.
What do you think? Should I push this or just put it down to put bad luck and move on?
Thermobaric said:
In the last bad spell of weather I had the misfortune of coming across a stretch of black ice and skidded down around 100ft of road at around 5MPH into a vehicle because that vehicle had done the same and crashed into a third vehicle that had also been a victim of this stretch of road and had taken out a fence. A fourth vehicle had just left that had done the same I was told by one of the other drivers.
The vehicle I collided with had managed to end up at 90 degrees, completely blocking the road with nowhere to go either side. I was able to scrub enough speed off and maneuver to slide my car parallel up against the stuck vehicle with a gentle nudge. Thankfully no damage to my car and no damage to the vehicle I hit (at least from me as I suspect they had had a harder stop considering the existing damage).
We exchanged details etc and I called it in to my insurance company to advise them that I would not be needing to make a claim. They seem to want to put this down as an at fault incident for me. Which I kind of understand to some degree, hitting a stationary vehicle...but considering the details, it seems a bit unfair. It should at least be 50/50 no? If they hadn't been there, completely blocking my side of the road, I would have just ran the ice out and carried on. My winter tyres helped somewhat I think.
What do you think? Should I push this or just put it down to put bad luck and move on?
I guess someone has to ask....The vehicle I collided with had managed to end up at 90 degrees, completely blocking the road with nowhere to go either side. I was able to scrub enough speed off and maneuver to slide my car parallel up against the stuck vehicle with a gentle nudge. Thankfully no damage to my car and no damage to the vehicle I hit (at least from me as I suspect they had had a harder stop considering the existing damage).
We exchanged details etc and I called it in to my insurance company to advise them that I would not be needing to make a claim. They seem to want to put this down as an at fault incident for me. Which I kind of understand to some degree, hitting a stationary vehicle...but considering the details, it seems a bit unfair. It should at least be 50/50 no? If they hadn't been there, completely blocking my side of the road, I would have just ran the ice out and carried on. My winter tyres helped somewhat I think.
What do you think? Should I push this or just put it down to put bad luck and move on?
1) How long ago was this? It's not been cold enough for black ice for months, unless you're in the Arctic Circle
2) Why inform the insurance company if neither vehicle sustained any damage?
Or are you an AI bot?
This was January. Car insurance renewal is coming up so just preparing. I did discuss it with them back then but they didn't seem too bothered about challenging it.
I reported it as the other vehicle was a commercial vehicle and figured they would be reporting it regardless .
And no, I am not an AI bot the last time I checked.
Beep, boop, beep
I reported it as the other vehicle was a commercial vehicle and figured they would be reporting it regardless .
And no, I am not an AI bot the last time I checked.
Beep, boop, beep
If there was no damage to either car then there is no liability to allocate - it will be recorded as neither fault nor no fault but as something like "incident - no claim made".
However you would need to check with your insurer, or wait and see how it's recorded on your renewal note, as they might have opened a claim in anticipation of the other driver getting in touch to say that his car was damaged after all and he wants to make a claim please. They should close it if an actual claim doesn't materialise in a reasonable amount of time, but it would be treated as an open or fault claim for a period in the meantime.
However you would need to check with your insurer, or wait and see how it's recorded on your renewal note, as they might have opened a claim in anticipation of the other driver getting in touch to say that his car was damaged after all and he wants to make a claim please. They should close it if an actual claim doesn't materialise in a reasonable amount of time, but it would be treated as an open or fault claim for a period in the meantime.
Aretnap said:
If there was no damage to either car then there is no liability to allocate - it will be recorded as neither fault nor no fault but as something like "incident - no claim made".
The whole fault/non fault thing is a bit of a misnomer. As far as insurers are concerned there's cost us money (fault) or cost us no money(non fault). The actual circumstances aren't that important. You can run someone over on a zebra crossing, but if they don't claim and you don't claim for your own damage, that's non fault. You can have your car damaged by hail and if you claim, that's fault. In reply to the fault bit - unless there are other factors at play - yes it would be your fault, based on a general principle that you should be able to stop in the distance that is clear ahead of you - what if it had been a bus / child / etc?
Black ice won’t mitigate that as you are meant to allow for that as a driver…
Black ice won’t mitigate that as you are meant to allow for that as a driver…
akirk said:
In reply to the fault bit - unless there are other factors at play - yes it would be your fault, based on a general principle that you should be able to stop in the distance that is clear ahead of you - what if it had been a bus / child / etc?
Black ice won’t mitigate that as you are meant to allow for that as a driver…
Exactly this! Black ice won’t mitigate that as you are meant to allow for that as a driver…
That's why I fit winter tyres each year.
Mr Tidy said:
akirk said:
In reply to the fault bit - unless there are other factors at play - yes it would be your fault, based on a general principle that you should be able to stop in the distance that is clear ahead of you - what if it had been a bus / child / etc?
Black ice won’t mitigate that as you are meant to allow for that as a driver…
Exactly this! Black ice won’t mitigate that as you are meant to allow for that as a driver…
That's why I fit winter tyres each year.
I think even studded tyres might struggle on black ice.
SAS Tom said:
As far as saying the car shouldn’t be there. You should be able to stop within the distance you can see. If there was a tree across the road, you wouldn’t blame the owner of the tree if you drove into it.
Depends.Did the owner have a tree survey ever? No? why not?maybe they are liable for not managing the risks on thier land.
Yes ?
Did the tree Survey spot the weakness in the roots ?
Yes? So the owner of the tree ignored it ? There's possible some liability.
No? Was the tree surveyed by someone with tree survey qualifications ? And professional indemnity insurance?
Maybe there's some liability there.
Car stationary in the middle of a road, following an accident and someone else drives into it. We know who is to blame. Not the stationary car.
Pit Pony said:
SAS Tom said:
As far as saying the car shouldn’t be there. You should be able to stop within the distance you can see. If there was a tree across the road, you wouldn’t blame the owner of the tree if you drove into it.
Depends.Did the owner have a tree survey ever? No? why not?maybe they are liable for not managing the risks on thier land.
Yes ?
Did the tree Survey spot the weakness in the roots ?
Yes? So the owner of the tree ignored it ? There's possible some liability.
No? Was the tree surveyed by someone with tree survey qualifications ? And professional indemnity insurance?
Maybe there's some liability there.
Car stationary in the middle of a road, following an accident and someone else drives into it. We know who is to blame. Not the stationary car.
GasEngineer said:
Thermobaric said:
I reported it as the other vehicle was a commercial vehicle and figured they would be reporting it regardless .
Still don't get why you reported it if there was no damage caused by you to either vehicle. jamei303 said:
GasEngineer said:
Thermobaric said:
I reported it as the other vehicle was a commercial vehicle and figured they would be reporting it regardless .
Still don't get why you reported it if there was no damage caused by you to either vehicle. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff