rear end shunt
Discussion
our company got shafted by some bloke and he is claiming not his fault.
we had the pay the excess and are currnently having to go through courts to get it back.
to be fair to our insurance company, we are not involved.
just seems like an odd thing to defend, surely its costing the 3rd party money to defend it?
we had the pay the excess and are currnently having to go through courts to get it back.
to be fair to our insurance company, we are not involved.
just seems like an odd thing to defend, surely its costing the 3rd party money to defend it?
Yes.
If the car in front makes an emergency stop (eg, rapidly decelerates) without just cause, it's dangerous driving and any resulting accident is their fault.
My girlfriend was involved in just such an accident as the "car from behind" and she was clear of responsibility.
and yes - she was following at what was considered a "safe" distance by the police, but because the car in front (Exige) decelerated much quicker than her car (207), there was no chance of avoiding a collision.
It went backwards and forwards a few times between the insurance agencies, but it was eventually judged the Exige driver was at fault as she performed an emergency stop, without just cause (the lady driver of the Exige somehow got confused with the pedals and left-foot stomped the brake, instead of the clutch).
If the car in front makes an emergency stop (eg, rapidly decelerates) without just cause, it's dangerous driving and any resulting accident is their fault.
My girlfriend was involved in just such an accident as the "car from behind" and she was clear of responsibility.
and yes - she was following at what was considered a "safe" distance by the police, but because the car in front (Exige) decelerated much quicker than her car (207), there was no chance of avoiding a collision.
It went backwards and forwards a few times between the insurance agencies, but it was eventually judged the Exige driver was at fault as she performed an emergency stop, without just cause (the lady driver of the Exige somehow got confused with the pedals and left-foot stomped the brake, instead of the clutch).
Edited by Sk93 on Thursday 15th July 15:13
I was thinking this the other day. With the advent of new cars with carbon brakes what happens if you are following at an extremely safe distance in an old Vw Beetle. Mine had drums all round and I'm sure breaking hard from 60 would rear end a new Ferrari even if I was 50+ metres back.
Sk93 said:
Yes.
If the car in front makes an emergency stop (eg, rapidly decelerates) without just cause, it's dangerous driving and any resulting accident is their fault.
My girlfriend was involved in just such an accident as the "car from behind" and she was clear of responsibility.
and yes - she was following at what was considered a "safe" distance by the police, but because the car in front (Exige) decelerated much quicker than her car (207), there was no chance of avoiding a collision.
It went backwards and forwards a few times between the insurance agencies, but it was eventually judged the Exige driver was at fault as she performed an emergency stop, without just cause (the lady driver of the Exige somehow got confused with the pedals and left-foot stomped the brake, instead of the clutch).
I guess in this case you were lucky the lady admitted she stomped on the brake. I can imagine it would have been very easy for her to claim she saw a child / cow / hippy running into the road so the emergency stop was required.If the car in front makes an emergency stop (eg, rapidly decelerates) without just cause, it's dangerous driving and any resulting accident is their fault.
My girlfriend was involved in just such an accident as the "car from behind" and she was clear of responsibility.
and yes - she was following at what was considered a "safe" distance by the police, but because the car in front (Exige) decelerated much quicker than her car (207), there was no chance of avoiding a collision.
It went backwards and forwards a few times between the insurance agencies, but it was eventually judged the Exige driver was at fault as she performed an emergency stop, without just cause (the lady driver of the Exige somehow got confused with the pedals and left-foot stomped the brake, instead of the clutch).
Edited by Sk93 on Thursday 15th July 15:13
ARH said:
surely if you hit the back of the car in front you are clearly not driving at a safe distance, doesn't matter what sort of car or brakes you have.
So you're there sitting at 60mph in your Morris Minor.I overtake you in my car with very good brakes and pull in a few yards ahead.
Something forces me to make an emergency stop.
hmmmmmm...
For most cars, what you say is true, however when there is a great difference in braking capabilities of the car and on a reasonably high speed road (e.g. motorway, A road etc.) then the slower braking car (assuming the driver knows that the car in front has very good brakes) would have to back off a lot everytime someone pulls in front of them.
Stopping distances are a lot further than people think they are. Think next time on the motorway that if the car in front (which had mega brakes, carbon things, whatever) was suddenly stationary within 1 or 2 seconds, could you stop in time?
jon- said:
Sk93 said:
Yes.
If the car in front makes an emergency stop (eg, rapidly decelerates) without just cause, it's dangerous driving and any resulting accident is their fault.
My girlfriend was involved in just such an accident as the "car from behind" and she was clear of responsibility.
and yes - she was following at what was considered a "safe" distance by the police, but because the car in front (Exige) decelerated much quicker than her car (207), there was no chance of avoiding a collision.
It went backwards and forwards a few times between the insurance agencies, but it was eventually judged the Exige driver was at fault as she performed an emergency stop, without just cause (the lady driver of the Exige somehow got confused with the pedals and left-foot stomped the brake, instead of the clutch).
I guess in this case you were lucky the lady admitted she stomped on the brake. I can imagine it would have been very easy for her to claim she saw a child / cow / hippy running into the road so the emergency stop was required.If the car in front makes an emergency stop (eg, rapidly decelerates) without just cause, it's dangerous driving and any resulting accident is their fault.
My girlfriend was involved in just such an accident as the "car from behind" and she was clear of responsibility.
and yes - she was following at what was considered a "safe" distance by the police, but because the car in front (Exige) decelerated much quicker than her car (207), there was no chance of avoiding a collision.
It went backwards and forwards a few times between the insurance agencies, but it was eventually judged the Exige driver was at fault as she performed an emergency stop, without just cause (the lady driver of the Exige somehow got confused with the pedals and left-foot stomped the brake, instead of the clutch).
Edited by Sk93 on Thursday 15th July 15:13
As Dracoro said one of the issues is where someone pulls in front of you without enough gap and stops.
And things like this:
http://manchestermouth.wordpress.com/2010/04/07/ah...
And things like this:
http://manchestermouth.wordpress.com/2010/04/07/ah...
Yes
It was a fair few years ago, but the old man escaped a claim after he hit someone up the back.
They basically pulled out of a clear junction and slammed on the brakes for no reason at the same moment the old man looked right to see if it was clear while he was still rolling (we've all done it).
They jumped out rubbing their necks and immediately made a whiplash claim. As it was early in the days of such claims it was viewed with suspicion, the old man went for the toss, put some weight behind it to fight it out and won. Their insurance paid out for the damage to his car.
I doubt he would be successful these days.
It was a fair few years ago, but the old man escaped a claim after he hit someone up the back.
They basically pulled out of a clear junction and slammed on the brakes for no reason at the same moment the old man looked right to see if it was clear while he was still rolling (we've all done it).
They jumped out rubbing their necks and immediately made a whiplash claim. As it was early in the days of such claims it was viewed with suspicion, the old man went for the toss, put some weight behind it to fight it out and won. Their insurance paid out for the damage to his car.
I doubt he would be successful these days.
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