Mate hit the back of a car that stalled - his fault?
Discussion
Hi folks
A colleague was driving down a country lane and rounded the corner, to see a car at the end of a long lay-by pulling out. He backed off the gas as it emerged, but didn't brake as he saw no need to, since the driver would be accelerating off down the road.
Unfortunately, the other driver was in the lay-by as he had a "problem" with his car, which promptly stalled as he pulled from the road. As he stopped, my mate stuck the anchors on, but his nearside front impacted with the offside rear of the other vehicle, at around 5mph, with little damage to the other car and only minor stuff to his.
So, who's fault? Will it be his as he should have been able to stop in time, or the other guy for stalling? I'm not sure. For the record, the other driver admitted the problems with his car and said he had intended to pull away, he pulled out having seen my mate approaching, simply because he didn't expect to stall the car, he said these exact words when on the phone to his insurance company immediately following the incident. Cheers for any help.
A colleague was driving down a country lane and rounded the corner, to see a car at the end of a long lay-by pulling out. He backed off the gas as it emerged, but didn't brake as he saw no need to, since the driver would be accelerating off down the road.
Unfortunately, the other driver was in the lay-by as he had a "problem" with his car, which promptly stalled as he pulled from the road. As he stopped, my mate stuck the anchors on, but his nearside front impacted with the offside rear of the other vehicle, at around 5mph, with little damage to the other car and only minor stuff to his.
So, who's fault? Will it be his as he should have been able to stop in time, or the other guy for stalling? I'm not sure. For the record, the other driver admitted the problems with his car and said he had intended to pull away, he pulled out having seen my mate approaching, simply because he didn't expect to stall the car, he said these exact words when on the phone to his insurance company immediately following the incident. Cheers for any help.
Say it were slightly different.
You are driving along a road you clock someone waiting at a minor road joining your road. You get close and that other person pulls out just in front of you from a minor road.
Who is at fault here? You for not stopping in time or the other driver for not looking / pulling out into you?
Does the fact for the OP its a lay by and not a minor road make a difference?
You are driving along a road you clock someone waiting at a minor road joining your road. You get close and that other person pulls out just in front of you from a minor road.
Who is at fault here? You for not stopping in time or the other driver for not looking / pulling out into you?
Does the fact for the OP its a lay by and not a minor road make a difference?
Edited by was8v on Thursday 15th July 16:03
was8v said:
Say it were slightly different.
You are driving along a road you clock someone waiting at a minor road joining your road. You get close and that other person pulls out just in front of you from a minor road.
Who is at fault here? You for not stopping in time or the other driver for not looking / pulling out into you?
Does the fact for the OP its a lay by and not a minor road make a difference?
I was wondering this too. I think it's hard to say really without being there and know how fast the OP was travelling and how far ahead was the junction when the other driver pulled out.You are driving along a road you clock someone waiting at a minor road joining your road. You get close and that other person pulls out just in front of you from a minor road.
Who is at fault here? You for not stopping in time or the other driver for not looking / pulling out into you?
Does the fact for the OP its a lay by and not a minor road make a difference?
Edited by was8v on Thursday 15th July 16:03
eltax91 said:
He backed off the gas as it emerged, but didn't brake as he saw no need to, since the driver would be accelerating off down the road.
This assumption is the the problem I'm afraid. I know we all make 'assumptions' every time we get on the road, but the best assumption is that everyone else is an idiot and will do the unexpected.
XJR500bhp said:
But if the gentlemnan he hit, told the insurance company, it's his fault, does he not therefore accept liability?
I don't think so. The insurance company won't pay out just because their customer admitted liability. If they don't think they should be paying, they will try and get out of it, it will just make it more difficult for them.Unquestionably his I'm afraid.
Legally it's your fault any time you go into the back of another car and morally you should always try and leave enough space for any eventuality. It's possible a kid or animal you didn't spot has just run out in front of the car you're following. Or that he's just stalled.
Legally it's your fault any time you go into the back of another car and morally you should always try and leave enough space for any eventuality. It's possible a kid or animal you didn't spot has just run out in front of the car you're following. Or that he's just stalled.
I don't think anyone can give an informed opinion without more details. "He hit the back so it's his fault" isn't necessarily true. What if the car pulled out and stalled directly in front of him? Then the car pulling out did not give sufficient space before pulling out in front or a car already making progress along the carriageway.
More info needed but the way you've described it your mate is probably screwed, tell him not to describe it to the insurance company the way you just did
More info needed but the way you've described it your mate is probably screwed, tell him not to describe it to the insurance company the way you just did
Gassing Station | General Gassing [Archive] | Top of Page | What's New | My Stuff