Insurance Fault?
Discussion
I'm sure this has been asked before but I can't find it...
What happens if a car drives the wrong way on to a roundabout and causes an accident? Who would the insurance companies deem to be at fault?
What happens if the car that drives the wrong way isn't hit by any cars but after performing an emergency stop a car was rear-ended? Because that was almost me. I nearly took an MX5 driver from behind after an old woman in a Micra drove the wrong way on to a roundabout. Micra driver was somewhat oblivious to the situation and drove off and I'm not sure she would have done anything had I hit the other car. Anyway, ignoring my PH cliches what would happen?
Anyway, here's a video:
http://youtu.be/VxamZXROPZI
Ignore the date on the video as it was yesterday and I've not worked out how to change it on my cheap in-car camera. Also, it's a wide angle lens so it doesn't look as close as it was in real life and I've muted it so you don't get to listen to my incredulous swearing and my OH's nervous giggling.
What happens if a car drives the wrong way on to a roundabout and causes an accident? Who would the insurance companies deem to be at fault?
What happens if the car that drives the wrong way isn't hit by any cars but after performing an emergency stop a car was rear-ended? Because that was almost me. I nearly took an MX5 driver from behind after an old woman in a Micra drove the wrong way on to a roundabout. Micra driver was somewhat oblivious to the situation and drove off and I'm not sure she would have done anything had I hit the other car. Anyway, ignoring my PH cliches what would happen?
Anyway, here's a video:
http://youtu.be/VxamZXROPZI
Ignore the date on the video as it was yesterday and I've not worked out how to change it on my cheap in-car camera. Also, it's a wide angle lens so it doesn't look as close as it was in real life and I've muted it so you don't get to listen to my incredulous swearing and my OH's nervous giggling.
If the MX-5 had hit the Micra head-on then the Micra would likely be held responsible.
You're asking who's fault it would be if you rear-ended the car in front of you in an emergency situation. The answer is you would be liable - and the reason for the emergency wouldn't come into the equation.
You're asking who's fault it would be if you rear-ended the car in front of you in an emergency situation. The answer is you would be liable - and the reason for the emergency wouldn't come into the equation.
The chain of causation is quite clear- If, for instance, the Micra had hit the MX5 and shunted it back into you whilst you were stationary, then they would be liable.
In this instance though, if the Micra had hit the MX5 they would have probable liability, however you would be liable for failing to leave a sufficient gap to stop.
In this instance though, if the Micra had hit the MX5 they would have probable liability, however you would be liable for failing to leave a sufficient gap to stop.
Liability is dependent on proximate cause
"Active, direct, and efficient cause of loss that sets in motion an unbroken chain of events which bring about damage, destruction, or injury without the intervention of a new and independent force."
In this case, there is the intervention of a new and independent force, that is your failure to keep a safe distance from the car in front.
"Active, direct, and efficient cause of loss that sets in motion an unbroken chain of events which bring about damage, destruction, or injury without the intervention of a new and independent force."
In this case, there is the intervention of a new and independent force, that is your failure to keep a safe distance from the car in front.
TwigtheWonderkid said:
Liability is dependent on proximate cause
"Active, direct, and efficient cause of loss that sets in motion an unbroken chain of events which bring about damage, destruction, or injury without the intervention of a new and independent force."
In this case, there is the intervention of a new and independent force, that is your failure to keep a safe distance from the car in front.
The "safe distance" would not be the effective cause of the loss, had an accident been likely to occur at a reasonable distance between the vehicles. You are not required to keep a safe distance for all eventualities. "Active, direct, and efficient cause of loss that sets in motion an unbroken chain of events which bring about damage, destruction, or injury without the intervention of a new and independent force."
In this case, there is the intervention of a new and independent force, that is your failure to keep a safe distance from the car in front.
The same argument goes for speed. Speed is not on its own a proximate cause, if the accident would have occurred at any speed.
If there are multiple concurrent causes, i.e.. both the OP and the Micra were negligent, then this would result in apportionment of liability, not simply the removal of it. The MX5 driver could potentially claim for damages from both the Micra and OP, and the OP could claim a proportion of damages from
The Micra driver's negligence is clear, and it passes the causation "but for" test. The OP's situation is arguable, and as no accident occurred, we can only guess.
Isnt a bit easier than that?
If the Micra was parked in the slip road the MX5 should be driving so as to be able to stop if the way isnt clear.
The OP should be a safe distance behind the MX5 if it were to stop.
The difference here is that the Micra is moving on the wrong side of the road toward the MX5, something the MX5 is unlikely to expect or allow for. If they collided it ought to be the Micra at fault. If OP is keeping a safe distance he should only be involved if the MX5 was batted backwards.
Insurers may see it differently
If the Micra was parked in the slip road the MX5 should be driving so as to be able to stop if the way isnt clear.
The OP should be a safe distance behind the MX5 if it were to stop.
The difference here is that the Micra is moving on the wrong side of the road toward the MX5, something the MX5 is unlikely to expect or allow for. If they collided it ought to be the Micra at fault. If OP is keeping a safe distance he should only be involved if the MX5 was batted backwards.
Insurers may see it differently
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