Non fault accident help!

thegirlintheattic

leftinamess wrote: »

It's looking that way, if anyone was in the car they would understand I wasn't at fault, the person that caused the accident was very spooked and knew what he had done was wrong but that's just the way it goes sometimes. Can I just say to everyone the wall is fine and all being sorted.......

Might not 'morally' be your fault but insurance doesn't always work that way (I've been stung like that). For instance, driver in front brakes suddenly because they figure out they are going to miss they are going to miss their turn. You go into the back of them. They 'caused' the accident. Your fault as you didn't leave stopping distance.

First part of driving - treat all others on the road like idiots, drive defensively and expect the unexpected.

leftinamess

Thanks again all

arcon5

When driving behind other vehicles we are all expected to do so at a safe distance - a distance which would allow us to stop in case something happens ahead. So for example, if the car in front makes a last second brake to turn left and you run in to the back of him you are seen as liable.

Would ops claim possibly be seen in the same light? The car is front performed an incorrect maneuver and because op had not allowed enough space to react they instead had to swerve to avoid a collision (unless the other car pulled in to a LH slip road or left the main carriageway, which doesn't seem to be the case here.

So at the very least could ops actions be deemed to be contributory negligence?

Just thinking out loud.

leftinamess

arcon5 wrote: »

When driving behind other vehicles we are all expected to do so at a safe distance - a distance which would allow us to stop in case something happens ahead. So for example, if the car in front makes a last second brake to turn left and you run in to the back of him you are seen as liable.

Would ops claim possibly be seen in the same light? The car is front performed an incorrect maneuver and because op had not allowed enough space to react they instead had to swerve to avoid a collision (unless the other car pulled in to a LH slip road or left the main carriageway, which doesn't seem to be the case here.

So at the very least could ops actions be deemed to be contributory negligence?

Just thinking out loud.

thanks for your input, a posotive one! i just cant see how i can be held to blame, i have been told if i collided with him then it would have been straight forward but because i missed him there is a case?

Aylesbury_Duck

There is a difference between the blame attached to the accident by those who witnessed it and the blame attached by the insurance company. I've had two (thankfully minor) crashes into the back of people in 20 years. On both occasions the other party played their part in the accident (one braked suddenly to make a turn he was going to miss, the other went through a green light on a roundabout yet stopped at the give way line a few yards later anyway). On both occasions, insurers deemed me to be at fault. And on both occasions, I do shoulder the blame because had I been further back or had I read the situation and reacted faster, I would have avoided the collisions. If I "wasn't there", neither accident would have happened, despite the unusual driving of the other parties.

Unfortunately, your insurers are likely to take the same view.

DUTR

leftinamess wrote: »

thanks for your input, a posotive one! i just cant see how i can be held to blame, i have been told if i collided with him then it would have been straight forward but because i missed him there is a case?

The after math of an accident is always stressful, however ask yourself this
Was it clear and safe to proceed?
If no, then you must be liable.
If yes the sequence of events there after would not have occured

Chopper_Read

DUTR wrote: »

The after math of an accident is always stressful, however ask yourself this
Was it clear and safe to proceed?
If no, then you must be liable.
If yes the sequence of events there after would not have occured

Are you still blindly guessing to apportion blame?

leftinamess

DUTR wrote: »

The after math of an accident is always stressful, however ask yourself this
Was it clear and safe to proceed?
If no, then you must be liable.
If yes the sequence of events there after would not have occured

Its was safe until he aborted his manouver and went to pull out in front of me........

DUTR

leftinamess wrote: »

Its was safe until he aborted his manouver and went to pull out in front of me........

It wasn't safe as your path of proceedure was not clear and safe to proceed, the vehicle in front has priority, just think that few seconds of patience would have saved a lot of inconvenience now.

DUTR

Chopper_Read wrote: »

Are you still blindly guessing to apportion blame?

Are you still trolling or going to back up evidence especially of your post #28.