This happened to me recently except the person drove off and no damage was done (I was in a friends vehicle).
I would immediately say it's the driver in front. BUT I wonder if someone is not sitting the required distance away from the rear then it becomes their fault? I have no idea what is the "required" distance but I assume it's 1 metre.
Mind you these things always drag on if people make them. Legal crap is so easy just to keep dragging on.
Xavier


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