Thread: slight bingle today

Originally Posted by solmanic

Very similar to my rear-ender the other week. Yes, technically it is the car behind's fault in any rear-end collision for failing to observe... follow too closely... or whatever reason...but...

if the Police attend and it is proven that the car in front did something stupid - failed to indicate, did not drive with due care and caution or something, then they will get fined and you have a argument for it being regarded as not your fault. But the police have to attend and then you risk being fined too.


...but it is easier to just cop it and move on. That's why this place exists, so you can vent your spleen and have some sympathy.


My summary assessment of this kind of thing - the other driver caused the accident (if they didn't do something unpredictable it would not have happened) but it is still your fault (you are expected to be prepared for the driver in front to do something unpredictable). It's a bummer though.

bit like trying to predict a woman's moods and staying on the right side of her, no matter what you do it is your fault.

Originally Posted by solmanic

Further to my post above, I had a situation a few years back where a driver cut in front of me from the right hand lane and jammed on the brakes before making a left hand turn. I must have missed them by a poofteenth of an inch, the ABS saved me for sure. No indication, they either didn't see me (in a Defender) or were just that stupid and ignorant they didn't have any sense of just how close they came to being roadkill.

What would be people's assessment of that scenario? I know if I had cleaned them up I would NOT have accepted responsibility and called the cops if necessary to get it on paper that I took appropriate evasive action to avoid a collision with someone who was just not driving properly. Just because you hit someone from behind does not make you at fault if the other party deliberately, or carelessly put their vehicle in front of yours without warning.

I'd say that is what bumber bars are for. And why we pay so much for insurance, morons like that and morons like the woman in my case.

At least I had the pleasure of telling her what I thought of her.

Originally Posted by Peter_OZ

bit like trying to predict a woman's moods and staying on the right side of her, no matter what you do it is your fault.

Sums it up really.

Technically and legally you are assumed to be in the wrong unless you can prove otherwise.

Morally you were not in the wrong but it won't help getting them to pay up.
Are they claiming for damage to theirs?

have not reecieved anything to date however my insurer feels she may have a case to answer so will wait and see.