HELP PLEASE! **ADVICE NEEDED***

Frontstep

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For simplicity sake let?s call the vehicle in front Vehicle 1, and the
vehicle in the rear Vehicle 2:

Vehicle 1 is struck in the rear due to the reckless behavior of the
driver of Vehicle 1 (example: Vehicle 1 slams on the brakes because
someone is tailgating the court may find that both drivers are equally
at fault.)

Vehicle 1 is struck in the rear due to negligence of the driver of
Vehicle 1 (example: Vehicle 1 suddenly swerves into the lane of
Vehicle 2 without looking and Vehicle 2 cannot avoid the rear-end
collision.)

Vehicle 1 is backing up. (example: What appears to be rear-end
collision was actually caused when Vehicle 1, moving in reverse,
whether under it?s own power or simply rolling, strikes the front of
vehicle 2)

Vehicle 1 and Vehicle 2 are both stationary and a third vehicle causes
the rear-end collision. (example: Vehicle 2 is struck in the rear by a
third vehicle and caused Vehicle 2 to strike the rear of Vehicle 1.)

Vehicle 1 is struck in the rear due to an error attributed to the
driver of Vehicle 1. (example: The driver of Vehicle 1 is
inexperienced or poorly skilled with a standard transmission and
missed a gear or otherwise caused the vehicle to stop or stall or
fails to signal a turn, a court ?may? determine that the driver of
Vehicle 1 is wholly or at least partly at fault.)

Vehicle 1 is not safely operational and suddenly becomes incapacitated
thereby posing an unexpected and unavoidable traffic hazard (example:
Vehicle 1 stalls in traffic due to some mechanical problem. Especially
if no emergency lights were flashing at the time of the collision to
warn other drivers, a court ?may? determine that the driver of
Vehicle 1 is wholly or at least partly at fault. It most states it is
a driver?s duty to make sure the vehicle is safely operational at all
times and in many cases a mechanical problem can be viewed as a
negligent contributing factor on the stricken driver?s part.)
C&P
 

The Pan Man

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Guys I'm very sorry but you need to get into the real world. If you hit the back of another vehicle YOU ARE IN THE WRONG. Fancy a test?
 

Gary Hanson

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Guys I'm very sorry but you need to get into the real world. If you hit the back of another vehicle YOU ARE IN THE WRONG. Fancy a test?
If you've got anything relevant to add, like for example, some case law to back up your assertion, please feel free.
 
Last edited:

cleverdicky

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Its true mate, its a given.
Insurers dont sit and analyse it, they agree amongst themselves and pay the cheapest / obvious.

Only if there are grounds for suspecting fraud or if involves the police will they consider anything else.
And anyone who has had to make a claim will tell you this.
 

The Pan Man

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If you've got anything relevant to add, like for example, some case law to back up your assertion, please feel free.

--------------------------------------------------------------------------------
Moderator Please close this thread.
 

c15htn

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An example of the above happened to me. A vehicle pulled into my path from a junction on the left - I had right of way - he then stopped suddenly to make a right turn and I promptly ran up the back of him.
My car a right off, his a write off, the insurance companies tried for knock for knock, I refused adamantly and his insurance paid for both vehicles.

See, it can happen.
 

lwbnick

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Hi can anyone help me please? Two weeks ago a muppet decided not to stop and ploughed into the back of me writing off my beloved E220 1992 K Reg.

Why did you let them chop the roof off, all the doors look like they would have opened??
 

Naraic

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Why did you let them chop the roof off, all the doors look like they would have opened??

Probably the fire brigade fearing neck injury. For that reason if you do come upon an accident...do not let any of the walking wounded sit in your car...FB may take the roof off.
 

Gary Hanson

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If you've got anything relevant to add, like for example, some case law to back up your assertion, please feel free.

If you've got anything relevant to add, like for example, some case law to back up your assertion, please feel free.


I have copyrighted the above sentence and I claim £5 in scrap yard gift vouchers ;)

Here are a couple of precedent cases.

Smith v Kempson [2011] EWHC 2680 (QB) - http://www.bailii.org/ew/cases/EWHC/QB/2011/2680.html

Ali v D’Brass (2011) - http://lexisweb.co.uk/cases/2011/november/ali-v-dbrass-and-another
You have to sign up and pay to view this one, so here's another link to details on the case - http://www.forbessolicitors.co.uk/b...er-in-front-responsible-for-a-rear-end-shunt/

Both of which I think illustrate that there is no strict liability rule regarding rear end shunts.
 

Frontstep

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Some will no doubt still argue but you are right.
 

Xtractorfan

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I do remember a case last year ... when a judgment was made in favour of the person who rear ended another vehicle at a roundabout.
The lady in front, took off and then abruptly stopped once she had entered the roundabout...
The judgement given was based on the fact that the following driver, could not look in front and to his immediate right at the same time, it said the driver whilst looking right and seeing no immediate danger from approaching vehicles was therefore obstructed by the vehicle in front.....
So it can happen...
 

cleverdicky

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I do remember a case last year ... when a judgment was made in favour of the person who rear ended another vehicle at a roundabout.
The lady in front, took off and then abruptly stopped once she had entered the roundabout...
The judgement given was based on the fact that the following driver, could not look in front and to his immediate right at the same time, it said the driver whilst looking right and seeing no immediate danger from approaching vehicles was therefore obstructed by the vehicle in front.....
So it can happen...
Disagree with that..and just Proves insurers dont have a clue.
That driver should not have been so close or accelerating so fast, that when pulling off he could not stop.
Yes I know its a common problem, especially with women and roundabouts.
Not sexist, it just is.
People APPROACHING a roundabout should already be looking to know what's on the roundabout and coming from the right. The sad fact is they dont untill they stop.

But insurers cant and dont rule in favour on a claim based on driver skill and error. Unless its blatant. And again, particularly when so many of them are women. Sad fact that many councils and road designers, highways safety etc many are women. I've said before and provided links. Because they're influence shows often in lay outs and markings and decisions.
I know this might sound a little anti women. Most definitely not,
 

Frontstep

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I think the subleties of the Judgments are being overlooked, the Courts are apportioning blame often at 50/50 for ease.
They rarely find the following driver at no fault.
 


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