RTA Liability

[Tigger82]

I was recently involved in an accident and the other driver is claiming that I am responsible. I don't agree but I would like further opinions....

I was driving through a village at about 20 mph due to the fact that it was snowing and the road had been cleared but new snow was laying and making it slippy. I started to descend a hill and a car pulled out of a side road half way down the hill. He then skidded and then stopped in the middle of the road. I attempted to brake but skidded the rest of the way down the hill as my tyres had no grip on the road. I then shunted into the back of his car. My only other option would have been to swerve but that would have put me into oncoming traffic.

The way I see it, if he had been patient and waited for me to pass, he could have pulled out behind me (where there were no vehicles for a fair distance) and all of this would have been avioded. However, I am aware that in a rear shunting it is usually the person in the car doing the shunting that is liable, but surely in these conditions he was at fault and not me???

[boxtops]

A difficult one to call, but no doubt he will claim against you for hitting him in the rear. All you can do is report it to your insurance company, with a sketch and full details as you have here, and let them fight it out for themselves. There is an argument that you should have been able to stop in time (suppose it was a child who'd run out?) so there is a possibility that the insurance companies will split the difference and deal with it on a knock for knock basis. All you can do is make sure your insurance company have as much detail as possible - they won't pay out to a third party if they can argue that it was his fault.

[Count-A-Strong]

Just put it on your insurance claim and let them deal with it.

[Tigger82]

I have put it to my insurance, when I first called to report it (before the other driver made a claim) the advisor lady seemed to think he was in the wrong.
This is the first accident I've ever been involved in so it has naturally shaken me up a bit! And I don't like being blamed for something that wasnt my fault!

[factor-fiction]

I agree- let your insurance company deal with it. It's easy to tie yourself in knots over these things even though you can't really influence the outcome. Just make sure you give all the facts and get witness details if possible. You may find teh other car driver will twist his story.
I think your insurer will probably accept quite a large part of the liability

[boxtops]

Tigger, don't fret about it - all you can do is be honest and let the insurers decide, it's what you pay 'em for. The driving conditions at the moment are very hard to manage, it doesn't sound as if you were driving carelessly.

[boxtops]

I should have added, IMO.

[AlBags]

I would have thought HE was in the wrong too.
Where did you hit exactly .. on his car?

[Tigger82]

@ Albags - that is the funny part, I managed to aim for the middle of his bumper ( I knew I was going to hit him and figured that would be the 'softest' hit) he had very minimal damage and I had none. So just on his bumper, no metal showing, just popped in a bit.
I would have thought he wouldnt have bothered claiming as the damage was so minimal and would not cost much - surely just excess amount that he would have to pay

[Graham-W]

I feel a claim for whiplash coming on :-((

[boxtops]

You could be right, Graham - all the more reason for tigger82 to make sure their version covers all the details

[wilkesneil]

GRAHAM-W
I was just about to say the same...

[bednobs]

i honestly think it'll be 1/2 and 1/2
he lost control and ended up in the middle of the lane, you lost control and couldn't stop (both owing to the weather.
The fact he could have waited is neither here nor there, he could have left his house 30 seconds earlier or later, he could have spent an extra 30 seconds scraping snow off and so on and so on. However, as the others say, just leave it in your ins company hands and don't sweat it
However,

[DTCwordfan]

let the insurance cos slug it out between them - it will probably be taken as each pays for his own, espeically given the conditionb.............hiw much damage to you by the way - as one has to be careful that the premiums dont rocket - or do you have a re-insurance clause to cover the 1st accident..... I had a small prang in a similar way this last weekend - neighbour came around a country lane corner and skidded across the road, blocking off any chance of me getting through. We agreed each to each and that both of us will personally carry.....no issue, as his son was driving and Dad didnt want his insurance co to know. Damage = a cracked head light and indicator light one me and on him, a crack in the front 'fender' of his Citroen....no more than about 300 for each and impact speed was < 6 or 7 mph. Like you, I took the softest option, my alternative was a granite wall/pillar that protrudes out into the lane.

[wilkesneil]

I WOULDN'T OWN UP 50% THOUGH AS IF HE REFUSES 1/2 THE BLAME THEN WHAT HAPPENS IS, YOU ADMITTED YOU MAY BE AT FAULT SO YOU GET 100% BLAME, I KNOW SOMEONE WHO HAS BEEN CAUGHT OUT BY THIS, IF YOU FEEL IT WASN'T YOUR FAULT THEN KEEP TO IT...

[bednobs]

although in the end, your ins company will decide, and there is not much you can do to change it!

[wilkesneil]

he may have already knew that roads were slippery and was looking for an easy injury claim.

[bednobs]

well, he may have done, however, that's neither here or there when it comes to an insurance claim!

[joko]

the business of 'should have been able to stop in time' refers to cars travelling normally down the road, needing you to make sure you have the correct amount of space between them...not people or things flying out suddenly from the side...how can you possibly gauge if you have enough space in those circumstances?
you have no control over them.

[Tigger82]

Thanks for all your re-assurance! I have no damage on my car or to me or my other passengers. Other driver was alone and the first thing we asked each other was that we were all OK. My god I hope he doesnt start some whiplash claim!!