A car scrapes along the side of another car whilst overtaking on the left hand side, it fails to stop and drives on.
The scraped car follows the offending car in order to get reg plate details, before the driver can do so the offending car slams on breaks to avoid being flashed by speed camera, the following car does not have enough time to stop and smashes in to rear of other car.
Both cars were speeding at the time of the accident. Who is at fault?
2006-10-17 22:06:06 · 34 answers · asked by Blackheath rugby wife 2 in Cars & Transportation ➔ Insurance & Registration
It's the scraped car's fault as they ran into the back of the 'offending car'. That's the law.
2006-10-17 22:08:35 · answer #1 · answered by Tiger01204 5 · 1⤊ 0⤋
Overtaking on the left ? If this is a UK question then no car should be overtaking on the left. I would say that the car overtaking on the left was at fault for the scrape but the insurance company may think differently.
Without a doubt it is always the car that hits the rear of the other car that is at fault.
The police may also have something to say with regard to speed, leaving the scene of the accident (scape) etc.
2006-10-17 22:23:22 · answer #2 · answered by barneyboomagoo 4 · 0⤊ 0⤋
This is two accidents of course. The first one from the scraping, which is the fault of the passing vehicle. The second one is the fault of the car that did the rear-ending. You must travel at a safe speed and following distance so that if the car in front of you stops for any reason you can avoid a rear-end collision.
2006-10-17 23:42:05 · answer #3 · answered by Chris 5 · 1⤊ 0⤋
Well, first of all, they were both speeding. The car that was scraped, was in pursuit of the car that damaged his car. If the car that scraped the car was speeding to get away, and put his brakes on and made the first car hit him, then I would say it was his fault, as he not only hit and run so to speak, but he was speeding, then put his brake on, which made the one behind hit him, who was following closely to get his license plate number. This would have to be taken to court and proven. The reason is that by the law, the car who hit the back of the car is at fault, but there are circumstances here and in my opinion would have to be brought before a judge with a lawyer to represent the person that hit the back of the first car, to present his case. It it too complicated to do otherwise. Just my opinion, and may be hard to prove otherwise. It would be one word against the other, unless there were witnesses. They both might get tickets for speeding, however. I don't think I would have pursued on just a scrape, too dangerous for speeding anywhere. The judge would probably fine both of them, and get the one who hit the other for following too closely.
2006-10-17 22:14:25 · answer #4 · answered by shardf 5 · 1⤊ 0⤋
Never drive at such a speed that you cannot stop within the distance you see to be clear.
No if`s or but`s, simple and straight forward.
The undertaking and the scraping has nothing to do with one car running into another, the fact that the following car driver was driving up close behind in order to read a number plate shows the driver was not driving with due care and attention, was driving too close to stop and was an accident waiting to happen.
2006-10-17 22:20:07 · answer #5 · answered by Spanner 6 · 1⤊ 0⤋
It's 50-50. The offending car's damage to the scraped car is the offending driver's fault; the law requires that the scraped car is responsible for hitting the rear of the offending car.
2006-10-17 22:11:12 · answer #6 · answered by Stu 2 · 0⤊ 0⤋
Failing to stop after an accident is an offence, how the accident came about is up to others to decide, there are several reasons why you could be over taken on the left in Uk, not only one way streets, slow moving traffic on motorway/dual carriageway etc. How the vehicles came to collide is the question, did the car being "undertaken" move left deliberately?
As to the rear end shunt, car following is totally at fault, 6 points possibly, big insurance rise next year likely, speed is irellevant
2006-10-18 03:29:23 · answer #7 · answered by Martin14th 4 · 0⤊ 0⤋
I would like to say the Driver that was getting chased is at fault as he drove away from the accident. But that's not the case the driver in the rear should have left enough gap as is taught in driving lessons. The fact is they could have followed at a reasonable speed and got the plate when they stopped at traffic lights. Sorry....
2006-10-17 22:10:16 · answer #8 · answered by janetlouise24 4 · 2⤊ 0⤋
other car is at fault for scrape on the side
the scraped car is at fault for running up the back of the other car
insurance companies will not see it any other way unless you can prove the other car slammed on its brakes to cause an accident - even then it will be difficult to prove as the car following should have left enough space should the car in front need to do an emergancy stop.
the other car may be prosecuted for leaving the scene of an accident though
2006-10-17 23:33:07 · answer #9 · answered by BigBoy 3 · 1⤊ 0⤋
There are two offences here. First offence is on behalf of the over taking car, because while over taking it made contact with another and kept driving off. Second offence is on behalf of the car following to get the reg number because first of all both shouldn't be speeding but even still the car behind should always be aware of the car ahead slowing down suddenly or stopping and should keep the proper distance.
2006-10-17 22:17:36 · answer #10 · answered by pmca_dub 1 · 1⤊ 0⤋
You both are. The scraper is at fault for scraping car #2 while passing. Driver of car #2 is at fault for following too closely and running into the back of the scraper. And NEITHER of you should have left the scene of the first accident!
2006-10-18 06:32:13 · answer #11 · answered by Beth 4 · 0⤊ 0⤋