i was stopped at a stop light on an incline and some idiot pulled like a foot off my back bumper. so i pull up a foot or two, and what do they do? they pull up even closer! so i pull up one more time (they have to be able to see that im driving a manual transmission) and they get even CLOSER! now if i had rolled back on them, whose fault would that have been?
2007-11-17 14:56:27 · 18 answers · asked by import guy 4 in Cars & Transportation ➔ Insurance & Registration
-i need a new clutch-
2007-11-17 15:04:01 · update #1
they didnt give ANY room
2007-11-17 15:07:24 · update #2
it could be the other persons fault.... hmmm lets see, because they could see i was rolling back the first 2 times i pulled up and all they did was keep getting closer... they were "following too closely" in other words
2007-11-17 15:13:44 · update #3
I believe it would be your fault as you "backed" into them. I have never came accross a claim such as this, but usually when someone rearend you, they'are 99.9% always at fault, but when you're backing, you have the duty to ensure you are backing safely. Although you were'nt technically backing, you're vehicle did roll back into someone, even if they were close to you.
2007-11-17 15:00:58 · answer #1 · answered by kablooie 2 · 3⤊ 0⤋
Legal liability miht change depending on the state but for a simple, who is at fault. I'd say about 90% yours and 10% theirs. They have a duty to maintain a safe distance. They clearly did not do this. But proving it would be another matter. If this were an actual claim, your insurance company might consider you 100% at fault but this would simply be an easy way to close the claim.
I mention states as if a contrubitory state it means if your 1% at fault you cannot collect from the other party.
I've handled a few claims like this and I've also had people on my butt when stopped. Bottom line, learn how to engauge the emergence brake and release it while your starting forward.
2007-11-17 15:49:16 · answer #2 · answered by Todd C 4 · 1⤊ 1⤋
Obviously the person who was behind you is an idiot for not anticipating you rolling back since you were driving manual. If the idiot makes a claim thru your insurance, you can always tell them your version of the story so as not to assign 100% fault to you.
2007-11-17 15:18:58 · answer #3 · answered by Jezebel 2 · 2⤊ 0⤋
"A short time later, the dispatcher radioed to Officer Smith that there were three residential burglaries reported within the last ten days in the neighboring town and in every break-in, a class cutter had been used to make entry." There is his probable cause and not only his right but duty to pull the guy over and cuff him while he learns more about the guy and the crimes. This all went according to the book. Unfortunately, the innocent suffer inconvenience for matching a description of a criminal. Its part of what we all accept in order to have effective police protection. I know, its easily abused, but that's the way we would prefer it even if someone is inconvenienced.
2016-05-24 01:10:31 · answer #4 · answered by marti 3 · 0⤊ 0⤋
You could argue they were at least partially at fault, but, if your clutch is worn, that goes straight out the window. Drive with faulty equipment, any accident that would have been avoided had the equipment not been faulty is your fault. Sorry.
You do realize the emergency brake can be used to virtually eliminate roll-back I presume?
2007-11-17 21:36:45 · answer #5 · answered by Fred C 7 · 0⤊ 1⤋
it's your fault buddy.
regardless of the circumstances.
i've asked yahoo answers to give me only australian questions, so if you are in australia, a reversing party must only do so if it's safe. if there is another vehicle stationary behind you, then it's obviously not safe.
if you can't control your vehicle on an incline, then you might need to sit your drivers test again.
ps. being done for 'following too close' only relates to when someone is moving forward and hits YOU from behind. which obviously isn't the case here.
2007-11-17 17:40:24 · answer #6 · answered by loving30 4 · 0⤊ 2⤋
Why on earth would it be the other persons fault? You rolled backwards into their stopped vehicle? And unless you had a neon sign above your car that said "Manual transmission" how were they supposed to know your car MIGHT roll back?
What a moron.
2007-11-17 18:12:05 · answer #7 · answered by ♥ Uwish ♥ 6 · 0⤊ 3⤋
your fault, and I know how ticked off you must be. I drive standard, and people are really dumb, they just don't know any better. I've had the same problem on inclines, people just have to be right on top of you.
2007-11-17 15:10:05 · answer #8 · answered by curious115 7 · 1⤊ 1⤋
Whoever was moving at the moment the collision occurred is at fault. Whoever was stationary is not at fault.
Of course, proving this will be difficult.
2007-11-17 15:44:29 · answer #9 · answered by Anonymous · 1⤊ 2⤋
Unfortunately it would be your fault since you're the one who backed into them.
2007-11-17 15:12:23 · answer #10 · answered by Maricel S 4 · 1⤊ 1⤋