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Fredxx[_3_] Fredxx[_3_] is offline
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Default RTA What would you do?

On 27/07/2018 10:51, Jethro_uk wrote:
On Thu, 26 Jul 2018 23:25:54 +0100, Fredxx wrote:

On 26/07/2018 21:41, bert wrote:
In article , ARW
writes
You know that you are going to get arse ended.

Do you keep your foot on the brakes so that you don't get pushed into
the car in front or do keep your foot off the brake and have two bumps
but of less severity?


If you don't hit the car in front you are at no fault. If you do hit
the car in front then they claim against you as to them you are at
fault. BICBW


I am afraid you are wrong.

Liability is through negligence. If you were stationary with handbrake
on, foot on footbrake and still rear-end the car in front after an
impact onto your car, you are simply not negligent.

More likely you would be their witness for a claim from the driver that
hit you.


Isn't it a bit more nuanced that that ? Many years ago my Dad was rear-
ended into another car. My Dads insurance paid out to the car in front,
but my Dad lost his excess and NCB as the driver of the car that hit him
****ed off. Which made my Dad liable. Despite having handbrake on and
footbrake on.


Unfortunately there are/were some agreements between insurance companies
that led to this and the consequential loss of NCB.

I suspect the issue was one of proof, and he would have lost his NCB
anyway from an insurance claim to repair damage to his rear.