Liability

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Tue 27 Oct 2015 17:58
Liability - Galant

Hi there. I am wondering if you can help put my mind at ease.

I had an accident where I was travelling along an a road single carriagewa, 50mph zone. At an approaching junction to my left, a taxi pulled out in front of me to go in my direction of travel. I.e. he was turning left. He didnt stop at the give way and just went as if he was convinced there was nothing coming. I slammed my brakes on, skidded and went into the back of him. Am I right in thinking that this has to be his fault?

Many thanks.

M

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Tue 27 Oct 2015 18:12
Liability - RobJP

No, it doesn't 'have' to be the other party's fault.

Generally, an accident such as his, the person who drives into the back of the other car is viewed as liable. You may well have to prove that his actions were so reckless that you had no opportunity to brake (i.e that he pulled out when you were far too close to have any chance of stopping).

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Tue 27 Oct 2015 18:20
Liability - Galant

Thank you for the reply. As I've said to my ins co, in my opinion the accident wouldn't have happened if he hadn't pulled out. According to the highway code, he had to give way and didn't. I appreciate your feedback, and prepare for the 50/50!

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Tue 27 Oct 2015 23:28
Liability - galileo

No, it doesn't 'have' to be the other party's fault.

Generally, an accident such as his, the person who drives into the back of the other car is viewed as liable. You may well have to prove that his actions were so reckless that you had no opportunity to brake (i.e that he pulled out when you were far too close to have any chance of stopping).

In events like this a good dashcam record may support your case (would show your speed as well as the other party's action)

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Wed 28 Oct 2015 08:08
Liability - Dwight Van Driver

Bear in mind the High Court precedent

Scott v Warren [1974]

the gist :


Every case turns on its facts but if a road user is forced to take evasive action to avoid a collision with another vehicle caused by negligent and unpredicted driving of that other vehicle the road user cannot be said to have been negligent even if injury is inflicted on a third party.

dvd

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Wed 28 Oct 2015 09:48
Liability - Peter D

The Taxi entered into the path of your vehicle with a right of way. He is responsible for the accident. You will have to lean on your insurance company. Regards Peter.

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Wed 28 Oct 2015 22:21
Liability - Galant

This is exactly how I see it. Thanks.

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Wed 28 Oct 2015 11:44
Liability - FP

My cynicism about people's truthfulness and sense of responsibility (i.e. lack thereof) suggests to me that the tax-driver will swear there was plenty of room, that the OP was speeding and failed to control his vehicle in a situation where there was plenty of time to avoid an accident.

A dashcam might settle it, but in default of any witnesses, what will insurance companies do? Take the easy way out, I imagine.

BTW, I see so much inconsiderate and downright bad driving from local taxi-drivers. They are supposed to be professional, though, as far as I know, need no special qualifications, apart from in London.

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Wed 28 Oct 2015 16:42
Liability - concrete

What a pity you didn't think to sustain an 'injury'. That way you could have called the police and they would have made a full traffic incident report which would indicate your speed, distance braked, speed at impact, breath tests etc, this would then give an accurate picture of events and indicate whether or not he pulled out in front of you recklessly or not. This could then be used as evidence to press your case. I take it you don't have a dashcam or you would not be asking these questions. If the third party sticks to his guns then it's your word against his, unless you can cajole your insurance company into making a proper investigation which is unlikely, then I fear it will be knock for knock and good-bye no claims and a premium loading.

Sometimes these cases are just too difficult to prove beyond reasonable doubt or probability. Tough call. Best of luck.

Cheers Concrete

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Wed 28 Oct 2015 22:27
Liability - Galant

I wish I did have a dashcam. I will certainly be buying one.

Funny you should mention injuries. He's already put in his personal injury claim. I haven't as I'm not injured, nor do I intend to. Funny thing is, Hes not even been in touch with his insurance company!

From what I can gather, he is insinuating that I was in some way trying to overtake. Ie, completely fabricating his version of events. So I guess that this will probably be settled 50/50 and he'll get his half share of compensation.

It just sticks in the throat that I know he's at it.

Thanks all for your input and best wishes.

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Thu 29 Oct 2015 09:49
Liability - Andrew-T

From what I can gather, he is insinuating that I was in some way trying to overtake. Ie, completely fabricating his version of events.

This is normal devious human behaviour and is to be expected if there were no witnesses. My father-in-law had a tale of being reversed into by a lorry driver (many years ago) who immediately jumped out saying 'I never moved!'.

I doubt that you can prove much without a dashcam, unless there is evidence on the road surface. Maybe with the passage of time more drivers will have them, and successfully being devious may get more difficult.

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Wed 28 Oct 2015 22:29
Liability - Galant

Yep. He did the typical 'taxi start' first gear for half a second, then into second, meaning he was probably at about 5mph at point of impact!

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Thu 29 Oct 2015 10:49
Liability - concrete

Yes it is galling. It would be nice to at least 'spike his guns' and contest his version and his injury vociferously. My daughter successfully did this when a fictitious claim was made against her insurance. She was in Edinburgh on business when an American tourist in a hire car strayed across the white line at a junction. Just caught her wing mirror, but a decent scratch down the door of the hire vehicle. My daughter was all for calling the police but the tourist was very apologetic and admitted fault and she would take care of any damage. As it happened the wing mirror was fine with just a trace of a scrape. But my girl, being her fathers' daughter, photographed everything. Lo and behold six weeks later a claim comes through for whiplash. We couldn't stop laughing. Whiplash at walking pace at a road junction!! She wrote down the events very comprehensively and attached photographs of the tourist looking spritely, the so called 'damage' and the location and position of the vehicles at the junction. Her insurance company thanked her and said her evidence had prevented the claim and they even sent her flowers too.

To late for Galant, but even a full written report with diagrams and photographs of the location, skid marks etc may help the insurers fend off this clearly fraudulent claim. I hate to say this but, where I used to live the taxi 'brotherhood' would congretgate at an accident involving another taxi and suddenly there would be a mystery 'witness' who just happened to corroberate the taxi drivers version of events. Usually of the same origins if you get my drift!

Cheers Concrete

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Thu 29 Oct 2015 18:41
Liability - Galant

Funny you should mention it Concrete. The guy may have shot himself in the foot.

It turns out he has got a credit hire taxi (ouch). Yet has chucked in a whiplash claim. Now I have had whiplash many years ago, and I can tell you the last thing I would have thought about doing is driving, let alone doing it for a living. I have planted the seed with my insurance company.

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Thu 29 Oct 2015 11:12
Liability - Andrew-T

At an approaching junction to my left, a taxi pulled out in front of me to go in my direction of travel. I.e. he was turning left. He didnt stop at the give way and just went as if he was convinced there was nothing coming.

Having thought about it, this would have been standard procedure when driving in France 30 or more years ago. Might the taxi driver have been French? :-)

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Thu 29 Oct 2015 17:44
Liability - concrete

Very good point Andrew. I remember those days of yore in France. I have seen a few nasty bumps and quite a few near misses. Worth checking that out. Cheers Concrete

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