who's fault

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Come off it bolo. Two pratts driving two cars on a country road, and they manage to collide - is there really any doubt that it's six of one and half-a-dozen of the other?

Naturally the insurance companies will look to lump it on the driver who was behind, but if there is contributory negligence then it can go the other way. As the police knew perfectly well, it's one person's word against the other.

I can only speak from experience Softus. However, if as you suggest, things have changed then I will edit the post. A friend is a traffic police inspector and I shall consult him on this matter.
 
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bolo said:
However, if as you suggest, things have changed then I will edit the post.
I really wish you wouldn't - if you change the meaning of a post it makes a nonsense out of whatever follows. If you're wrong then just accept it and move on.

A friend is a traffic police inspector and I shall consult him on this matter.
Is that some kind of bleeding joke?! What on earth do you think a police officer will know about the tort of negligence?!!

You amaze me sometimes bolo.
 
bolo said:
Now where would she get that idea from?
I don't know, and I'm not interested either. All I've done on this topic is respond to a question mark. Now kindly go away and leave libby to choose whether or not she answers.

Thats not very nice Softus. After all, I did include a question mark! And yes, you did give me an answer. Are you looking for 'locking' on this one too?
 
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Very well.

Pretty please, stop interfering, and it would be ever so nice if you would go away.
 
bolo said:
However, if as you suggest, things have changed then I will edit the post.
I really wish you wouldn't - if you change the meaning of a post it makes a nonsense out of whatever follows. If you're wrong then just accept it and move on.

A friend is a traffic police inspector and I shall consult him on this matter.
Is that some kind of bleeding joke?! What on earth do you think a police officer will know about the tort of negligence?!!

You amaze me sometimes bolo.

If I've got it wrong and alter the post accordingly you surely cant argue against that.

Since my friend is a university graduate, is the highest ranking officer in our local station and ultimately decides which charges are brought regarding infringements in the law, I would say without reservation, that he knows an awful lot more about the law than you do Softus.

Thank you or the 'amazing' compliment.
 
bolo said:
Softus said:
bolo said:
However, if as you suggest, things have changed then I will edit the post.
I really wish you wouldn't - if you change the meaning of a post it makes a nonsense out of whatever follows. If you're wrong then just accept it and move on.
If I've got it wrong and alter the post accordingly you surely cant argue against that.
Fair enough.

Just to clarify things, is this the post that you're going to change later on:
__________________________

driving down a coast road at between 45.50 mph. it's a 60 mph road :confused: guy on front slows down i slow down he pulls off really quick i put foot on the gas he slams brakes on i hit him about 12 mph. i am driving a 3.5 tonn pick no damage to truck little damage to old j.reg car but after guy said he would kick my head in he gets back in car i call police he calls ambulance, when it comes he and his girl are now on stretcher's, police come, all blow in bag :LOL: cops tell me to go, they phone me that nigth tell me there is nowth wrong with other guy or his girl, and we will have to sort it out ourselfs. :eek: no other cars on road ,it was a nice day road dry no stoping allowed no turn off , :eek: :eek: give us a clue could this be a compo job, :confused:
If your car hit the guy from behind then I'm afraid that you haven't got a leg to stand on. And, if the un 'injured' party makes a claim against your insurance as a result, especially if they use a 'No Win No Fee' solicitor, then I can only hope that you have No Claim Bonus protection. I am sure that you will have learnt from the experience. My mate certainly did when the guy in front did an emergency stop for an imaginary dog. Bang....went two and a half grand!

:?:
__________________________

What on earth do you think a police officer will know about the tort of negligence?!!
Since my friend is a university graduate, is the highest ranking officer in our local station and ultimately decides which charges are brought regarding infringements in the law, I would say without reservation, that he knows an awful lot more about the law than you do
It isn't about what I know, it's about what's correct.

You're forecasting that your low-ranking and poorly qualified friend's knowledge of Criminal Law will know enough about matters of negligence to be able to advise. That exposes a lack of understanding on your part, not his.

I must have gained the wrong impression somewhere, that impression being that you were a teacher in some capacity or other. My point was that the gaps in your lack general knowledge are amazing for someone in that role.
 
thank's all you guys for your reply's i am now shi#ing myself ,spoke to police last night, guy and his girl went to hospital but were discharged o.k. but as you all say the no win no fee people will be on my tail soon me thinks they are after my insurance money :eek: bastar## :cry: will let you all know as we proceed :eek: thanks again for your input
 
Softus, with 30 years of experience in Traffic, I have no doubt whatsoever that my friend, after reading the original posting will give an opinion based on that experience. I have absolutely no doubt that he will find in favour of the driver in front. The fact that the poster was not charged simply reflects the fact that the accident was fairly trivial since no one was injured.

You know you're wrong but don't have the decency to admit it. If someone bumped you from behind, I'm sure that you would very quickly change your attitude to this one.
 
Bottom line is unless the car in front was in reverse gear you are the party at fault.

That said there are cases where the car in front has created a situation where an impact would be inevitable for all but the most defensive driver following.

Question

Did the brake lights come on when the car braked or were you aware only because it slowed down rapidly ?

If the brake lights did not come on then it MAY be a set up to scam you and your insurance.

If the police can be made interested ( the scam is a crime ) they may be prepared to examine the car for defects in the brake lights or a switch in series which is a dead give away that it is a scam.

Too late now but if it happens again and the lamp clusters and bulbs are broken take a photo of the broken bulbs. If lit when broken the filament burns and oxides of metal will be there, if not lit the filament just breaks into pieces.
 
Bolo: You should know by now that Softy Boy likes to think that he is a legal beagle and isn't likely to admit being mistaken on an issue concerning law ... Even when he has been comprehensively proven to be wrong.

Just point out in the post that he isn't legally qualified and no more able to advise than my 87 year old white haired old granny and let him get on with it ... It isn't worth the effort arguing the t o s s with him. ;)

MW
 
Hello again Softus. I have just had my friend round and left him to read the original posting and the replies without interuption.

Having done that he came up with the following:

1 Without a working knowledge of Criminal Law how on earth do you think that he and the rest of the British police force for that matter would be able to uphold the law?

2 The person who made such comments ie you, must have made them tongue in cheek OR was lacking in common sense OR was a complete idiot (I'll leave you to choose).

3 That since you have such a low opinion of him why don't we phone the legal helpline of our insurance companies and get their advice. We did. The reply was that "In 99.9% of all cases where a car is hit from behind, the driver of the car that runs into the back of the other car is deemed to be the negligent party". You can verify this through your own legal helpline - the phone calls are usually 0800 numbers so it wont cost you a penny
 
bolo said:
I have absolutely no doubt that he will find in favour of the driver in front.
He will "find"?! Is he a judge?

You know you're wrong
Oh do tell. What am I wrong about?

If someone bumped you from behind, I'm sure that you would very quickly change your attitude to this one.
In that case you're the wrong that's wrong, because it's happened to me four times, once as a passenger.

I know of cases (different circumstances to this one) where the driver in front has been convicted. It's not always as clear cut as you seem to think.
 
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