Hill start, driver ahead rolls back into your car?

L

LouthLass

Registered User
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Hi all,

Not sure if this is the right forum or if it should be askaboutlaw so please move if appropriate.

Firstly, this is a purely hypothetical question as to how you would stand in the eyes of the law if this would actually happen! Today I was in a queue at a set of traffic lights on a hill and the car in front of me was a learner driver so I left more space than normal so that they wouldn't feel under pressure if they misjudged the clutch and rolled back a bit - which fair dues to them, they got it spot on and it was a perfect hill start! However, if you were in this circumstance and you did leave plenty of room from the car in front but the driver lost control and rolled back into your car, would you still be held responsible?? What if the car that was directly behind you had parked tight so you couldnt move back and there was no way to get out of the situation, would you still be held responsible in the eyes of the law?? I know there are plenty of solicitors and insurance professionals that are members of this forum so I'm just wondering if they have come across this situation before and how did the courts deal with it.

Many thanks in advance for satisfying my curiosity.

Kind regards

LL
 
Wondered the same myself for a while now. I know if i rear end someone, i am at fault and if someone rolls back into me, it's the same end result. It's a law thing so i'll keep an open mind as to what the answer is!

ollie
 
Moving car (whatever the direction) hits stationary car is unusually very clear cut.
 
jhegarty said:
Moving car (whatever the direction) hits stationary car is unusually very clear cut.
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Yes, but how would you prove it? Especially if insurance is involved. If the driver at fault doesn't admit responsibility and there are no independent witnesses, then it's your word against theirs.
 
jhegarty said:
Moving car (whatever the direction) hits stationary car is unusually very clear cut.
Click to expand...

JHegarty, are you confirming that if a driver on a hill loses control and rolls back into your car then they are at fault? Is this how the insurance company will see it also?
 
Bob_tg said:
Yes, but how would you prove it?
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Witness - best witness is independent - ie pedestrian or other driver who viewed incident,
2nd best is your passenger
3rd best - you - in court - your word against his/hers
 
juke said:
Witness - best witness is independent - ie pedestrian or other driver who viewed incident,
2nd best is your passenger
3rd best - you - in court - your word against his/hers
Click to expand...


Surely the best proof would be :>

  1. Damage to rear of one car
  2. Damage to front of other car
  3. Verified by Garda accident report
 
allthedoyles said:
Surely the best proof would be :>

  1. Damage to rear of one car
  2. Damage to front of other car
  3. Verified by Garda accident report
Click to expand...
Gardai, if they attend a non-injury RTI, will have an incident report with presumably two conflicting stories - this will hardly constitute evidence supporting either party's version of events, never mind proof (which is a concept that exists in mathematics, not law AFAIK).
 
mathepac said:
What makes you believe that a mickey mouse incident like this would result in a court case, civil or criminal?
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Agreed - my original question was that it is deemed that if you rear end someone then regardless of how it happened the person who did the rear ending is always at fault but what would potentially happen if it wasnt your fault i.e. hill start rolls back into you? Any suggestions? Has this come up in a court of law before?
 
LouthLass said:
Firstly, this is a purely hypothetical question LL
Click to expand...
hence my previous reply
Bob_tg said:
Yes, but how would you prove it?
Click to expand...

allthedoyles said:
Surely the best proof would be :3 Verified by Garda accident report
Click to expand...
hence my previous reply

mathepac said:
What makes you believe that a mickey mouse incident like this would result in a court case, civil or criminal?
Click to expand...
In any event civil - but I was giving my opinion in general to posts above, but mainly to Bob (sorry I didn't specify)

mathepac said:
Gardai, if they attend a non-injury RTI, will have an incident report with presumably two conflicting stories - this will hardly constitute evidence supporting either party's version of events, never mind proof (which is a concept that exists in mathematics, not law AFAIK).
Click to expand...
Agreed - Gardai won't attend if not reported (eg if mickey mouse - why bother, and unless there's a personal injury, there's no obligation to report it to them otherwise - and then if you do wait, and wait amd wait and wait....)

LouthLass said:
Agreed - my original question was that it is deemed that if you rear end someone then regardless of how it happened the person who did the rear ending is always at fault but what would potentially happen if it wasn't your fault i.e. hill start rolls back into you? Any suggestions? Has this come up in a court of law before?
Click to expand...
Yes (I presume loads of times) - in my case my client had independent pedestrian witness (my one and only road traffic case!!!)

In the above circumstance I think (if it goes that far) you have defend yourself (presumption being downhill car hit car in front)
Bottom line - what is the cost of the damage - do you report it to you insurer? do you defend it yourself? Your call - me - I'd go all the way to court (but them I biased by my one success:eek:)

Am now prepared to be shot down....
 
jhegarty said:
Moving car (whatever the direction) hits stationary car is unusually very clear cut.
Click to expand...
Agree that the moving car is at fault.
Hard one to prove if both sides dispute.
It is likely that significant damange would only result if the car in front had rolled back a foot or two or more (?) In that case, I would take photos showing the position of the 2 cars relative to the white stop line.
 
I would look at it as being front ended. It would be difficult to prove if there were no witnesses and both insurance companies might decide to settle the costs between them in which case you both could lose your NCBonus. Can't see how it would end up in court. From my experience Gardai might not even come if there was nobody hurt in such an incident.
 
This happened to a friend of mine in the US (so I know it may not be applicable here) and the status there is that, if you have NOT left enough room between you and the car in front, if they roll back and hit you, it's your fault. I don't know what happens if you've left enough space and then some....
 
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