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Who is liable in this situation?

  • 05-09-2011 3:53pm
    #1
    Yag reuoY
    Closed Accounts Posts: 214 ✭✭


    A friend of mine pranged his car fairly mildly and is wondering where he stands regarding insurance etc.

    A car in front of him stopped suddenly for no discernable reason while approaching a tunnel, subsequently resulting in a minor collision.

    The opposite parties' car was not badly damaged; my friend's fared less well.

    Whose insurance is obliged to cough up over this misadventure?


Comments

  • #2
    Wolfe Tone
    Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    Crashed in the back of him? Obviously wasn't keeping at a safe distance, or wasn't paying enough attention.


  • #3
    TouchingVirus
    Registered Users, Registered Users 2 Posts: 8,584 ✭✭✭TouchingVirus


    This question belongs in Motors, and your insurance companies will decide who is at fault. But the onus on a driver is to maintain enough distance between themselves and the car in front so that in the event of a sudden stop they can stop safely (i.e. without colliding with the car in front). Your friend is at fault.


  • #4
    Yag reuoY
    Closed Accounts Posts: 214 ✭✭Yag reuoY


    TouchingVirus wrote: »
    This question belongs in Motors, and your insurance companies will decide who is at fault. But the onus on a driver is to maintain enough distance between themselves and the car in front so that in the event of a sudden stop they can stop safely (i.e. without colliding with the car in front). Your friend is at fault.

    Just as I thought -- many thanks!


  • #5
    MapForJ
    Closed Accounts Posts: 354 ✭✭MapForJ


    Yag reuoY wrote: »
    Just as I thought -- many thanks!
    one should always drive at a speed in which they can stop in the distance they can see to be clear


  • #6
    jhegarty
    Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    Wolfe Tone wrote: »
    Crashed in the back of him? Obviously wasn't keeping at a safe distance, or wasn't paying enough attention.

    Not always the case in court.

    http://www.breakingnews.ie/ireland/learner-driver-loses-damages-claim-against-dublin-bus-493613.html#ixzz1E8fhNCef


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  • #7
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    I've always gotten the impression that if there is something wrong with you you get full fault no matter normal rules.

    IE car driven by learner driver with no accompainment or a drunk driver will always bear full liability no matter fault in the incident.

    I'm not a solicitor or anything but I've read about a number of cases where it holds true.


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