Who is liable?

Plasticlamp

I was involved in a crash yesterday morning, I was driving, conditions were very bad on the road, wasn't speeding & all had seatbelts on...
I hit something slippery, not sure what (water, ice, oil, mud, snow, leaves...??) but the car started spinning, I hit the brakes & tried to control it... We spun around twice I think, almost flipped over but ended up back on the right side of the road, back to the ditch, facing outward!
Stopped spinning & I thought - wow that was scary but we're all ok, no damage done (my daughter & partner in car also) then the guy who was driving behind us hit us...!!
The rear bumper & lights are totally smashed on my car on the right side & he has a few scrapes over his rear wheel panel (right side), not even dinted !
Despite it being a wide straight road & there is even a bicycle track! He didn't stop for a good bit down the road, he must have been sliding too!
Straight after I was in shock & mainly thinking about my daughter but my partner took control of the situation, I think he was in shock too cos straight away he said that it was HIS fault cos we were having a row & he was distracting me, also we were on our way to a function with his family, I think he saw how upset I was & tried to take the blame!
I didn't even know he had said this but while it was true we were having a row, I was driving & not distracted, the people who stopped to see if we were ok said there was black ice on the road, I didn't see that but there was a lot of flooding & something caused the spin!
Anyway no one was hurt at all, we all drove away after exchanging details... I would be happy to settle it between ourselves, even though everyone had said it was his fault because he crashed into us I am not interested in making a claim on his insurance etc I fix my car, he fixes his... However he rang me shortly after & asked was I admitting liability... I said no & then I spoke to him again today & he seems adamant that the fault is mine & I should pay for his damage.
He also went to the Gardai to report it...
I have never been in a crash before & I'm still in a bit of shock over it, keep having flashbacks, but everyone says that it is his fault for not having enough stopping space but he doesn't seem to agree...
Can anyone help me plse?!
Thank you!!

Atlantic Dawn

Normally car behind is at fault for such crashes but were you on the left side of the road or right when it happened?

Plasticlamp

Atlantic Dawn wrote: »

Normally car behind is at fault for such crashes but were you on the left side of the road or right when it happened?

I was on the left though the front of the car might have been over the line a bit... I can't say for sure 100%

savagethegoat

you'll have to leave the Insurance Co sort it out. It could be that be that you skidded and formed an obstruction that the other car hit, so it isn't clear cut who is to blame.

Don't go saying "I hit the brakes & tried to control it" because that isn't how you control a skid and could be used as evidence of you been partly or wholly to blame. don't be saying the bit about the row either!

CramCycle

Plasticlamp wrote: »

He also went to the Gardai to report it...

To be fair, you should have reported it at the time. Make sure you go down to the station and give a full report on your version of events while clear in your head.

but everyone says that it is his fault for not having enough stopping space but he doesn't seem to agree...
Can anyone help me plse?!
Thank you!!

On the surface of it, he should have given you alot more space due to road conditions, so it would provisionally err on your side but my opinion is that if he is not willing to take the blame and you believe you are not at fault, then hand it over to your insurer.

Savagethegoat is 100% on the brakes bit, not sure it would count against you as it's not something that is taught to most drivers, I know it from being trained and being told but I am pretty sure a majority of drivers would have done what you done having never had it said to them before.

jimmycrackcorm

That you spun around twice will also go against you because it suggests , correctly or not, an excess speed for the road conditions. Its an insurance job but I can't still see how it can go other than 50/50

dar83

Definitely your partners fault. His first mistake was admitting liability. Take him to the cleaners!!!




:P