Accident - who is responsible!

[Jackson74]

A friend was driving his car in daylight on a road and was coming to a part of the road with parked traffic each side. He flashed a car which was coming from the opposite direction, pulled in slightly and let it pass. Meanwhile a car was coming up behind his own car, just as the car passed from the opposite direction . This car then pulled out to pass my friends car, (perhaps thinking he was parked up but about 3ft from side of road), my friend pulled out as this other car (which didn't have to stop at all)came up behind and hit the back of his car.

My friend says the other was overtaking illegally and driving too fast, the other claims the my friend should have indicated when pulling out, and pulled out in front of a moving car (even though my friend was only waiting for this other car to pass and was not parked)

I hope I have explained this correctly, as I'm not writing anymore!!!

Whose fault is it??!!

[Rocketman]

Quite obviously it is the other car (not your friends) car which is at fault. Your friend should be most adamant that other car was NOT driving with due care. Any car driver should be taking care in such circumstance and realise that the car in front has stopped to let the oncoming vehicle through - surely they could see that there was only room for one car at a time. It is not your friend`s liability for the other driver`s carelessness and impatience.

[lady_p_gold]

Well this is a tricky one and if you do not have witnesses and did not call the police then even more tricky. I have always understood that if you go into the back of someone it is your fault, regardless of the circumstances, because you should be alert and travelling at a speed in which you could stop before hitting someone even if they pulled out in front of you, and whether people are indicating or not (in fact even if they are indicating to turn left or right you should not assume that they are doing it correctly) So I would say if the collision damage shows that he went in the back then your it is not your friend's fault.

[Gef]

I think that the insurance companies will find your friend at fault as he pulled out without indicating. It is not the job of the driver behind to read your friend's mind.

[Coobeastie]

I'd say that both drivers are at fault. Is your friend sure that he was nearly a metre out from the kerb, could the other driver presumed he was parked. As a driver you friend in the least instance should have checked his mirrors before pulling out. The other driver really should have been reading the road more but would be difficult to argue that he was travelling too fast when obviously your friend didn't even see him coming.

The average stopping distance for a car travelling at 30 is 75ft or 5 car lengths so if a car pulls out within that distance an impact is almost certain to occur.

[Jackson74]

There were no witnesses, my friend had pulled out fully and was hit square on the back, so I believe the car behind should have had time to brake unless he was going too fast and/or not paying attention.

Oh I give up!!! I'll let you all know what happens.

[Andy Boz]

Did the car that had passed through the gap not stop, they would be the ideal witness. If I were asked to judge off the given info, I would say 6 of one, half a dozen of the other, but I understood that a rear end collision is the fault of the one behind.

Keep us informed

[blueoval]

sorry to tell you this...but as law states...your friend is at fault! if you are waiting to overtake a stationary object you must indicate to warn other road users. flashing his lights does NOT mean he is letting the other person go...they are for the sole purpose of warning another road user of a hazard! the person behind is not to know that he wasn't broke down or dangerously parked...regardless of the speed he was travelling!! unfortuantely!