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Thread: Brothers car accident - legal battle, worth a try?

  
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    Brothers car accident - legal battle, worth a try?

    Right, question as to what people on here think.

    My brother planted the front end of his year old Civic into the rear of a 4x4 at the weekend on a roundabout. Obvious that at first it is going to be his fault as he hit the other car.

    But... this is where there could potentially be a twist into his favour.

    Just a bit of background information. They were stopped at a roundabout, 4x4 goes to pull away, but stops pretty soon after pulling away. My brother had obviously thought he had gone so went himself, meaning the result was he went into the back of him.

    But, the 4x4 according to my brother and his G.F had no brake lights, meaning he wasn't able to see if the 4x4 was slowing!

    Now, I rekon its worth fighting a legal battle through the insurance over this. In my opinion, I rekon he stands a good chance if there is a way of proving the 4x4 had no brake lights.

    What do you all think? After all, he has legal cover, so won't cost him a penny, hasn't got anything to lose over it, so its worth a try, but what I want to know is if he would stand a reasonable case to battle with?
    Astra sold ... replaced with a Skoda ... soon to be replaced with another Vauxhall

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    Quote Originally Posted by mgodden1989 View Post
    Right, question as to what people on here think.

    My brother planted the front end of his year old Civic into the rear of a 4x4 at the weekend on a roundabout. Obvious that at first it is going to be his fault as he hit the other car.

    But... this is where there could potentially be a twist into his favour.

    Just a bit of background information. They were stopped at a roundabout, 4x4 goes to pull away, but stops pretty soon after pulling away. My brother had obviously thought he had gone so went himself, meaning the result was he went into the back of him.

    But, the 4x4 according to my brother and his G.F had no brake lights, meaning he wasn't able to see if the 4x4 was slowing!

    Now, I rekon its worth fighting a legal battle through the insurance over this. In my opinion, I rekon he stands a good chance if there is a way of proving the 4x4 had no brake lights.

    What do you all think? After all, he has legal cover, so won't cost him a penny, hasn't got anything to lose over it, so its worth a try, but what I want to know is if he would stand a reasonable case to battle with?
    Anythings worth a try...

    Were the police called to scene?
    Did they check lights for operation?

    But you have to remember that it might be viewed that your Bro wasn't paying enough care and attention whilst driving - it might be considered that he was paying attention to the other road users already on the roundabout.

    When brake lights don't work it is feasible to say the other party are driving illegally as they have no way of informing the rear vehicles they are stopping - at speed...
    As this 4X4 was only just pulling from standstill then it could be argued against your Bro as mentioned earlier.

    But hey it's all swings and roundabouts - pardoning the pun.

    If only going through the insurances then it might prove fruitless as they will go through everything and perhaps blame it on your Bro...
    If he does want to argue the case - in the courts - then if he decides to represent himself (which you can do) then he must argue on point of law and not point of fact.

    HTH
    If she's not sticking her fingernails into the roof lining and digging her stilettos into the dash then you ain't going fast enough!!!

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    Thanks for that, will go over this with him and see what he thinks.

    No, as far as I am aware, the police were not called.
    Astra sold ... replaced with a Skoda ... soon to be replaced with another Vauxhall

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    A great big 4x4 ... and he does'nt know it's stopped.....because of no brakelights....in court

    Good luck with that chap ... lmao !

    Best to just take it on the chin, there's almost no defence for not making sure the road in front of you is clear before moving off....

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    I had something similar a few years ago but perhaps because the driver was never found (yeah right, they wanted him for something else, we all knew exactly where he lived...) nothing could be done - guy in front pulled over to the side of the road and stopped. As I moved round him to go past he did a u-turn and I went straight in the side of him. No indicator was used and we had plenty of witnesses to this effect from a nearby bus stop.

    All you can do is make your case and see what happens - unless you have other non-involved witnesses then it may well be hard to prove as many people could easily claim the same situation. I think the courts may still say that you should have had enough space between you and the car in front to stop even without brake lights being on.

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    Just to ask...
    Was it a Type R Civic?
    If she's not sticking her fingernails into the roof lining and digging her stilettos into the dash then you ain't going fast enough!!!

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    Someone went up the back of me a few months back, the guy in front started to pull away and then stopped on the roundabout because he was in the wrong lane, I stopped behind him, a couple of seconds later ....... BANG, someone hits me up the rear. Insurance automatically in my favour as the Highway Code states ... you should leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops. ..

    Item 126 ... http://www.direct.gov.uk/en/TravelAn...code/DG_070304


    You can try and fight it, but you must be able to prove that his stop lights didn't work at the time. The Legal people might not want to persue it if they don't think they can win, so you must also think about the costs involved going to court if you lose. It's worth stating on the claim form that he didn't think the 4x4 had brake lights, and see how you get on.

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    Thanks for all the info above, will pass the thread onto him so he can keep an eye on it himself.

    Quote Originally Posted by DJ Sheridan View Post
    Just to ask...
    Was it a Type R Civic?
    Nope, just a normal Civic
    Astra sold ... replaced with a Skoda ... soon to be replaced with another Vauxhall

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    no chance.
    Astra VXR - Arden Blue, Diamond cut 19's, Cruise Control, Debaged, Folding Mirrors, CD70 NAVI and CID + Aux-In, Factory Bluetooth, Piano Black Interior Trim, Full Milltek Unresonated Exhaust

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    Like Andy said...

    You should leave enough space/room between you and the other person in front of you....
    If she's not sticking her fingernails into the roof lining and digging her stilettos into the dash then you ain't going fast enough!!!

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