Is it always the person who rear ends another car who's liable!

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Loveslots1990
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Some people tell me it is others tell me it isn't.
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Sinnoh
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If the person in front suddenly slams on their brakes on a motorway then no, but that is why you should get a dashcam.
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IWMTom
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(Original post by Loveslots1990)
Some people tell me it is others tell me it isn't.
Not always, but usually.
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Karisa96
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99.9% of the time yes.
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RaA64
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(Original post by Karisa96)
99.9% of the time yes.
What about when the driver in front suddenly slams on the brakes and slows down, that happens very regularly
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Reality Check
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(Original post by Loveslots1990)
Some people tell me it is others tell me it isn't.
Usually, but not always. For instance, if a driver in a car which was following you became impatient or aggressive and overtook you, but had to cut in suddenly because of oncoming traffic causing you to shunt him, this would probably be his fault for the reckless overtaking, not your fault for automatically 'rear ending' him - this, of course, being dependent on speed, you having left a sufficient gap, you having taken all precautions etc etc. It's just to illustrate that you going into the back of someone doesn't always mean you're 'at fault' from an insurance point of view.
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Karisa96
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(Original post by RaA64)
What about when the driver in front suddenly slams on the brakes and slows down, that happens very regularly
Still your fault, would be deemed you are driving to close, unless you can prove to the contrary.
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RaA64
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(Original post by Karisa96)
Still your fault, would be deemed you are driving to close, unless you can prove to the contrary.
Are you serious? Say on a motorway the driver in front of you swerves in different directions and is slowing down the driver behind will have to slam on the brakes, this means that the driver behind this driver will also have to slow down and so on, all because of the driver at the front
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Loveslots1990
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(Original post by RaA64)
Are you serious? Say on a motorway the driver in front of you swerves in different directions and is slowing down the driver behind will have to slam on the brakes, this means that the driver behind this driver will also have to slow down and so on, all because of the driver at the front
I was always told to leave a massive gap on a motorway so that if needed you can slow or stop at any time. Always leave enough room to stop that is what I was taught!
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StriderHort
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(Original post by Loveslots1990)
I was always told to leave a massive gap on a motorway so that if needed you can slow or stop at any time. Always leave enough room to stop that is what I was taught!
It's a nice ideal, but a little unrealistic for motorway conditions where keeping 100meters odd between you an every other car is going to be a huge luxury and not something you can count on.

TBH I don't feel the whole 'driver from rear = wrong' thing is the sort of idea you're supposed to try and find obscure fault with as it's only ever a presumption, the same with Cars V Cyclists,
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Loveslots1990
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(Original post by StriderHort)
It's a nice ideal, but a little unrealistic for motorway conditions where keeping 100meters odd between you an every other car is going to be a huge luxury and not something you can count on.

TBH I don't feel the whole 'driver from rear = wrong' thing is the sort of idea you're supposed to try and find obscure fault with as it's only ever a presumption, the same with Cars V Cyclists,
That's a bit extreme what happens if some one has to stop to avoid an accident if the driver behind can't stop it has to be their fault. Obviously if someone stops for no reason just to get some cash yes it's bang out of order. A van broke in front of me once on the A50 I didn't rear end them although must admit was scary and to this day don't know why they did it! I got rear ended on boxing day stopped for a car turning right in front of me the car behind me stopped the car behind him didn't she admitted liability and her insurers paid out for both cars.
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StriderHort
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(Original post by Loveslots1990)
That's a bit extreme what happens if some one has to stop to avoid an accident if the driver behind can't stop it has to be their fault. Obviously if someone stops for no reason just to get some cash yes it's bang out of order. A van broke in front of me once on the A50 I didn't rear end them although must admit was scary and to this day don't know why they did it! I got rear ended on boxing day stopped for a car turning right in front of me the car behind me stopped the car behind him didn't she admitted liability and her insurers paid out for both cars.
Well that's just it, it always depends on the situation, it all comes down to why and how the person stopped, where they were and what speeds everyone was doing.
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TheDE
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The truth is that it is nearly always the fault of both parties. The Highway Code tells us to leave a larger gap ahead of us in front of us if someone is driving close behind, to allow us to brake slower and not get rear ended. We are then also told to obey the 2 second rule which, despite what ‘strider hort’ says is easy as you just slow a bit to create the gap then match their speed. If both drivers obey then there should be enough of a gap behind to stop if someone emergency brakes or enough gap ahead to brake slowly to avoid being rear ended.

In certain situations we should use our mirrors to tell us if it’s safe to brake heavily such as if we see a turning late, safest just to miss it, turn around ASAP and come back if someone is up our ass. In that case the car ahead would be at fault. in cases of distracted drivers rear ending people when not concentrating or looking ahead it would be rear drivers fault.

TheDE
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Loveslots1990
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(Original post by TheDE)
The truth is that it is nearly always the fault of both parties. The Highway Code tells us to leave a larger gap ahead of us in front of us if someone is driving close behind, to allow us to brake slower and not get rear ended. We are then also told to obey the 2 second rule which, despite what ‘strider hort’ says is easy as you just slow a bit to create the gap then match their speed. If both drivers obey then there should be enough of a gap behind to stop if someone emergency brakes or enough gap ahead to brake slowly to avoid being rear ended.

In certain situations we should use our mirrors to tell us if it’s safe to brake heavily such as if we see a turning late, safest just to miss it, turn around ASAP and come back if someone is up our ass. In that case the car ahead would be at fault. in cases of distracted drivers rear ending people when not concentrating or looking ahead it would be rear drivers fault.

TheDE
I see what your saying to be honest though if I rear ended someone it would have to be very obvious for me to blame the car in front haha its me that's driven into them! Once some stalled and the car behind ran into them and tried to blame the driver in front for stalling that has to be the cars behind fault both cars had stopped at lights the car behind started moving the front car didnt crunch
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StriderHort
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(Original post by TheDE)
The truth is that it is nearly always the fault of both parties. The Highway Code tells us to leave a larger gap ahead of us in front of us if someone is driving close behind, to allow us to brake slower and not get rear ended. We are then also told to obey the 2 second rule which, despite what ‘strider hort’ says is easy as you just slow a bit to create the gap then match their speed. If both drivers obey then there should be enough of a gap behind to stop if someone emergency brakes or enough gap ahead to brake slowly to avoid being rear ended.
TheDE
I've no prob with the 2nd rule, esp as an ideal to aim for, just saying busy roads and motorways might not always make that practical. (But if anything this should make you more alert)
Last edited by StriderHort; 1 week ago
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TheDE
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Yeah, people will foolishly move into any gap you make but it makes for interesting driving at least and motorways can be boring. Any car that drives into an already stationary vehicle such as described is probably always at fault. At court they'd basically just say 'you were wrong' 😂
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