In article <d167e6$psl$1@gemini.csx.cam.ac.uk>,
Richard P. Grant <rpg.TakeThisOut@mrc-lmb.cam.ac.uk> wrote:
* dano wrote:
* >
* > Since he missed you on the first pass, but you hit him on the subsequent
* > pass - whose fault is it? Or more precisely, whose insurance has to pay
* > up?
*
* Currently it's looking shared, but we have the police on our side and are
* maintaining we wouldn't have hit him had he not pulled into us. He
* caused the accident, basically.
It would seem to me that his insurance company is being incredibly dick-like
in not just giving up already--the only reason you hit him was because
1) you had been hit by him, which caused you to lose control of your vehicle
and thus
2) since you were no longer in control of your car (and, more importantly,
it was not reasonably forseeable* that you would lose control of your car)
then he was the cause of the accident.
p
*of course, this is based on an understanding of American tort law; English
tort law is probably somewhat different...
--
paulf | Some days you're the bug;
@ | Some days you're the windshield.
panix | ------------------------------
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