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Accident Claim, decision of fault and negligence

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onisegawa

Junior Member
What is the name of your state? United Kingdom, Manchester

this is what happened

accident at NCP car park in Manchester on 12th April 2007 at approximately 3:00 – 4:00pm.

Our vehicle: Driver and three passengers.
Other vehicle: Driver and one passenger.
The incident is as follows:
Both vehicles were stationary. The barrier was up for the vehicle in front to go; the brake light went off so in effect we assumed the car in front would go. I slowly lifted up the brake so it would roll down slowly as it was downhill (clutch was down and the gas pedal wasn’t used at anytime during the incident.) We were going no more than 2 mph and I realised that the vehicle in front did not moved so I tried to brake as quickly as possible but unfortunately my foot slipped and my car collided slowly into the vehicle in front.

Both drivers and a passenger from each car got out to examine the damage and there were no scratches or dints on any of the bumpers (there are photographic evidence of the front of our car).

Hence forth, no damages were done to both vehicles, I cannot imagine any damage done to any drivers or passengers in both vehicles.

A passenger from my vehicle has had major back surgery (Scoliosis) which means her spine is curved and is sensitive to strong movement due to the metal rods inside her. I believe my passenger is more vulnerable than any normal being because of scoliosis.
As both vehicles were stationary with a limited amount of space between both cars, I was not able to speed up at such a speed to hurt anyone. (This is at the end of the car park with barriers)

Both driver and passenger from the car in front got out of the car, examined the vehicles. I had my pass plates on the front of the car.


So what are your opinion on this? who is at fault and who has highest pecentage of negligence? Please give me advice on this and is it possible to state some cases similar to mine.

Thank You :)
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? United Kingdom, Manchester

this is what happened

accident at NCP car park in Manchester on 12th April 2007 at approximately 3:00 – 4:00pm.

Our vehicle: Driver and three passengers.
Other vehicle: Driver and one passenger.
The incident is as follows:
Both vehicles were stationary. The barrier was up for the vehicle in front to go; the brake light went off so in effect we assumed the car in front would go. I slowly lifted up the brake so it would roll down slowly as it was downhill (clutch was down and the gas pedal wasn’t used at anytime during the incident.) We were going no more than 2 mph and I realised that the vehicle in front did not moved so I tried to brake as quickly as possible but unfortunately my foot slipped and my car collided slowly into the vehicle in front.

Both drivers and a passenger from each car got out to examine the damage and there were no scratches or dints on any of the bumpers (there are photographic evidence of the front of our car).

Hence forth, no damages were done to both vehicles, I cannot imagine any damage done to any drivers or passengers in both vehicles.

A passenger from my vehicle has had major back surgery (Scoliosis) which means her spine is curved and is sensitive to strong movement due to the metal rods inside her. I believe my passenger is more vulnerable than any normal being because of scoliosis.
As both vehicles were stationary with a limited amount of space between both cars, I was not able to speed up at such a speed to hurt anyone. (This is at the end of the car park with barriers)

Both driver and passenger from the car in front got out of the car, examined the vehicles. I had my pass plates on the front of the car.


So what are your opinion on this? who is at fault and who has highest pecentage of negligence? Please give me advice on this and is it possible to state some cases similar to mine.

Thank You :)

Let's skip the "opinion": Per your post, YOU (the driver of the vehicle you were in) was 100% at fault.
 

onisegawa

Junior Member
you guys might think I am stupid or something but she let go of her brakes, we assumed she was going to go =/ but she didn't so i was thinking hmmm...and the passenger in her car is claiming for neck injury...i mean come on!! even the girl in my car who has scoliosis is ok! there is no much distant for me to pick up speed anyway...how can he get neck injury?? ¬¬ oh he's an old man btw
 

moburkes

Senior Member
It doesn't matter what we think over here in the US. Go ask the people in Manchester what THEY think.
US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE
 

ecmst12

Senior Member
At least here in the US, you don't get to ASSume anything just because someone takes their foot off the brake.

I've been rear ended twice at slow speeds and required chiropractor treatment for about 3 months each time. I'm a very petite person and I've had prior neck injuries that make me very susceptible to whiplash. I would think that the metal rods in your passenger's spine would make her LESS susceptible. Movement might cause pain, but the rods should prevent her neck from whipping back and forth so violently to cause soft tissue damage.
 

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