Expert: Claims Guy - 1/16/2011

Question
I was involved in a rear end collision recently, and am interested in your opinion of liability. I was traveling around a busy coastal road, one lane on each side with no divider and on a blind corner with no pass lines. An oncoming vehicle pulled onto our lane to overtake a group of cyclists, disregarding the no pass lines and the car in front of me slammed on their brakes to avoid a head on collision. Unfortunately when I braked my car skidded and rear ended this car, causing very minor damage to car in front but moderate damage to my vehicle. The oncoming vehicle pulled back into their lane and drove on. A car who was trailing the oncoming vehicle and saw it unfold stopped and said she was willing to be a witness and say that the oncoming vehicle was driving dangerously by pulling into the wrong lane on a blind corner. While we were exchanging details the oncoming car returned, and even though there was no collision with his car he acknowledged that he was driving dangerously and was the cause of our accident. I am worried because I understand that in almost all cases the person in my position is liable - deemed following at an unsafe distance. While this may be the case, does any liability fall on the oncoming vehicle who clearly caused the incident and acknowledged this fact? I am curious for insurance purposes and also because I am interested in the law and how it can be interpreted. Thank you in advance for your time if you are willing to respond. Cam.

Answer
I am not familiar with New Zealand law.  In the USA, I would assess liability mostly on the oncoming driver, but some percentage to you for failing to keep a safe distance.  The car in front of you and the car in back of you both were able to avoid hitting anything.  Probably about 70% on the other vehicle and 30% on you.  This is a subjective interpretation and differet people could come to different conclusions.  The laws of the jurisdiction will dictate whether or not you owe or can collect anything with split liability.