Who is liable?

#1 2019-06-04 08:10:47
Colette

New member

Who is liable?

Was sadly involved in an incident a couple of days ago in which the third party jumped from the left lane on dual carriageway into our lane. The dual carriageway is NSL so we were doing around 65 MPH and she jumped right in front of us just a couple of car lengths driving significantly slower probably around 40 - 45 MPH. My other half was driving my car as he is named driver and he tried to emergency stop but the brakes failed and clutch broke (not actually sure what happened there but clutch literally flicked itself back and up into the footwell - think maybe one of the fluid pipes burst or something  - the repair shop haven't advised yet.) Anyway, we weren't using a dash cam and I cannot find any cameras on that road so cannot prove she jumped into our lane right in front of us. Will liability go against us as we hit the back of her?

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