Because it's virtually impossible to prove that you didn't do something. It could even carry over to home insurance, when claiming for accidental damage you have to prove you didn't break it deliberately.bonj said:Why dont' insurance companies do this anyway - because surely if a driver had to prove he wasn't at fault, then there'd be less payouts?
My opinion too.KitsuneAndy said:Because it's virtually impossible to prove that you didn't do something. It could even carry over to home insurance, when claiming for accidental damage you have to prove you didn't break it deliberately.
Prove you weren't speeding, prove you didn't see the cyclist/pedestrian pull out...
I won't sign the petition in it's current form because I don't agree with that stance at all, you're supposed to be innocent until proven guilty, not the other way around. The majority of accidents might well be the drivers fault, but saying that it is definitely their fault, unless they can prove it wasn't is going too far, in my opinion.
gambatte said:I thought currently in a rear end shunt, there was a liability supposition of blame?
I know in the case of my brother a few years ago, he stopped to help a hit cyclist. Because of the low sun, he got rear ended as did about 5 cars behind him. About 3 cars back the guy reckoned he'd stopped in time and got his hand brake on. His insurance paid out.
That is true, but it's also fair. You are supposed to be a 'safe stopping distance' behind the car infront. This is so that if the driver in front needs to do an emergency stop, you will also be able to stop in time.gambatte said:I'm saying there is already a precedent used by insurance companies, involving cars.
If one car runs into the back of another, in the absence of any other evidence, the rear car is judged to be 'at fault'.
Thats what is being asked for here, but thro legislation. In the case of a car/bike incident, in the absence of other evidence, the car is judged to be at fault.
Apologies if my English wasn't particularly good (up at 05:30, 2 young kids and it was 23:00. Shouldn't really have been typing, but catching some 'Z's)
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