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Interesting as both were clearly negligent... what if either car was a cyclist? Neither were aware of their surroundings enough considering the manoeuvre being pulled.
That said, the grey car was not in the path of the red, and had it been the red car may have stopped. However the impact was clearly the grey car contacting the red, something that if they were watching their rear which was still moving (so they should have been), they would have seen before impact.
Will be interesting to see if the insurer argues it, I think there is a case for it but likely too much work for either to want to do anything more than 50:50. |
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