Who Would Win Insurance - if a BMW 3 Series Rear Ends a 1997 Honda CRV?

jsrz18 on 21/11/2020 - 17:31
Last edited 21/11/2020 - 18:02 by 1 other user

Since my other thread got deleted for being illegal, I thought I'd ask something that wasn't illegal.

Say you're driving on a stretch of road where there is only one lane for each direction. And you're driving a few kms over the speed limit but someone is tailgating you, literally right on your back. Since you're driving an SUV (a 1997 Honda CRV) and the other person is in a small sedan (last gen BMW 3 series) they can't really see past you at all since they're tailgating and probably only got vision of your taillights.

Up ahead you can see that the traffic has stopped. So you continue driving and when you get close to the car in front that has stopped (but still a reasonable distance away), you brake hard and the tailgater rear-ends you. Who would be liable? *This was an actual experience years back but just wanted to hear people's thoughts.

POLL: Who would win insurance - BMW or HONDA

Poll Options

  • 13
    BMW
  • 74
    HONDA
Automotive

Comments

  • Godric on 21/11/2020 - 17:36
    +4

    OP Suss

  • notdealbot on 21/11/2020 - 17:38
    +4

    Asking for a friend…

  • Baysew on 21/11/2020 - 17:40
    +2

    What colour is the Honda and the BMW?

    • jsrz18 on 21/11/2020 - 17:41
      -2

      honda was silver, bmw was black. Based on a real experience years back so I know the answer but just wanted to hear people's thoughts anyways

      • Baysew on 21/11/2020 - 17:43

        Create a poll.

  • pantsparty on 21/11/2020 - 17:41
    +5

    The other car is liable for not leaving a safe gap.

    • techno2000 on 21/11/2020 - 18:36
      +1

      This!

      My wife rear ended a car which braked hard and stopped right in the middle of the intersection.Not the others cars mistake as well as an %%#$%^%@! flew through at full speed through a red light.

      But yeah in almost all cases the car which is at the back will get blamed rightly or wrongly.

  • hmac on 21/11/2020 - 17:56
    +1

    Honda, you are required to leave a 3 second gap to allow enough time to react and brake to a complete stop

    • MrHyde on 21/11/2020 - 18:14
      +2

      I thought the BMW was the car at the back; so wouldnt it be the BMW that is liable for not leaving enough gap to react?

      • hmac on 21/11/2020 - 18:37
        +2

        Question asks who would win insurance claim. Honda

        • MrHyde on 21/11/2020 - 18:50
          +2

          I should have read it more carefully. Most questions are who is at fault :)

  • djkelly69 on 21/11/2020 - 18:23

    Can we just cut the crap, and you tell us what the BMW driver's argument was and whether he/she won?

    • jsrz18 on 21/11/2020 - 18:26
      -7

      lol I won and got the small payout for the crv. Other driver thought I braked to suddenly but yeah - I remember looking at the rear mirror when I was braking and seeing them quickly trying to brake haha.

  • Cheeper on 21/11/2020 - 18:25
    +3

    If you have a moron tailgating you….
    … Leave more room in front of you…
    … and focus fully on the traffic in front.

    If the moron hits you, you will be in the right most of the time for insurance purposes but your car will be damaged and will never be the same

  • SF3 on 21/11/2020 - 18:26

    No insurance (again)?

  • djones145 on 21/11/2020 - 18:32
    +2

    smells like insurance fraud, staged accident

    reporting you to insurance fraud unit for investigation

    it's jail time for u br0

  • SF3 on 21/11/2020 - 18:48
    +1

    Sounds like entrapment from the OP’s comments, bmw was dumb to tailgate…

    • whooah1979 on 21/11/2020 - 20:51
      +1

      entrapment

      That is a Hollywood thing. Australia doesn't have a entrapment law.

  • Ughhh on 21/11/2020 - 18:54
    +2

    Ops next thought provoking post

    If car A runs over a couple of people, but Car A is a 2019 black Lambo with a cool spoiler and some stickers, and the people who were run over were hideous, who is at fault?

  • whooah1979 on 21/11/2020 - 20:50

    The vehicle that hits the vehicle in front is always at fault.

    Just get the other driver's particulars and let your insurer know that they rear-end you. Pay the premium and let them chase the other driver.

  • pegaxs on 21/11/2020 - 22:22

    Lol @ your other thread… nice try. (Say you're driving a really old, crappy car and…)

    Honda wins. BMW should have left enough room. Legislation says BMW needs to leave enough room. Common sense says BMW needs to leave enough room. Law of thermodynamics says BMW needs to leave enough room…

  • theHMASfriendship on 21/11/2020 - 22:28
    +1

    What was the wind direction?

  • Butt Scratcher on 21/11/2020 - 22:36
    +1

    Looking for ways to get a payout for your car hey?

    At least make it less obvious….

  • Euphemistic on 21/11/2020 - 22:44

    Nobody wins insurance.

    • holdenmg on 22/11/2020 - 09:22

      Except Lloyd's of London. lol

  • Myone888 on 22/11/2020 - 07:59

    tailgating is a serious problem., especially tradies only 1 feet behind rear bumper. They will not be able to stop especially at lights when one brake hard for red light. They do that all the time and very very intimidating

    • Quiz on 22/11/2020 - 09:19

      Why do people tailgate? Is it to gain some fuel efficiency benefit by sitting in the slipstream of the car in front?

      • Euphemistic on 22/11/2020 - 17:19

        No it’s because ‘EvErY0nE iS HolDInG mE Up!!’

  • Waltervp on 22/11/2020 - 09:34

    That should stop people tailgating. I am always tempted to do that. In fact i sometimes do it carefully to give them a fright as not all drivers are aware they are doing it!!! So i gently 'hit' the brake to warn them. If they are normal drivers they back off, if they are an angry fxck3r5 they will get closer and so i do it again more harshly. Only do this if you are doing the speed limit yourself, and are prepared for road rage and drive a car you don't care about! Normally what happens they back off, and occasionally they overtake you giving you the finger. I always give a friendly (though false) courtesy wave to all, to show I'm not angry or aggressive (which calms ME down as well).

    The above can be considered road rage as well, so don't over do it!! I do the same with people who cut in front of me without looking, i make sure i only brake at the last moment to see their scared face in the mirror and see them make a mental note to pay attention next time! Make sure you don't tailgate them after doing this, giving them ample space so they understand you think they are unsafe drivers.

    Never do any of the above when you have passengers as they will not understand nor think you are in control and they will sh1t their pants.

    • Ughhh on 22/11/2020 - 10:25
      +2

      A safe way to do this is by turning your headlights on and off very quickly, though would only work during day time. Or, what I do is I start indicating to turn left/right and take my foot off the accelerator, then accelerate as if its the wrong road. They'll usually change lanes. Confuses and makes them pissed off at the situation rather than at you, as it's not as obvious.

  • OzHunterNSW on 22/11/2020 - 12:10
    +1

    What do you mean… it has nothing to do with badge.

  • holdenmg on 22/11/2020 - 19:29

    So a BMW 3 Series (G20) is supposed to be equipped with collision warning with braking intervention.

    Was this disabled?

    If so, it could affect the Insurance on the BMW.

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