Quote:
Originally Posted by Lynxis
Oh I may not have been clear, if you hit someone from behind, you will definitely be at fault but split liability may also occur in a brake checking scenario. What the cop will call it depends mostly on how hes feeling that day but reckless driving citations have been given for these scenarios.
I just asked a coworker of mine about when he rear ended someone who brake checked him last winter over black ice. The lead car had winter tires and his had all seasons so his stopping distance was longer and he slammed into them. He was given 70% liability and the car in front got 30%.
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Liability is entirely dependent on insurance using the Fault Determination Rules and the situation at hand. Again it depends entirely on the situation, but if you send the video of them blatantly brake checking you to your insurance company (yes, you can do this) they will contact the other person's insurance to let them know that they are 100 percent at fault and that you aren't liable. Then again, this is only for purposes of your abstract since we have
no-fault insurance in Ontario.