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If i roll back on someone at a stop light (on an incline) is that my fault or their fault?
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If i roll back on someone at a stop light (on an incline) is that my fault or their fault?

i was stopped at a stop light on an incline and some idiot pulled like a foot off my back bumper. so i pull up a foot or two, and what do they do? they pull up even closer! so i pull up one more time (they have to be able to see that im driving a manual transmission) and they get even CLOSER! now if i had rolled back on them, whose fault would that have been?
Additional Details
-i need a new clutch-


    




kablooie
Rating
I believe it would be your fault as you "backed" into them. I have never came accross a claim such as this, but usually when someone rearend you, they'are 99.9% always at fault, but when you're backing, you have the duty to ensure you are backing safely. Although you were'nt technically backing, you're vehicle did roll back into someone, even if they were close to you.


Jezebel
Obviously the person who was behind you is an idiot for not anticipating you rolling back since you were driving manual. If the idiot makes a claim thru your insurance, you can always tell them your version of the story so as not to assign 100% fault to you.


michr
Rating
police report?
contact insurance?
it very well could be considered following to closely
not necessarily your fault


Todd C
Rating
Legal liability miht change depending on the state but for a simple, who is at fault. I'd say about 90% yours and 10% theirs. They have a duty to maintain a safe distance. They clearly did not do this. But proving it would be another matter. If this were an actual claim, your insurance company might consider you 100% at fault but this would simply be an easy way to close the claim.

I mention states as if a contrubitory state it means if your 1% at fault you cannot collect from the other party.

I've handled a few claims like this and I've also had people on my butt when stopped. Bottom line, learn how to engauge the emergence brake and release it while your starting forward.


Maricel S
Unfortunately it would be your fault since you're the one who backed into them.


frank
your it


Fred C
Rating
You could argue they were at least partially at fault, but, if your clutch is worn, that goes straight out the window. Drive with faulty equipment, any accident that would have been avoided had the equipment not been faulty is your fault. Sorry.
You do realize the emergency brake can be used to virtually eliminate roll-back I presume?


david c
Its your fault.


gomanyes562
Rating
Whoever was moving at the moment the collision occurred is at fault. Whoever was stationary is not at fault.

Of course, proving this will be difficult.


keith d
Rating
It's your fault. BTW how would it be the other persons fault? For not moving out of the way?


UCANTCME
IT WOULD BE BY LAW YOUR FAULT BECAUSE YOU DID NOT HAVE CONTROL OF YOUR VEHICLE.


dodge man
Rating
your fault always,your suppose to know how to hold a car on a hill,it will always be considered your fault in a case like this,good luck.


♥ Uwish ♥
Rating
Why on earth would it be the other persons fault? You rolled backwards into their stopped vehicle? And unless you had a neon sign above your car that said "Manual transmission" how were they supposed to know your car MIGHT roll back?
What a moron.


mictamcody2000
Rating
Your fault


Just Wondering
What the hell do ya think.

"following too closely" - It's not their fault you don't know how to drive.


bob
why on earth doesn't anyone understand you have to be a car length behind the car in front of you? If it is a manual car there will always be a tiny bit of roll back. I'd say their fault depending on how far you let the damn car roll.


manual car driver
Those of you commenting that this guy doesn't know how to drive - you obviously don't drive manual. Bob is right - there can always be a tiny bit of roll back. Additionally, I can control my car on an incline without an e-brake, and I have seen numerous cars approach me from behind and when they seem like they're going to stop a bit close, I let myself roll back a bit to warn them that I'm in a manual car. Half of the time, I see the idiot behind me looking down at something or not paying attention to what is in front of them. They should be held liable for their ignorance, and they should be the ones going back to driving school.





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