IMO and most insurance companies view it as you should always be travelling at a speed you can stop, you did and so should of the car behind.

As they always say emagine if it was a child.

 

Exactly - I really dont think there is an issue as to whos fault it is - it was pretty obvious also that the police officer was on my side

http://uk.answers.yahoo.com/question/index...1AA3xGEQ&show=7

I think this says it all!

 

I would place my bets that you will get 100% pay out without any hassle. Usually quite a quick payout as it is clean cut non-fault

The key now is to get a courtesy car, they will be more kean to pay you quicker and get you out of the car.

 

Ahh yes, the well known legal resource of Yahoo answers

I am just playing devils advocate here and I agree that you are almost certain to get no resistance from her... BUT...

If it was me that hit you which it wouldn't be I would seek legal advice and might try to argue that there was no need for an emergency manouver.

It sounds like the birds flew up out of your way and then down?

If you see one or several birds flying at your car is it always ok to do an emergency stop?

How big does the bird have to be to pose a threat to you that you deem an emergency manouver necessary?

Would you do it for a robbin or is starling size more like it?

Does the bird have to be flying straight at you or if it is crossing your path and you think it may hit your lovely car is an emmergency stop still necessary?

As I say, I am sure you will have no problems... I hope it gets sorted to your satisfaction ASAP.

 

Appreciate your devils advocate position, I think my police report will do the talking!

 

What you buying next then Andy? (theres always a silver lining )

 

its irrelevant whether the emergency manouver was justified or not. It would still be up to you to maintain a suitable gap such that you could still have stopped.

It doesn't matter whether the the car in front stopped for a bird, a child, or just because. Its still your responsibility to be keep enough distance between you and the car in front that you can stop. If the other driver had been paying attention and kept their distance, there would have been no collision. Hence it automatically being your fault if you go into the back of someone, even if someone hit you and pushed you into the back of someone as per a 3 way pile up.

 

"if" its going to cat D heaven then Im not sure.

I wont buy another M3, been there done that, actually loved it so a bit gutted for the relationship to be ended so soon but on to new things etc

Quite a few ideas:

1 - a cheapo motor and consider things for a while, maybe till the summer and consider a rag top and a van

2 - something else fast er dunno what

3 - something big and roomy for bikes and a diseasal - x5, 330d sport etc

4 - rocket ship estate - nearly bought an Rs4 before

defo no S2000s.........er probably! no Id buy a boxster S instead

 

I know I will get stick for this but on occaision I do miss the S2000 but I never look back, I love the Boxster.

Back to the claim..

If in the 0.000000001% chance you did get the blame because birds are not an emergency worthy of stopping, get it in writting and post a copy to the RSPB and see what they have to stay <puts away wooden spoon>

 

Doesn't have to be that big. Pheasant & Carrera S2. End result new bumper. Something broke and the rear spoiler didn't work anymore. Rather expensive it was