On Thu, 23 Jun 2022 20:37:22 +0100, "Anthony R. Gold" <
not-fo...@ahjg.co.uk>
wrote:
>On Thu, 23 Jun 2022 15:59:53 +0100, "Commander Kinsey" <
C...@nospam.com>
>wrote:
>
>> Just because a dangerous driver happens to hit me doesn't make me a higher risk!
>
>Actuaries have a different opinion. In general people involved in
>collisions, regardless of fault, are at increased risk of future collisions.
>It's a statistics thing. Maybe the factors are where they tend to drive or
>when they tend to drive or how they tend to drive, but regardless of why -
>and even when no-one can figure out why - analyses of accident statistics
>point to that increase in risk and the need to charge a higher premium.
Indeed. It's well known in the industry that there are some people who never
have an accident that's adjudged to be their fault, and yet, somehow, have a lot
of accidents.
A lot of that is people who insist on asserting their right of way. Obviously,
if you have right of way and another car doesn't, and it hits you, it's their
fault, from a legal and insurance perspective. But if you hadn't been so
assertive about your right of way, and allowed them to get away with being in
the wrong, then the collision wouldn't have happened.
Equally, lack of observation and anticipation can turn other people's errors
into accidents. If you're pootling along within the speed limit on a clear day,
and someone pulls out of a side road right in front of you, then legally it's
their fault, not yours, when you t-bone them. But an experienced and observant
driver will sometimes feel their spidey sense tingling when they see a car at a
side road, and they just know that something isn't right. So they back off a bit
and watch more closely, so that if their intuition proves correct then they can
avoid being the victim of someone else's error. But not everyone has that
experience or level of focus.
In maritime and aviation law, this requirement to make allowances for other
people's mistakes is baked into the system. If you could have avoided a
collision but didn't, then, even if the other person is the one breaking the
rules, not you, you are considered partly to blame. There's no such legal
requirement on the roads. But the statistics reveal those who don't follow the
principle, and the insurers follow the statistics.
Mark