At around 7:30 in the morning of December 28, 2015 we were driving on SLEX to Muntinlupa at a speed of 60-65 kph. We have decided to change lane using the overtaking lane with proper signaling and when we were at a complete transfer of lane we were surprised when an ISUZU MUX abruptly stopped in front of us, I stepped hard on my brakes but the braking action could not cope with the inertia and failed to gain sufficient traction. As a consequence, I hit the rear end of the ISUZU MUX.
The argument of MUX driver was that there are two other vehicles in front of him that abruptly stopped, hence, forced him to stop as well. Though all of us in my car didn't see any. He said that those vehicles ran away.
The investigating police, who based the investigations on our statements (third party and myself) decided that I am at fault since I am the one who hit the ISUZU MUX at the back. As per his explanation, this was always the case on a rear-end collision cases.
Can the third party be held liable on this case considering that (1) we didn't see any vehicle in front of him, contrary to his claim, (2) he was on the overtaking lane and cars passing that lane are expected to be faster, (3) though my insurance will cover the repair, I want the MUX driver to pay for the participation fee of my repair. I have discussed this request with the MUX driver and I didn't see any sign of agreement though they didn't say No.
Can I pursue a case in court? I know, I always can, but is it worth it? I strongly feel that I am not at fault, and if the current trend is to always blame the accident to the car at the back end, then I guess I can be the exemption on that.
I would certainly appreciate your legal opinion.