It's not always so easy. Everyone always has their version of how an accident happens. If there are no witnesses and no conclusive evidence, who can be believed.

As an example, I was in a fender bender in my car not long ago. The guy that hit me was reversing down the road and didn't see me turning. I didn't see him until the last minute because I was looking for traffic coming in the proper direction down the road. Sounds like a pretty simple case in my favor, right? His insurance company denied my claim. I've got my ins. co. working on the legal battle but it baffles me that this even has to happen.

Besides, the EU law would place liability on the motorist regardless of how well he was driving. Imagine that you are driving your car down the road at the speed limit, following all traffic laws, and being the most defensive driver in history. Then, a biker jumps the curb and you plow right into him before you can react. You would be liable for all his medical bills, property damage, etc. including the property damage to your car. How is that fair?