How is liability determined when a car with an illegally installed tow hook is rear-ended?
2 Answers
When a car with an illegally installed tow hook is rear-ended, the following vehicle bears full responsibility. Here are the relevant details: 1. Reason why the following vehicle is fully liable: Although installing a tow hook on a private car constitutes illegal modification, the rear-end collision occurred because the following vehicle failed to maintain a safe distance, so it should bear full responsibility. While the traffic accident will determine the following vehicle to be fully liable, the leading vehicle will still face corresponding penalties. 2. Tow hook: The term 'tow hook' generally refers to a type of trailer hitch. It can be used for rescue and towing in the wild. Typically, the tow hook on a private car is installed on the rear bumper beam and is made of relatively hard material.
As a veteran truck driver with years of experience, I believe that when a vehicle equipped with a tow hitch (commonly known as a 'rogue hook') is rear-ended, the responsibility mostly falls on the following vehicle. Traffic regulations clearly require the following vehicle to maintain a safe distance, and any rear-end collision is typically their fault. However, the modification of the tow hitch cannot be ignored. If it protrudes too far from the vehicle or is not securely installed, it may pierce the hood of the following vehicle during a collision, exacerbating the damage. Traffic police will inspect the compliance of the modification upon arrival. If it is non-compliant, the leading vehicle may also share some responsibility. I once helped a friend handle an accident where the unregistered hitch caused minor injuries to the occupants of the following vehicle, resulting in a 30-70 split of responsibility, with the leading vehicle covering the medical expenses. In summary, choosing certified accessories and ensuring the dimensions do not exceed regulations before installation is crucial—otherwise, the consequences may outweigh the benefits. On the road, safety should always come first; don’t let small modifications lead to big troubles.
