Both drivers are at fault then. Unless there was nobody in them...
I'm not an expert in law. But there is something fishy about my rights as an individual and the forced use of a faulty system. If this system is at fault, according to MG (and all other brands) I should not have used it and all responsibilities are on the driver side.
First, MG never asked me if I accepted the use of these systems under these conditions. I think they should, and they should allow us to change our minds too. If I would not accept these terms, MG should shut down these systems.
Second, Brussels comes in, introducing laws causing cars to be delivered with mandatory safety systems. On top of that, they add conditions stating how these systems operate. One of them is that it should not be possible to easily disable a system, nor should it be possible to permanently disable it (the tow mode is a loop hole because it influences sensors used in the systems). So, MG cannot ask us for permission because the law forbids to act accordingly.
If law backs up the we should first agree the terms of use (as a personal right), than the law on these systems denies us this right. That could be a way out.