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Was this collision 'my fault'?

abbas5001
abbas5001 Posts: 348 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 11 June 2009 at 2:14PM in Motoring
Hi all,

Today i had a minor collision whilst coming off on a motorway junction at Paisley (first time been on this motorway). As i was coming off i my intention was to turn left but stopped at the end of the junction because there was an oncoming car. Next minute the car behind me hits the back of me. There was no major damage to my car apart from scratches and the back bumper thing has been popped out of place a little bit so there are some slight gaps between the bodywork connecting the back bumper and the middle part of the car.

What had happened was i braked, then the VW Eos behind me braked, but the third car was taken by surprise and was going faster than us and was unable to brake in time so he hit the VW Eos (car behind me) and this pushed the Eos into me.

I was wondering technically whose fault it is? I'm not sure because i think did probably brake a bit too hard. Any ideas welcome.


UPDATE: Just had a call from the VW Eos driver who informed that she has contacted her insurance company who will probably be contacting me shortly. She also told me at that particular junction from the motorway, you do not need to stop and you have the right of way which means its my fault. She did say the way the insurance companies work it is that the person who hits the back of the other driver is held accountable meaning "i'm not culpable".

I feel terrible and its obviously my fault then, i haven't read the road properly in a moment of poor concentration.

Does anyone know what will happen now, i'm only a named driver on the car. Who claims from who for the repairs? Even if i claim for repairs, does my premium still go up?

Sorry for the slightly messy post, i'm just a little apprehensive because its the first time i've ever been involved in something like this.
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Comments

  • soolin
    soolin Posts: 73,094 Ambassador
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    Technically the fault will lie with the person who hit you, all cars should be travelling at speeds which will enable them to stop safely.
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  • Indout96
    Indout96 Posts: 2,371 Forumite
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    Totally the fault of the car at the back who ran into the Eos however in insurance terms you claim off the Eos who then claims for both from the car at the back.
    Totally Debt Free & Mortgage Free Semi retired and happy
  • savemoney
    savemoney Posts: 18,127 Forumite
    Part of the Furniture 10,000 Posts
    The other driver is as said, they should be driving at the appropriate speed/distance in order to stop safely should the need arise

    I would have thought you claim of the 1st driver who then claims of the other driver
  • kevin0410
    kevin0410 Posts: 227 Forumite
    This was absolutely NOT your fault
  • vikingaero
    vikingaero Posts: 10,920 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What if there had been an obstruction in the road? You would have had to brake. Whoever hit the EOS is ultimately at fault.
    The man without a signature.
  • abbas5001
    abbas5001 Posts: 348 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    kevin0410 wrote: »
    This was absolutely NOT your fault


    Thanks for the reassurance lol. However, have you said that after reading the original post, because i have edited it with an update after the Eos driver phoned me informing me there is no stop or give-way at the junction and i had priority so didn't need to stop.
  • ICATQ
    ICATQ Posts: 664 Forumite
    No, its not your fault. The driver that hit the car behind you could be deemed to have been driving without due care and attention as they could not stop in the in time.

    Doesnt matter what the road markings are, or your familiarity with the road layout.
  • tanith
    tanith Posts: 8,091 Forumite
    Part of the Furniture Combo Breaker
    I agree with the consensus its not your fault regardless of why you stopped , the cars behind should of been paying attention and been able to stop in time to not hit anything... don't let them talk you into anything...
    #6 of the SKI-ers Club :j

    "All that is necessary for evil to triumph is for good men to do nothing" Edmund Burke
  • As above not your fault.

    If that is questioned due to the road signage you simply say you stopped because you didn't think the oncoming car was going to giveway.

    Just because you have right of way doesn't mean you can't stop or slow down to avoid hazards.
  • mattymoo
    mattymoo Posts: 2,417 Forumite
    The Eos driver was not negligent so no point pursuing them, they'll simply pass it back to the car that hit them adding delays to the process.

    Pursue the cost of repairs against the car at the back.
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