Was this collision 'my fault'?

Pssst

another vote for not the OPs fault. Have you got your personal injury claim in yet?

Pssst

abbas5001 wrote: »

Hi guys, thanks again to everyone for the advice.

I had one last query - i'm a named driver on the insurance policy for the car, my mum is the main policy holder. What will the consequences be for the insurance premium, considering that i'll be claiming from the rear driver.

Does this also mean the no claims discount will be terminated?

If your mum is the policy holder,who drives the car most?

I suspect it will be your mums NCD that will be kaput.

chris-j

Gavin83 wrote: »

I completely disagree with you, the OP isn't morally to blame in the slightest. What would have happened if someone had run in front of her or a car had pulled out in front of her regardless of whos right of way it is? Is she just meant to hit them?

I do agree she shouldn't have braked but I really don't think she should be held accountable for this and I believe the way the insurance companies handle it is totally correct.

OP, how were the other drivers attitudes when you got out?

If someone had ran out there is a good chance the cars behind would also have seen this as well and acted accordingly. The OP did not read the road at all probably braked sharply instead of following the natural flow of the road and as a result has ended up with a damaged car. The attitude in this country is always to blame the person at the back and ignore the poor driving of others.

abbas5001

Pssst wrote: »

If your mum is the policy holder,who drives the car most?

I suspect it will be your mums NCD that will be kaput.

Hi, yes its my mum who drives the car the most. She's going to be annoyed about losing her no claims big time if thats the case! The damage to the car isn't massive, wondering if i'm better off even paying for it myself if it saves money overall.

DrScotsman

I'm a bit confused. It wasn't your fault, so why would your NCD be affected?

This is what my insurer says:

Third Party Fire & Theft:

Will my no claims bonus be affected?
If you were not at fault, we will not have to make any payment and so your no claims bonus will not be affected.

Comprehensive:

Will my No Claims Bonus be affected?
If we are unable to recover the amount we spend on your claim or if we have to pay to repair damage that you have caused to someone elses property, then you will lose 2 years No Claims Bonus, this means that you will have to pay more premium at the renewal of your policy unless you have Protected No Claims Bonus.

EDIT: Okay, I've been doing some Googling, and among other things, the phrase "It's a no claims bonus not a no blame bonus" has popped up a lot. Some sites say any claim invalidates a NCB, some sites say that 100% not-at-fault (like rear ending) doesn't invalidate it. So which one applies, does it depend on the insurer? Is mine an exception? Someone enlighten me please

abbas5001

DrScotsman wrote: »

I'm a bit confused. It wasn't your fault, so why would your NCD be affected?

This is what my insurer says:

Third Party Fire & Theft:


Comprehensive:


(Clearly they will be able to recover the amount, since it wasn't your fault)

This is what More Than say:

If you have made no claims in this period of insurance your No Claim Bonus will be increased at renewal up to a maximum discount of 65%. If you have made any claims your No Claim Bonus may be reduced at your next renewal. Please refer to the following table for further details.

Happychappy

I fail to see how you cannot accept part of the blame ? you are travelling along a road with no reason whatsoever to stop or alter course or speed, and suddenly and without warning you hit your brakes ? yes all the highway code stuff about being able to stop in the distance you can see to be clear etc,etc, but the other drivers should/would have also been looking at the road ahead and seeing absolutely no obstruction or reason for you to brake other than your poor observation and plannig skills.

I have great sympathy with the other drivers but accept you will get away with it to cause yet another accident by your poor driving, live and learn, and possibly do something about it by having some extra driving lessons or advice from te IAM etc, at least noone injured.

mattymoo

There is some contrary case law to the rear end shunt rule - Scott v Warren iirc although I suspect it was overturned on appeal.

Might be in here - http://books.google.co.uk/books?id=uJkwId8zvS0C&pg=PP1&dq=the+law+of+motor+insurance#PPP1,M1

prowla

The cars behind are supposed to leave a safe distance to you; they have no way of knowing why you stopped (you could have seen nails in the road or something that they didn't) and it's none of their business. The fact that you stopped because you thought an oncoming car was an error, but so what.

The driver of car at the rear assumed that the cars were going to act in a certain way and they didn't; but it was his duty to make sure he had a safe distance. Sure he is going to be upset that you didn't act like he anticipated (as I would be if it was me), but ho-hum.

LinasPilibaitisisbatman wrote: »

Pass it to your insurer and dont get involved in the argument between the other two about who is liable for your car.

You did nothing wrong at all whether you did have right away or not as the cars behind should have been driving safely to stop

It cant be expected that you are in a collision just because you had a right away. You saw a risk and took the correct action.

Just so, and it's "right of way"...

asbokid

abbas5001 wrote: »

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.

until you understand your role in the incident from a legal perspective, you should stop admitting liability for things that were not necessarily your fault!

.