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Had an accident in work car - Rear ended but was it my fault?

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gaz_jones
gaz_jones Posts: 5,179 Forumite
Had to drive down to London today to go to the other office and had a bit of an accident on the way home. The pool car was an automatic which I didn't really like. Much prefer manual.

What happened is: I was just coming off a motorway, I was at the top of the slip road and had to brake to take a corner. I hit the breaks harder than I should have as I was not used to how sensitive they were. Looked in my rear view mirror and there was a van coming up fast behind me. Out of instinct I slammed my foot down on the clutch to drop a gear so I could pull away before the van hit me but stupid me its an auto :mad: My car came to a complete stop because I was already going quite slow (for the corner) and the van came into the back of me.

Now what my question is is, was it my fault? I feel like its my fault because I was stupid and went for the clutch but everyones telling me he should have been far enough behind me to stop.

I drove for about 300 yards then pulled into a side road, the guy got out of his car came running up to me and started shouting 'I should f'ing knock you the f out' and getting very angry. I can understand he's angry with me but he was pretty threatening. I explained what happened to him and he said I better tell the insurance it was my fault or he'd be coming to 'see me' after work one day :eek:

Not a very nice experience all in all. Was dreading dropping the car at work but they were ok about it. They just said 'it happens all the time' :rolleyes:

Thanks for reading.
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Comments

  • aliasojo
    aliasojo Posts: 23,053 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'd have phoned the Police as a result of his behaviour and threats, never mind the accident.

    You dont have to decide whose fault it was...the insurance does. Just tell it like it was.
    Herman - MP for all! :)
  • his fault technically

    dont tell them its your fault. He shouldnt of been so close/going so fast
  • Doozergirl
    Doozergirl Posts: 34,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 June 2009 at 11:46PM
    He should have left enough of a gap between you and him that if you did come to a dead stop, he would be able to as well.

    It will be his fault as he didn't forsee what was ahead. Driving is all about anticipating what might happen in order to avoid accidents that includes people that can't drive automatics! He didn't. It doesn't really matter that you stopped; you did, you're allowed to - what if you were stopping for a really good reason?

    And he won't have a clue where you live.
    Everything that is supposed to be in heaven is already here on earth.
  • gaz_jones
    gaz_jones Posts: 5,179 Forumite
    Didn't really want to have to phone the police there. Was too worried about taking the car back to work :rotfl: Bit worried if he is deemed responsible that I'm going to end up with a brick through my car window or a fist in the face. I mean I'm not the sort to run away but this guy was pretty damn big! :rotfl: Doubt I would stand much of a chance :(


    On the form I have to fill out it asks who I feel is responsible for the accident. I feel its me but going by yours and everyone elses opinion I think maybe I should put his?
    This is my signature. There are many like it, but this one is mine.
  • Trust_2
    Trust_2 Posts: 369 Forumite
    do not sign anything ignor any threats, and leave the insurance company sort it out,

    probably go down to a 50/50

    Him driving too close, inability to stop
    You careless driving, you stopped away from a junction with no prior warning

    As for the threats, what details did you give him, your personal or your work, I would report this incident to the police, as this person whilst under shock acted in an unappropriate manner but offering a physical threat of violence
  • Trust_2
    Trust_2 Posts: 369 Forumite
    Gaz, just remain honest, do not alter your thoughts.

    As for this guy,ok simple fact of life what stops him doing that anyway. He threatened you, you report the incident under the reporting procedure you are asked what you want done,

    Options 1. PC plod pays him a visit,
    2. No-Further action, but it is logged so if anything did happen in future they are aware.

    Good luck:o


    gaz_jones wrote: »
    Didn't really want to have to phone the police there. Was too worried about taking the car back to work :rotfl: Bit worried if he is deemed responsible that I'm going to end up with a brick through my car window or a fist in the face. I mean I'm not the sort to run away but this guy was pretty damn big! :rotfl: Doubt I would stand much of a chance :(


    On the form I have to fill out it asks who I feel is responsible for the accident. I feel its me but going by yours and everyone elses opinion I think maybe I should put his?
  • You should bear some of the blame as it sounds like your poor driving/lack of knowledge of the vehicle was a major contributing factor.

    Whether you are fully to blame depends on the gap between you and the van and whether he was neglient in being too close. whilst he should expect some stuff should he expect what you did?
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I thought it was always the driver's behind fault as he should have been able to stop.
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • Its got nothing to do with the OP's driving. The fault for the accident rests entirely with the driver of the van.

    End of.
  • gaz_jones
    gaz_jones Posts: 5,179 Forumite
    You should bear some of the blame as it sounds like your poor driving/lack of knowledge of the vehicle was a major contributing factor.

    Whether you are fully to blame depends on the gap between you and the van and whether he was neglient in being too close. whilst he should expect some stuff should he expect what you did?

    I am more than happy to take the blame as I do agree my driving contributed to the accident. Obviously I would like to come out as blameless as possible but I guess thats up to the insurance companies to decide.

    I think I am going to report the incident to the police. I don't want anything done about it but as someone above suggested if anything does happen atleast its all on record.

    My excuse (come on, everyones got to have one when posting on this board :rotfl: ) for my bad driving was a long day at work followed by a traffic filled journey home. My instincts kicking in and making me forget I was in an auto didn't really help either.
    This is my signature. There are many like it, but this one is mine.
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