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

mrscb

I agree with the majority.Dont admit fault, it is more his as he was obviously too close to stop in time.You could have had to stop due to something coming onto the road(even though you didnt)then would you still admit fault...
Also dont forget how many whipclash claims are made 'on purpose' by people slamming on the brakes to make sure someone goes into the back of them then the insurance covers this also.
Obviously i am not saying OP done this as they are very honest by admitting they shouldnt have stopped(but keep an eye out for any neck pain!!!;))
The other driver will know it will be classed as his fault and most big butch blokes wouldnt get out and admit it was there fault so he will have been angry and over reacted.
Hope it all works out well:D

LinasPilibaitisisbatman

The whole the driver behind is always to blame thing is a myth. Yes on most occasions it is the case and we should always drive with a gap to take account for sudden braking however the fact is should we expect someone in front to brake suddenlyfor no reason other than their own incompetence? No we shouldnt and for this reason if he gives the genuine account to the insurers its likely blame will be split.

If I was the OP though I would not mention about it and simply state you were slowing for a junction if you want to avoid any liability.

Paradigm

LinasPilibaitisisbatman wrote: »

The whole the driver behind is always to blame thing is a myth. Yes on most occasions it is the case and we should always drive with a gap to take account for sudden braking however the fact is should we expect someone in front to brake suddenlyfor no reason other than their own incompetence? No we shouldnt and for this reason if he gives the genuine account to the insurers its likely blame will be split.

WHAT??? This is a wind up right??

If you run in the back of someone it's because you haven't left enough room to react & it's plain bad/dangerous driving on your part, it's that simple.

It doesn't matter whether you, in your infinate wisdom, can see a reason for the braking or not... you're driving too close &/or not paying attention, ergo it's your fault. For gods sake it's not hard to grasp!

Another who got their licence via Kellogs

LinasPilibaitisisbatman

No it isnt because the OP has admitted that they went to move off from the junction and braked instead due to their own bad/dangerous driving.

Yes the other party should have been able to stop in time but likewise they shouldnt have to expect the person in front didnt know how to drive their car.

If the OP is honest with the insurers I will bet they do a 50/50 settlement.

In the vast majority of cases its the rear drivers fault but this isnt automatically always the case. There are issues of people deliberatly slamming on brakes to cause accidents.

Inactive

LinasPilibaitisisbatman wrote: »

The whole the driver behind is always to blame thing is a myth.

It is not a " myth " at all, if you drive too close to the vehicle in front and it stops or slows down and you collide with it, it is your fault 100%.

You are driving without due care and attention, simple.

Some driving lessons required if you think otherwise.

Paradigm

LinasPilibaitisisbatman wrote: »

No it isnt because the OP has admitted that they went to move off from the junction and braked instead due to their own bad/dangerous driving.

Yes the other party should have been able to stop in time but likewise they shouldnt have to expect the person in front didnt know how to drive their car.

And the reason that accidents on motorways happen every day without fail is because of drivers like you!!

The whole reason behind leaving a safe gap to the car in front is precisely because unexpected things happen, whether it be bad driving, sudden blowout or alien invasion!!

If you can't see that then I suggest you turn in your licence now before you kill someone!

LinasPilibaitisisbatman

It may be that the driver in front is a neglient or even criminal in their activities too so it is a myth. Its certainly the norm but not always the case.

Are you seriously suggesting that the OP is not at all to blame here? they shouldnt be on the road in a car they cant control/drive properly and this was certainly a contributory factor here. If they hadnt brake instead of hitting a non existent clutch and driving off then no accident would have occurred.

50/50 here would be entirely just

LinasPilibaitisisbatman

Theres a difference between leaving a safe gap for the unexpected and some idiot slamming on the brakes when their actually accelerating because they cant drive their own car properly.

Maybe the person behind was a tad to close but the OP was as neglient in their driving manner and both should pick up some blame.

Why is it you think the OP shouldnt be to blame remotely for their own neglient driving which caused the accident every bit as much as the person behind.

Paradigm

LinasPilibaitisisbatman wrote: »

Theres a difference between leaving a safe gap for the unexpected and some idiot slamming on the brakes when their actually accelerating because they cant drive their own car properly.

So what is "some idiot slamming on their brakes" if it isn't unexpected? You just made my point for me!

Lets just twist this a little... same scenario but when the OP goes to drive off the engine cuts out due to a fault leaving them stranded. The van driver then hits the OP because he didn't expect the OP's engine to die.

Whose fault would it be then? Would you still be saying it's 50-50?

Any

gaz_jones wrote: »

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.

It's a company car. It's a company insurance. They will say it is his fault.

Never ever tell anyone you are admitting liability. Otherwise the insurance company might say they are not paying out. And check your company car driving policy. Admitting liability might even be disciplinary issue.

It was his fault. He should have been far away from you to manage to brake on time. What if there was child runnig accross the road and you had to stop? What do you think the rules are for?

And everyone has to drive a car they are not used to at one time or another. Another reason for these rules. You never know what the person in front of you is going to do and that is why you are supposed to keep distance and keep your eyes on the road at all times.


P.S.: I was Fleet Manager for 5 years. I have dealt with so many accident you wouldn't believe it. And insurance companies. It does happen a lot. Usually they have an excuse for stopping, but that is irrelevant.