car crash

gazo1

My wife was driving on a motorway while following a car going downhill, now she believes it was freewheeling until it got to the bottom and then the driver must have tried to start the engine, which caused a massive amount of exhaust fumes, to the point that she couldnt see that the car in front had come to a complete stop so she went into the back of it at about 30mph, she said she was scared to come to a complete stop on the motorway so ploughed through the smoke. I thought we would have a good case for the other car to take the blame, however our insurance have sent us a letter today saying that we are to blame. How can this be correct and has anyone got any advice on the law in this matter.

Chippy_Minton_2

gazo1 wrote: »

. How can this be correct and has anyone got any advice on the law in this matter.

Because your wife ran into the back of a stationary vehicle.

gazo1

yes, but the other car contributed to the likelihood of a crash. By making itself completely invisible.

Chippy_Minton_2

So how fast was it freewheeling down the hill and how does your wife know this?

spaceman5

dunno how true it is, but i have heard pretty much that if somebody goes into the back of somebody else, it is always seen as the person who is driving behind fault, something to do with if you into the back of somebody, you either are not looking what you are doing, or too close to brake if needed to, as i said only something i have heard no idea how true it is

gazo1

I dont know the speed, but as soon as the road started to level out the smoke began to bellow out which must have meant he was trying to bump start it

juliescot

Your wife continued to drive although she couldn't see where she was going?

(which is not the same as a car being invisible)

I fear you are stuffed and it is her fault.

Sorry about that

juliescot

gazo1 wrote: »

I dont know the speed, but as soon as the road started to level out the smoke began to bellow out which must have meant he was trying to bump start it

Or his engine had just blown up?

mollycat

This sounds abit like an episode of Wacky Races i saw as a kid!

Seriously, it IS your wifes fault, colliding from the rear always is.

gazo1

so if your on a motorway and the fog becomes so thick that you cant see anything in front of you, your all right to come to a complete stop in the fast lane. And then the poor sod who hits you from behind will be responsible.

Vomityspice

If your really unlucky, she could be prosecuted for driving without due care and attention!

Speculating the other driver was 'freewheeling' is just that, speculation.

In any event, your insurer will / has admitted your liability and your insurance may go up (assuming it's not protected?).

Now you also have the prospect of a Personal Injuries claim (and they are likely to get a no win, no fee solicitor as the facts are not in your favour) and potentially a civil prosecution.

This is why insurance is vital......


Law Degree (Currently, Trainee Solicitor)