Car Accident - Advice needed!

neilmcl

blondnc wrote: »

My OH was car number 3 who had left plenty of distance but as it was on an incline of a long hill there was no way of stopping due to the icy road.

Well clearly, given the conditions, he didn't leave enough room. I'd agree with the above 50/50 split between car 2 and the OP's OH.

spiro

blondnc wrote: »

We are familiar with 3 car accidents and the general rule is that car no.3 is at fault.

I think this depends on the circumstances. I stopped a set of lights the car behind me stopped but a third car ran into the car behind me. Because 2 had stopped and car 3 pushed him into me car 3 was liable for everything.

If car 2 hits 1 and car 3 hits 2 then my view is that car 2 pays for his front end damage and the rear end damage to 1. Car 3 pays for his front end damage and the rear end damage to 2.

Suggest as well as detailed diagrams of the accident I would send photos of the road, ideally in the same condition (parked cars etc) as it was at the time of the accident.

Hammyman

blondnc wrote: »

My OH was car number 3 who had left plenty of distance but as it was on an incline of a long hill there was no way of stopping due to the icy road.

So he in fact didn't leave plenty of distance at all, did he and the only reason he didn't hit Car 2 was because he drove round.

However all of that is irrelevent because it would end up being no different to someone passing a parked car and them pulling out in front of you with no prior warning which is basically what this scenario actually is and is the point you want to be getting across to the insurer. In that scenario, the car pulling out would be at fault.

jackieb

This is surprisingly similar to an accident I was in.

http://forums.moneysavingexpert.com/showpost.php?p=5637533&postcount=9

I was the 3rd car out of 5 and the driver that was in the first car tried to blame me. Turned out the 18yo girl was driving her dad's car and wasn't insured so they tried to blame someone else. I phoned my insurance company and explained what had happened. I was told to write a letter to her solicitor and send a copy of the letter to my own insurance company too. That was the last I heard of it. We all claimed off our own insurance.

JQ.

Pew_Pew_Pew_Lasers! wrote: »

So car no.3 was unable to stop, tried to steer around the two vehicles in front, and hit one of them.

Car no.2 at fault for hitting car no.1. Car no.3 at fault for hitting car no.2. That's my take.

That gets my vote too.

FATBALLZ

Hammyman wrote: »

So he in fact didn't leave plenty of distance at all, did he and the only reason he didn't hit Car 2 was because he drove round.

However all of that is irrelevent because it would end up being no different to someone passing a parked car and them pulling out in front of you with no prior warning which is basically what this scenario actually is and is the point you want to be getting across to the insurer. In that scenario, the car pulling out would be at fault.

I tend to agree with this, car 3 clearly didn't leave enough space in front to stop however reacted quickly enough to go round at which point car 2 becomes at fault for pulling out into the side of it. Car 2 also obviously at fault for going into the back of car 1.

foxyuk

i am an ex claims handler.... car 2 at fault for both incidents

firstly too close to car number 1 and secondly not taking due care and attention and making no indication of moving or turning from a stationey position into your path

JQ.

Hammyman wrote: »

So he in fact didn't leave plenty of distance at all, did he and the only reason he didn't hit Car 2 was because he drove round.

However all of that is irrelevent because it would end up being no different to someone passing a parked car and them pulling out in front of you with no prior warning which is basically what this scenario actually is and is the point you want to be getting across to the insurer. In that scenario, the car pulling out would be at fault.

FATBALLZ wrote: »

I tend to agree with this, car 3 clearly didn't leave enough space in front to stop however reacted quickly enough to go round at which point car 2 becomes at fault for pulling out into the side of it. Car 2 also obviously at fault for going into the back of car 1.

I don't agree at all. It's not the same as passing a parked car and it pulling out on you at all.

Put yourself in the shoes of car 3 - there's a crash going in in front of you where 2 cars are out of control on an icy hill - what is the safest option? The safest option is to stop dead and not get anywhere the 2 out of control cars. However, car 3 has not left a safe distance and is not able to stop in time and choses to overtake a crash in progress. This example shows exactly why that was not a good idea. If car 3 had stopped as they should have done they would not have hit car 2 and are therefore should be responsible for the damage caused. It is irrelevant why the crash happens in front of you, you shoud leave sufficient distance between you and the car in front to STOP in time.

jackieb

JQ. wrote: »

I don't agree at all. It's not the same as passing a parked car and it pulling out on you at all.

Put yourself in the shoes of car 3 - there's a crash going in in front of you where 2 cars are out of control on an icy hill - what is the safest option? The safest option is to stop dead and not get anywhere the 2 out of control cars. However, car 3 has not left a safe distance and is not able to stop in time and choses to overtake a crash in progress. This example shows exactly why that was not a good idea. If car 3 had stopped as they should have done they would not have hit car 2 and are therefore should be responsible for the damage caused. It is irrelevant why the crash happens in front of you, you shoud leave sufficient distance between you and the car in front to STOP in time.

And what if a car had been travelling in the opposite direction?

foxyuk

incorrect if you see a crash in front why would you stop...... car number 3 safely manouvered away from the accident and the stationery car that hit car number 1 pulled out without indication...

what are you meant to do stop the car and sit for 20 minutes till both cars move away .... britain would be a gridlock if everyone followed your highway code