Hit and Run Help

wpaul1982

hieveryone wrote: »

?? If I pull into a lane in front of someone and they hit me from behind, it's still my fault even though they hit me from behind.

If I'm driving along the motorway and suddenly pull an emergency stop for no reason and someone hits me from behind, it's my fault.

So, how did someone driving at 40mph manage to drive right into the back of your gf's car? I imagine at that speed it would have done more than take the back wheel out.

i said if someone hits you from behind its their fault!!!!!!!!!

if you pull an emergency stop and someone hits you its there fault because they were to close and werent leaving sufficient safe distance (having had a similar accident 5 years ago 2nd car from the front in a 4 car pile up the driver at the back was the one who had to go on a course by the police as he was to close to car 3)

she was turning right and the car piled in to the back left hand side it obs did more that take the wheel out (hence the 3k to repair) but not being a mechanic i cant list all the damage done to the car

wpaul1982

rizla01 wrote: »

Who has made the offer of payment?

Have you consulted a solicitor?

Unless I am mistaken the registered owner has a duty to provide details of who he sold it to and the DVLA should have details on record tho in all probability the new owner isn't registered, insured, taxed Etc so are the Police pursuing this?

They may not give this info to you but they may answer a solicitor.

Proper legal advice is needed and you shouldn't rely on the bar-room lawyers on here for such a large amount of money.

Just my opinion.

The MIB have made the offer will contact a solicitor and see what they say thanks

asbokid

hieveryone wrote: »

?? If I pull into a lane in front of someone and they hit me from behind, it's still my fault even though they hit me from behind.

It's almost always the fault of the driver who collides from behind. "Tailpiping"..leaving an insufficient safety margin, allowing an inadequate braking distance, failing to observe the "two second rule", all point to liability on the part of the shunter.

If I'm driving along the motorway and suddenly pull an emergency stop for no reason and someone hits me from behind, it's my fault.

I can think of only one circumstance where you would be found negligent in the motorway situation. That is where a driver deliberately performs an emergency stop with the intention of causing a rear shunt (usually in an insurance fraud), and even then there is contributory negligence on the part of the shunter, for failing to maintain a safe distance.

Otherwise, the shunter, rather than the shunted, is always to blame.

So, how did someone driving at 40mph manage to drive right into the back of your gf's car? I imagine at that speed it would have done more than take the back wheel out.

Perhaps the g/f was pootling along at 20mph, and the shunter was travelling in the same direction, but at 40mph?

wpaul1982

she was stationary turning right (in a separate lane for right turners) the mph doesnt really matter it was a good hit from behind!

all irrelevant just wanted to come if she rejects the offer will MIB up it? but as advised i will speak to a solicitor

birkee

Well I can give personal experience of hitting the rear of another car and not being responsible!

Stationary behind another car at a roundabout, and when he drove off, I looked right to see if it was clear for me as I pulled forward, only to find him reversing back from near the island because he thought he hadn't got time to clear the oncoming car. (I assume)
He ran backwards into me!
Needless to say, that when a gap in the traffic appeared, he shot off without stopping and exchanging details.

So it's not always as clear cut as some of you appear to think.

asbokid

birkee wrote: »

Well I can give personal experience of hitting the rear of another car and not being responsible!

Stationary behind another car at a roundabout, and when he drove off, I looked right to see if it was clear for me as I pulled forward, only to find him reversing back from near the island because he thought he hadn't got time to clear the oncoming car. (I assume)
He ran backwards into me!
Needless to say, that when a gap in the traffic appeared, he shot off without stopping and exchanging details.

So it's not always as clear cut as some of you appear to think.

So your vehicle was stationary, and he reversed into it. That's not a rear shunt! You were lucky to prove his negligence, or didn't you? Someone did that to me on Swansea docks, waiting to board the Cork ferry.

asbokid

wpaul1982 wrote: »

Have offered £1300 - £1600 which i dont thinks enough, she can reject the offer but with it being a government body will they improve the offer??

The MIB is an industry-funded body that was established by statute. Treat the Bureau like any other insurance company.

rev_henry

Just play the game and reject their initial offer. They can only turn round and say 'take it or leave it'. The previous owner must surely have the new owners details? Did he not fill the form in and send it to the DVLA to get a new V5 for the new owner?

Brooker_Dave

wpaul1982 wrote: »

if you read properly she was in her mums car and was hit hard from behind 40mph ish

If a car doing 40mph hit your car it would demolish it, and it would not be possible for either cars to drive off again.

Kilty_2

Brooker_Dave wrote: »

If a car doing 40mph hit your car it would demolish it, and it would not be possible for either cars to drive off again.

Makes the whiplash claim sound better though

There's always that anxiety, intrusive thoughts and flashbacks too