Disputed car accident...surely not my fault?

mikethedriver

Okay, first thread, so please be gentle.

I apologise for length.

I was in a car accident on a busy dual carriage way. Basically, the two cars in front of me came to a complete halt (apparently because of debry on the road) and this, therefore, forced me to brake hard and come to a complete stop, which I did with about a foot to spare between me and the car in front. Then the person behind me, crashed into the back of me, shunting my car into the car in front. The driver of the car ahead got out, inspected his car, said he was happy not to take details and get on his way, so I took his details and let him go. The driver behind got out and seen that her car was a write off and was going nowhere. We exchanged details and that was that.

I thought this would have been an open and shut case, in my favour, and I had a witness in the form of the driver ahead of me. So I wasn't too fussed.

Then a week later I find out that the third party driver who rear ended me, is claiming it was my fault for being stationary on the carriageway. I also find out that I can't use the driver in front of me as a witness as he was involved in the accident, although he has no interested in claiming for damages.

Can someone please tell me, who eventually decides who is at fault, and does she have any chance of turning this around to make it my fault or a 50-50 accident?

I have more complaints about Help Hire/Angel Assistance and Premium Choice brokers, but I'll leave that just now, but in my humble opinion, stay well clear of them.

Any information would be much appreciated.

ps. I've just bought my first flat and you'll never guess who the mortgage is through.....Northern Rock. Having a wonderful couple of weeks.

tomstickland

Then a week later I find out that the third party driver who rear ended me, is claiming it was my fault for being stationary on the carriageway.

I'm pretty sure that they have no case. It's their responsibility to make sure that they don't collide with the vehicle in front.

banger9365

it the responsibility for the person behind you to drive at a safe speed and distance so they can stop safely unless you suddenly changed lanes which you did not

SPANIEL36

the two people infront of you stopped safely.

you managed to stop safely also...(albeit with only a foot difference although a foot is better than an inch and even an inch is better than nothing)

the person behind, in my opinion, was not concentrating enough or have enough time to realise that there was a problem infront and therefore could not stop safely and co-incientaly crashed into you.

if the guy you were shunted into the back of DID want to claim, then his insurance would claim from you then your insurance would claim his money and your money from the person who hit you

to me, technically on paper the guy you shunted should be able to be your witness as he's not making any claim. the guy can explain to your insurance and the third party's insurance the reasons behind the whole incident......sounds like the third party doesn't want to take the blame for their lack of attention

SPANIEL36

just out of curiosity, when you managed to stop, did you put your hazard lights on or anything? if you did then that third party must've had a lack of attention not to see them and slow down sooner (or even change lanes if poss) maybe avoiding bumping into you altogether

looby-loo_2

This is an identical situation to one I had about 3 years ago, except the shunt was caused by some idiot suddenly deciding to turn right with out notice.

It was sorted out in the was that Spaniel has suggested - one infront claiming from one behind and so on, however, it did take 17 months. Meanwhile we lost no claims so the premium went up the next year but and we had to pay the excess but we kept on going and eventually got everything back through the 'legal protection' part from the one behind so the insurance premium was put back to normal as was the no claims.

Be persistant and keep ringing them! Our main mistake was to assume everything was going along for the first few months - it wasn't! Once we rang thm every week things moved on

epz_2

so if i ram into someone in a traffic jam who has stoped they need to buy me a new car?

tell your insurance co to sort it out, somone goes into the back of you, its their fault unless you are reversing.

goldspanners

dont worry about it,the 2 insurance companies will argue for months over this and they will sort it out,it isnt for you and the other driver to worry about.
the third party has probably been told to never accept liability to causing the accident and the only other person she can blame is you,this is only slowing up the process,but your right it should be an open and shut case as she ran in to the back of you.
i hope you took pictures.

alanrowell

I think the little fact that there's a third car that was damaged (the one you were shunted into) proves that she doesn't have a legal leg to stand on.

She can't claim that it was YOUR fault that you were stationary because you were stationary because of stationary traffic in front of you.

She's just trying it on

hjd

I was in a similar situation a few years ago. Not on a motorway - but heavy traffic, going slowly. I stopped with no problems but the driver of the car behind appeared to put her foot on the accelerator rather than the brake. She crashed into me, pushing me into the car in front, who then shunted into the one in front of her. My car was a write-off - didn't look too damaged, but since both front and rear damage would apparently have cost too much to repair.
My insurers had to pay for the repairs to the car I went into but then claimed back from the one who caused the accident. I thought it was all settled, then 15 months later I had a letter from my insurance co saying that the first driver was now claiming I had reversed into her! The worst bit was that my insurance company letter said that if they didn't hear from me in 14 days they would assume that was the correct version of the case and settle accordingly. I rang them up straight away and had to go through the whole thing again, and give them the other drivers' details (which I had given them originally, but they had lost). I specifically asked them to keep me informed as they said normally they will settle it without any further notification.

A couple of months later I had another letter saying she was now claiming I had already run into the car in front of me when she hit me. I wasted an awful lot of time on this and had to keep ringing up to check my protected NCB was still all right.

Don't assume your insurance company will act in your best interests!

wendykearney

If the Insurer is Churchill then Good Luck! I was in an accident 2 years ago, Taxi driver sped out of a restricted entry 20mph road across a mini rb into me. I had stopped when i saw he wasn't going to stop. I had witness's, the police on the day said he was to blame but did nothing, i had photo's etc. Churchill refused to fight my side despite the taxi driver sueing me privately as he refused to claim off his insurance or even contact them!
Thay insisted it be 50/50 and said what i wanted didn't come into it! They said the witness's were immaterial same as police report!
So know i have got a accident against me despite not being at fault. I've since found out that they do this regulary and they are one of the worse insurers. Expensive lesson though, cheapest quote not always worth it in the long run. Maybe we could do with a list of insurers and how good they are when you try and claim?
wendy