Car accident - third party not admitting fault

sofie2007

I was in a car accident last week - I was due to pull out of a housing estate on to a main road. Pulled up to the junction, checked to my right, saw a car coming so didn’t pull out. I was pretty near stationary at this point. Driver behind me (who had been very close to me the whole way through the estate) smacked straight in to the back of my car. Damage to my rear end and his front, police called by a passing paramedic as he witnessed man being ‘aggressive’ towards me. I’m now signed off work for 2 weeks with whiplash. I’ve just heard from my insurance company and the man is refusing to admit any fault. I’ve never had an accident before - could this one be looked at as my fault in any way? 

AdrianC

You were stationary in front of him, he pulled off expecting you to have gone and for it to be clear... and it wasn't.

Nope, no way that can be your fault. Unless he tries claiming you reversed into him...

cattom

In a word no, is the answer to your question. so I assume you've put your claim in. now just wait and let the insurance companies  do what the insurance companies are paid to do.

sofie2007

Thanks. I wasn’t fully stationary, I was just slowly pulling up to the junction, saw a car coming so stopped. Driver behind for some reason assumed I was going to pull out anyway and he didn’t stop, just went straight in to the back of me. I’ve put in a claim but the man is refusing to accept any fault at all. 

KimJongUn88

There’s nothing to stop him from denying liability. You’ll just have to put your name in and if he continues to deny liability, it’ll have to be decided in Court.

Nobbie1967

A guy went into the back of me once when I slowed before a parked car to let an oncoming car go past. He told me it was my fault as I’d braked too hard. I didn’t argue and assume that’s what he put on his claim form as I was fully paid out from his insurance.

Sounds like you had a witness, so should be a straightforward claim of his insurance.

sofie2007

There were no witnesses to the actual accident, the paramedic happened to be driving by when the man was yelling at me so he stopped and called the police! 

neilmcl

What is your insurer proposing to do then?

IMHO, whether he admits liability or not it's likely that it's going to go your way, so leaver your insurer to do the job you pay them to do.

Stubod

..I suppose worst case he could argue that you pulled out, saw a car coming and reversed back into him?

(NB I accept you didn't, but it' what the could say).

sofie2007

I did wonder if he’d claim I had reversed, but the impact of him hitting me pushed my car partially on to the main road so I’m not sure that would be possible if that was the case. 

williamgriffin

sofie2007 said:

I did wonder if he’d claim I had reversed, but the impact of him hitting me pushed my car partially on to the main road so I’m not sure that would be possible if that was the case. 

Your word against his though.