Will this help my insurance case?

proformance

Back in April, I went into the back of a driver who suddenly performed an emergency stop on a 40mph stretch of an A road.

My car was deem irreparable and despite my best efforts, my insurer informed me that they had decided fault lies with me. 

Just a couple of days ago, I received a letter from the police asking if I can provide evidence and attend a court case where proceedings are being instigated against the third party driver for not having valid third party insurance. 

I plan on providing them with any factual information they deem necessary, however, I wonder this allegation, or court proceeding outcomes has, or could have, any bearings on the decision to put me at fault for the accident? 

Thanks! 

MeteredOut

I can't see how the other driver having or not having insurance would change the fault decision.

I hope the fact that the other driver did not have insurance did not sway their decision as to where the fault lay (thought typically anyone driving into the back of someone else will be declared at fault).

user1977

What useful evidence do the police think you will bring? 

victor2

proformance said:

Back in April, I went into the back of a driver who suddenly performed an emergency stop on a 40mph stretch of an A road.

My car was deem irreparable and despite my best efforts, my insurer informed me that they had decided fault lies with me. 

Just a couple of days ago, I received a letter from the police asking if I can provide evidence and attend a court case where proceedings are being instigated against the third party driver for not having valid third party insurance. 

I plan on providing them with any factual information they deem necessary, however, I wonder this allegation, or court proceeding outcomes has, or could have, any bearings on the decision to put me at fault for the accident? 

Thanks! 

I wouldn't think it will affect the insurance fault.
More often than not, the car at the rear of a shunt is held.at fault for not leaving enough space. The third party not having insurance isn't likely to help your case.

Car_54

OP, the Highway Code tells you:

"- leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops. The safe rule is never to get closer than the overall stopping distance!

Were you leaving such a gap? If you were, why could you not stop in time?

Whether or not the TP was insured (or had no licence or MOT or his car was was unroadworthy) is utterly irrelevant.

born_again

Only thing that might help would be if driver was found to be part of a crash for cash group.

victor2

born_again said:

Only thing that might help would be if driver was found to be part of a crash for cash group.

Which is pretty unlikely if he didn't have insurance. 

HillStreetBlues

proformance said:

Back in April, I went into the back of a driver who suddenly performed an emergency stop on a 40mph stretch of an A road.

My car was deem irreparable and despite my best efforts, my insurer informed me that they had decided fault lies with me. 

Just a couple of days ago, I received a letter from the police asking if I can provide evidence and attend a court case where proceedings are being instigated against the third party driver for not having valid third party insurance. 

I plan on providing them with any factual information they deem necessary, however, I wonder this allegation, or court proceeding outcomes has, or could have, any bearings on the decision to put me at fault for the accident? 

Thanks! 

There must be more to it than that, you wouldn't attend court for only that reason.

Nobbie1967

HillStreetBlues said:

proformance said:

Back in April, I went into the back of a driver who suddenly performed an emergency stop on a 40mph stretch of an A road.

My car was deem irreparable and despite my best efforts, my insurer informed me that they had decided fault lies with me. 

Just a couple of days ago, I received a letter from the police asking if I can provide evidence and attend a court case where proceedings are being instigated against the third party driver for not having valid third party insurance. 

I plan on providing them with any factual information they deem necessary, however, I wonder this allegation, or court proceeding outcomes has, or could have, any bearings on the decision to put me at fault for the accident? 

Thanks! 

There must be more to it than that, you wouldn't attend court for only that reason.

To confirm the identity of the driver in court? They may have denied being present.

proformance

HillStreetBlues said:

proformance said:

Back in April, I went into the back of a driver who suddenly performed an emergency stop on a 40mph stretch of an A road.

My car was deem irreparable and despite my best efforts, my insurer informed me that they had decided fault lies with me. 

Just a couple of days ago, I received a letter from the police asking if I can provide evidence and attend a court case where proceedings are being instigated against the third party driver for not having valid third party insurance. 

I plan on providing them with any factual information they deem necessary, however, I wonder this allegation, or court proceeding outcomes has, or could have, any bearings on the decision to put me at fault for the accident? 

Thanks! 

There must be more to it than that, you wouldn't attend court for only that reason.

There isn't more to it that has been divulged to me at least. The letter is one paragraph. Asking me to confirm dates I cannot attend. 

Mildly_Miffed

proformance said:

Back in April, I went into the back of a driver who suddenly performed an emergency stop on a 40mph stretch of an A road.

I'm just going to put this here.

The important figure there is 12m thinking distance from 40mph.
Let's not forget that 40mph is about 18 metres per second.

So unless his brakes were FAR more effective than yours, you shouldn't have hit him if you were even one whole second behind him.

My car was deem irreparable

So you hit him HARD...?

What speed were you doing when you hit the stationary car?

and despite my best efforts, my insurer informed me that they had decided fault lies with me.

Hard to argue any other way.

Just a couple of days ago, I received a letter from the police asking if I can provide evidence and attend a court case where proceedings are being instigated against the third party driver for not having valid third party insurance. 

I plan on providing them with any factual information they deem necessary, however, I wonder this allegation, or court proceeding outcomes has, or could have, any bearings on the decision to put me at fault for the accident?

"I was too busy checking the insurance status of the car in front of me on the MID website to see their brake lights"

My vote is also for them denying they were driving, and trying to point to somebody else - so your role is to say "Yes, that's the person who was driving when I drove into their car"