Bumped into back of another car

paul_c123

Whether the daughter is guilty of Driving without Due Care and Attention isn't particularly relevant here, unless either the police are involved or someone is going to mount a private prosecution against her. Both are very unlikely.

Whether she's at fault for insurance purposes, I'd say the facts look quite clear: a car in front stopped (suddenly) and she was unable, or for another reason, didn't avoid hitting it. There would have to be further mitigating factors to sway me otherwise from saying she was at fault.

DullGreyGuy

Okell said:

Perhaps I've misunderstood but surely the driver who caused this accident was the one travelling in the opposite direction who overtook the bin lorry when they did not have priority, thus causing the car in front of the Op's daughter to brake suddenly and the OP's daughter to run into the back of the car in front?

Its sometimes attempted to be argued however given the vehicle in front did stop in time without contact with it then its highly unlikely the vehicle following can claim they are the ones liable for the accident. Your typical injury lawyers would be throwing half a dozen accusations against the OP... they failed to leave sufficient breaking distance, failed to maintain proper observation, driving too fast for the road conditions, driving without due care and attention etc

In a case from 2000 a lorry had no working brake lights and performed an emergency stop with the vehicle behind going into the back of them. Whilst this case was litigated and the lorry admitted to the defective vehicle they were only found 20% liable for the case with the driver behind still being found 80% at fault because they should be leaving sufficient distance and shouldn't be reliant purely on brake lights to determine the vehicle ahead is stopping.