Driver ran into me while stationary is now saying i braked

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donna7017
donna7017 Posts: 4 Newbie
in Motoring
I was on a dual carriageway stationary waiting in traffic when I was run into. My car was then written off. The other persons insurance is saying i braked and caused the accident - Totally untrue!!!
Now i have a car that has been written off and the hire car that was provided has to go back and ive been told it could take 12 months to resolve as its got to go to court.
This seems so unfair but im not sure what I can do?
Has anyone had a similar unfortunate experience?
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  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    Where did they hit you?
  • Cornucopia
    Cornucopia Posts: 16,156 Forumite
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    If the impact was to the rear of your vehicle, it's unlikely to make much difference whether your vehicle was stationary or not - it'll usually be the other driver's responsibility unless there are exceptional circumstances.
  • donna7017
    donna7017 Posts: 4 Newbie
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    Ran straight into the back of me
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    donna7017 wrote: »
    Ran straight into the back of me

    His fault then.

    Did you go with your insurance company cause they were cheap and do you have legal cover?
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Cornucopia wrote: »
    If the impact was to the rear of your vehicle, it's unlikely to make much difference whether your vehicle was stationary or not - it'll usually be the other driver's responsibility unless there are exceptional circumstances.

    This.

    I'd point out to them that if what their client said was true (that you applied your brakes & the client saw them), why did they run into the back of you? Either they weren't paying attention or didn't leave enough space between cars - both of which is a fault of theirs, not yours.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • donna7017
    donna7017 Posts: 4 Newbie
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    I took pictures of the damage - the other driver admitted liability then a month later retracted it and no is claiming i braked and caused the accident and because of that they are saying there fetching the hire car back and ill have to provide my own transport - I will get the costs back if i win the case but this could take up to 12 months
  • donna7017
    donna7017 Posts: 4 Newbie
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    My insurance are aware of the accident but I haven't made a claim through them as the other driver admitted liability - it isnt a cheap policy
  • Cornucopia
    Cornucopia Posts: 16,156 Forumite
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    How far into the claim process are you? If your policy is comprehensive, and the other party is disputing liability then as long as it doesn't increase overall costs, you probably need to consider claiming with your own insurance company and let them sort out any disputed liability.
  • Enterprise_1701C
    Enterprise_1701C Posts: 23,409 Forumite
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    You need to go to your own insurer and tell them of this development.

    And, regardless of whether you were stationary of moving, if someone runs into the back of you it is THEIR fault. There are very few exceptions, one of which would be you reversing into them.

    Have you got motorists legal protection? Would be VERY useful if you have, but you do need to go through your own insurer now.
    What is this life if, full of care, we have no time to stand and stare
  • jk0
    jk0 Posts: 3,479 Forumite
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    I wonder if insurers don't work together to screw motorists in cases like this...


    Isn't it in o/p's insurers interests for her to be found partly at fault? Then they can bump up her premium next year. In view of that, how hard are they likely to work to establish that she wasn't at fault?
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