Driver ran into me while stationary is now saying i braked

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  • Nasqueron
    Nasqueron Posts: 8,631
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    Statistically if you are involved in an accident it's more likely you will have another, even if no fault - you drive in areas with poor other drivers for example - that is insurance logic. Nothing to do with law, they price based on their risk assessment of you.
  • You got that right - Insurance companies often sail outside of the law and Im not sure why they are allowed to cheat, steal like a latter day licenced bandit - As time goes on I have noticed that many large companies are simply beyond the law, knowing full well that their client is too small to bring them to justice - They act without morals and should be controlled

    They act in their interest, they are after all a business and have to make money. They do not cheat or steal, you always have the right to go to another insurer and there is an ombudsman if you have problems with them.

    They set the premium according to the risk, a young driver that has just passed his test but wants an RS2000 is likely to be quoted rather high, an accountant in a mini will get a low quote. If you have an accident then you will be quoted higher than if you don't have an accident. There is hundreds of risk points that have to be taken into account. No company is beyond the law, would like to know what you mean by this, the ombudsman is there to deal with any malpractice.
    What is this life if, full of care, we have no time to stand and stare
  • Stoke
    Stoke Posts: 3,182 Forumite
    Sure I've mentioned this story before, but I was involved in an accident when I was 18ish.

    Woman in front, very old, shouldn't have been driving in my opinion, pulls out of her daughters house (despite traffic approaching) which was located on a 60 stretch of the A34 near Stafford, starts to speed up, probably gets to about 30-40, only to then stamp on the brakes thinking she had seen her daughters dog in the rear view mirror escape from the house. I had luckily already started slowing down predicting further stupidity after seeing her pull out into 60mph traffic. Anyway, bang, she's slammed her brakes, so I slam on my brakes and stop. Unfortunately the female behind shunts me at a seriously high speed (must have been somewhere between 30-50mph). Cars written off, ambulances involved, all that !!!!.

    I openly stated to the insurance company that the person to blame was actually the woman in front. She had no legitimate reason to stop and it was a dual carriageway where you should only stop to really turn into one of the houses and her initial manoeuvre was dangerous in the first place.

    No dice, it was the woman behind fault and it was her who felt the damage from it.
  • Unfortunately, once again that was a case of not leaving enough space to stop. The rules are simple, if someone stands on their brake you have to be able to stop in time, regardless of whether they are driving badly or dangerously. If a kid had run out and she had had to stop you would probably have shunted her into that kid, you can't necessarily see what is going on in front of the car in front of you.

    Simply allow enough space between you and the car in front to allow you to stop. And it is best to always assume any driver is an idiot and is liable to swerve or brake for no reason,
    What is this life if, full of care, we have no time to stand and stare
  • Stoke
    Stoke Posts: 3,182 Forumite
    Unfortunately, once again that was a case of not leaving enough space to stop. The rules are simple, if someone stands on their brake you have to be able to stop in time, regardless of whether they are driving badly or dangerously. If a kid had run out and she had had to stop you would probably have shunted her into that kid, you can't necessarily see what is going on in front of the car in front of you.

    Simply allow enough space between you and the car in front to allow you to stop. And it is best to always assume any driver is an idiot and is liable to swerve or brake for no reason,

    Is that at the OP or me?
  • Nasqueron
    Nasqueron Posts: 8,631
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    Stoke wrote: »
    Is that at the OP or me?

    Person who hit you I suspect - regardless of what the old woman did, you stopped in time as you left space, the woman who hit you didn't.
  • AlexMac
    AlexMac Posts: 2,973
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    donna7017 wrote: »
    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

    Odd? As others have said, you should get your insurer to act for you on this; it's what you pay them for.

    So make it official. You have a good chance of it being determined wholly in your favour, even if there are no independent witnesses, as is usual with rear-end shunts.

    In every one of the (very few) claims I've experienced, my insurer has been very supportive, and has handled liaison with the other driver's insurer.

    Even (in a case with some similarities to your won) when someone in a hurry (late on the school run!) backed into me at about 10-15mph while I was stopped behind them (I think they were trying to park or turn) and later changed their story to claim I had actually driven into them. In that case, and in the absence of witnesses, my insurer (AVIVA or Admiral?) said it was pointless my invoking their legal protection and taking them to a civil court, but was obviously sympathetic and recommended "knock-for-knock"; each driver's insurer bearing their own costs. So it cost me my my £175 excess on a £450 scratch (that's a new car for you) but no increased premium as I had years of "protected no claim". I take some schadenfreud from the fact that the other driver probably lost more; her repair cost £269, and as she had to pay an excess of £250 she lied to save £19. A chip repair would have cost her a couple of hundred, even if she had paid for mine as I originally suggested on the night. And she probably had several years increase on subsequent renewal premiums.

    In your case, you are in a much stronger position, as it was your rear that got biffed. So speak to your insurer

    I'm unclear who has threatened to withdraw the courtesy car, but were you bounced into an overpriced rental by a parasitical 3rd party "claims management company"? Either way, speak again to your insurer direct.

    Good luck. Sometimes, however, life ain't fair, although I got off light in my case
  • usefulmale
    usefulmale Posts: 2,627 Forumite
    Stoke wrote: »
    Sure I've mentioned this story before, but I was involved in an accident when I was 18ish.

    Woman in front, very old, shouldn't have been driving in my opinion, pulls out of her daughters house (despite traffic approaching) which was located on a 60 stretch of the A34 near Stafford, starts to speed up, probably gets to about 30-40, only to then stamp on the brakes thinking she had seen her daughters dog in the rear view mirror escape from the house. I had luckily already started slowing down predicting further stupidity after seeing her pull out into 60mph traffic. Anyway, bang, she's slammed her brakes, so I slam on my brakes and stop. Unfortunately the female behind shunts me at a seriously high speed (must have been somewhere between 30-50mph). Cars written off, ambulances involved, all that !!!!.

    I openly stated to the insurance company that the person to blame was actually the woman in front. She had no legitimate reason to stop and it was a dual carriageway where you should only stop to really turn into one of the houses and her initial manoeuvre was dangerous in the first place.

    No dice, it was the woman behind fault and it was her who felt the damage from it.


    You cannot possibly know that until after the event.


    She could have started experiencing sharp and worsening pain in her chest, sudden loss of vision or even seen a sinkhole open up in the road ahead.
  • AndyMc.....
    AndyMc..... Posts: 3,248
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    usefulmale wrote: »
    You cannot possibly know that until after the event.


    She could have started experiencing sharp and worsening pain in her chest, sudden loss of vision or even seen a sinkhole open up in the road ahead.

    I think he's speaking with the experience of hindsight.
  • Stoke
    Stoke Posts: 3,182 Forumite
    usefulmale wrote: »
    You cannot possibly know that until after the event.


    She could have started experiencing sharp and worsening pain in her chest, sudden loss of vision or even seen a sinkhole open up in the road ahead.

    Right and that's all well and good.... But she didn't.
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