Driver ran into me while stationary is now saying i braked

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  • ratrace
    ratrace Posts: 1,009 Forumite
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    edited 9 August 2018 at 7:49PM
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    I know its too late but to prevent anything like this happening in the future if i was you i would invest in a decent front and rear dash cam and get it hardwired in that way you will have proof in case of another accident


    I have a transcend one in my car the best thing i have bought yes its a tad expensive but well worth it in the long run, the ammount of people that used to sit right on my rear bumper has decreased as the can spot it through the rear screen especially some van drivers



    buy one you wont regret it
    “People are caught up in an egotistic artificial rat race to display a false image to society. We want the biggest house, fanciest car, and we don't mind paying the sky high mortgage to put up that show. We sacrifice our biggest assets our health and time, We feel happy when we see people look up to us and see how successful we are”

    Rat Race
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
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    When I went in the back of someone I tried that defence.. my insured told me to wise up it was my fault.

    You need to let your insurer deal with it
  • redux
    redux Posts: 22,976 Forumite
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    If there was a queue of traffic, then of course you would have braked and then stopped.

    I can't see how the other driver can pass off this nonsense. Usually a car hitting from behind is judged to be at fault, from following too close to be able to stop in time. Besides that, if he is asked in court whether any other cars ahead had also stopped surely his case would collapse.

    But don't get involved in any discussion. Let your insurance company deal with this - they will be far more used to dealing with revisionist liars taking a chance.
  • force_ten
    force_ten Posts: 1,931 Forumite
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    donna7017 wrote: »
    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

    even if you were moving and did suddenly brake and the following vehicle ran into the back of your car then it is still their fault

    I cant see what they think they will achieve by going down this route, es it has always been the case that if you hit the back of somebody then it is you that are at fault

    the only way that would make a difference is in a crash for cash scam where you caused the accident to profit from the insurance claim with whiplash claims
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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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

    Do you have legal cover?
  • Car_54
    Car_54 Posts: 8,213 Forumite
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    jk0 wrote: »
    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?

    If they're unhelpful, and then bump up the premium, the customer is unlikely to pay that premium and will go elsewhere. Does that really sound like a good business plan?
  • Cornucopia
    Cornucopia Posts: 16,156 Forumite
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    Car_54 wrote: »
    If they're unhelpful, and then bump up the premium, the customer is unlikely to pay that premium and will go elsewhere. Does that really sound like a good business plan?

    It's Admiral's business plan - in my personal experience.

    (Struck from behind when stationary, 100% other driver's liability, no impact on NCD but Admiral premium nearly double at renewal, other insurers all normal premium, changed to Direct Line).
  • jk0
    jk0 Posts: 3,479 Forumite
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    edited 9 August 2018 at 10:56PM
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    Car_54 wrote: »
    If they're unhelpful, and then bump up the premium, the customer is unlikely to pay that premium and will go elsewhere. Does that really sound like a good business plan?




    Thanks for trolling.

    All the insurers would take the same notice of the fault claim and bump up their premiums also.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    jk0 wrote: »
    Thanks for trolling.

    All the insurers would take the same notice of the fault claim and bump up their premiums also.

    No, not trolling, Car54 is simply disagreeing with you. Grow up.
  • ChrisK....._3
    ChrisK....._3 Posts: 920 Forumite
    edited 10 August 2018 at 10:41AM
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    You're allowed to brake. It's still the fault of the car that hit you. Any motorists know that simple rule and so do insurance companies. I'm struggling to believe they don't know that
    If I ruled the world.......
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