Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Jacarandasparrow
    • By Jacarandasparrow 13th Mar 18, 2:38 PM
    • 4Posts
    • 1Thanks
    Jacarandasparrow
    Crashed into a car that had alreay crashed....
    • #1
    • 13th Mar 18, 2:38 PM
    Crashed into a car that had alreay crashed.... 13th Mar 18 at 2:38 PM
    Sunday night, coming round a bend, I hit a car that had itself already just crashed. When I hit it, the other car was half on, half off the road, at right angles to the carriageway, with backend to the road, on my side of the road. The front nearside of my car hit the rear nearside of his car, spinning him round 180 degrees, so that he ended up front facing to the road.


    Thankfully I'm uninjured, and the other driver's injuries are apparently not too serious. Astonished to find that my insurers consider this my fault - that in their view the other car was "parked". Is this right? They are saying that they will have to pay for the damage to the other driver's car, but all of the damage to his front end (extensive) was caused by his own solo accident going off the road before I even came along?


    Any thoughts would be appreciated - is it worth fighting?
Page 1
    • Le_Kirk
    • By Le_Kirk 13th Mar 18, 2:42 PM
    • 2,676 Posts
    • 1,542 Thanks
    Le_Kirk
    • #2
    • 13th Mar 18, 2:42 PM
    • #2
    • 13th Mar 18, 2:42 PM
    We spend a lot of time asking people on the main Motoring forum to post parking ticket issues on this sub-forum but actually this is more suited to the main Motoring forum. Send a PM to Crabman, Soolin or Savvy and ask them to move it. You will get a much better response.
    • Jacarandasparrow
    • By Jacarandasparrow 13th Mar 18, 2:50 PM
    • 4 Posts
    • 1 Thanks
    Jacarandasparrow
    • #3
    • 13th Mar 18, 2:50 PM
    • #3
    • 13th Mar 18, 2:50 PM
    Oh, sorry - didn't realize I'd posted it here. My mistake! Thanks for the advice
    • spadoosh
    • By spadoosh 13th Mar 18, 2:51 PM
    • 5,155 Posts
    • 6,918 Thanks
    spadoosh
    • #4
    • 13th Mar 18, 2:51 PM
    • #4
    • 13th Mar 18, 2:51 PM
    Doesnt matter if a car is parked, crashed or a child is playing in the road. You hit it, expect to be blamed for it.

    I think youll struggle to convince anyone you couldnt react to a stationary object partially blocking the road.

    A google map location might suggest otherwise.
    Don't be angry!
    • PasturesNew
    • By PasturesNew 13th Mar 18, 3:00 PM
    • 62,486 Posts
    • 365,986 Thanks
    PasturesNew
    • #5
    • 13th Mar 18, 3:00 PM
    • #5
    • 13th Mar 18, 3:00 PM
    Doesnt matter if a car is parked, crashed or a child is playing in the road. You hit it, expect to be blamed for it.
    Originally posted by spadoosh
    This is the bottom line. No matter what was round that corner you should've been driving in a way that meant you'd not hit anything you encountered.

    You were unlucky .... we can't all crawl round corners at 20mph "just in case" and do have to take a certain amount of assumption into our driving decisions ..... but the bottom line always comes down to "he wasn't moving, you hit it".
    • telemarks
    • By telemarks 13th Mar 18, 3:13 PM
    • 163 Posts
    • 116 Thanks
    telemarks
    • #6
    • 13th Mar 18, 3:13 PM
    • #6
    • 13th Mar 18, 3:13 PM
    Doesnt matter if a car is parked, crashed or a child is playing in the road. You hit it, expect to be blamed for it.
    Originally posted by spadoosh
    Yep exactly, your fault. Could be a dancing pink elephant in the road, if you were travelling faster than the distance you can see to stop, and hit something not moving, its your fault.

    Happened to my wife many years ago. In fog, on stright B road, she stopped as she saw a two car accident blocking the road ahead, people trapped, police car, ambulence arriving blues and twos etc. Before she got her hazzards on, a car behind hit her at approx 60mph, turning a large estate car into a small hatchback.

    The police officer walked up the road to check my wife was OK, and then verbally balled out the second driver who reared her. That other driver was done for dangerous driving, but only got 6points on her licence. I shudder to think what would have happened if my wifes car was not there.

    Consider yourself lucky if its just the insurance after you...
    • Jacarandasparrow
    • By Jacarandasparrow 13th Mar 18, 3:16 PM
    • 4 Posts
    • 1 Thanks
    Jacarandasparrow
    • #7
    • 13th Mar 18, 3:16 PM
    • #7
    • 13th Mar 18, 3:16 PM
    Ok, thanks for the replies. A bit galling, but I understand the reasoning.


    Thankful that it wasn't a lot worse - another motorist had stopped to help the driver of the first car and was crossing the carriageway when I came round the bend; could have easily hit him had he been a few feet further across.
    • maisie cat
    • By maisie cat 13th Mar 18, 3:20 PM
    • 396 Posts
    • 473 Thanks
    maisie cat
    • #8
    • 13th Mar 18, 3:20 PM
    • #8
    • 13th Mar 18, 3:20 PM
    Somebody hit me whilst I was stationery waiting to turn right and it was deemed knock for knock because apparently I shouldn't have been in the middle of the road stationery. It was the only accident I've had in 35 years of driving so I didn't have any means to challenge it
    • Jacarandasparrow
    • By Jacarandasparrow 13th Mar 18, 3:23 PM
    • 4 Posts
    • 1 Thanks
    Jacarandasparrow
    • #9
    • 13th Mar 18, 3:23 PM
    • #9
    • 13th Mar 18, 3:23 PM
    Somebody hit me whilst I was stationery waiting to turn right and it was deemed knock for knock because apparently I shouldn't have been in the middle of the road stationery. It was the only accident I've had in 35 years of driving so I didn't have any means to challenge it
    Originally posted by maisie cat

    Where were you supposed to wait to turn right??
    • Crabman
    • By Crabman 13th Mar 18, 11:38 PM
    • 9,671 Posts
    • 7,090 Thanks
    Crabman
    I've moved this thread over to the Motoring Board
    I'm a Board Guide on the Savings & Investments, ISAs & Tax-free Savings, Public Transport & Cycling, Motoring and Parking Fines, Tickets & Parking Boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Board Guides are not moderators & don't read every post. If you spot a contentious or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Views are mine and not the official line of MoneySavingExpert.com

    • Money_Grabber13579
    • By Money_Grabber13579 13th Mar 18, 11:53 PM
    • 2,877 Posts
    • 1,388 Thanks
    Money_Grabber13579
    If I understand the OP correctly, is the issue not that the insurance company is saying that they will have to pay for the damage caused to the rear of the OP!!!8217;s car but also the front of the OP!!!8217;s car, which was caused by the earlier accident? If so, the second part seems very unfair, but perfectly valid in the first part.
    Northern Ireland club member No 382
    • Joe Horner
    • By Joe Horner 14th Mar 18, 12:06 AM
    • 4,354 Posts
    • 3,825 Thanks
    Joe Horner
    If I understand the OP correctly, is the issue not that the insurance company is saying that they will have to pay for the damage caused to the rear of the OP!!!8217;s car but also the front of the OP!!!8217;s car, which was caused by the earlier accident? If so, the second part seems very unfair, but perfectly valid in the first part.
    Originally posted by Money_Grabber13579
    The value of the payout really makes no difference to the Op though - if his insurer decides it's easier / cheaper to pay for the full damage then that's their prerogative.

    Since there was no time to assess the damage from the original accident where would you even start breaking it down without a full blown aircraft-style accident investigation?

    The difference on his insurance record between a (say) £3k damage payout or £10k write-off payout will be negligible to nil.
    • IanMSpencer
    • By IanMSpencer 14th Mar 18, 7:09 AM
    • 1,462 Posts
    • 1,080 Thanks
    IanMSpencer
    The point is it is your fault because you should drive at the speed that you can see to stop. Many people don't but Roadcraft/Advanced Driving give a technique that allows you to do so, and it doesn't make that much difference. As you were driving too fast for the road conditions the second collision is entirely your fault as is the consequential damage.

    Think of it differently. Imagine 5 different reasons why a vehicle might have stopped in the same place - e.g. breakdown, a queue of traffic after an accident further down the road... and you would have still hit them.
    • AndyMc.....
    • By AndyMc..... 14th Mar 18, 7:29 AM
    • 1,365 Posts
    • 931 Thanks
    AndyMc.....
    You hit a stationary object and there!!!8217;s really not much more to say.
    • Svein Forkbeard
    • By Svein Forkbeard 14th Mar 18, 7:58 AM
    • 261 Posts
    • 748 Thanks
    Svein Forkbeard
    Congratulations to the OP who has accepted and taken on board the advice given on here gracefully. We don't get many of them.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • AdrianC
    • By AdrianC 14th Mar 18, 8:18 AM
    • 17,393 Posts
    • 15,739 Thanks
    AdrianC
    If I understand the OP correctly, is the issue not that the insurance company is saying that they will have to pay for the damage caused to the rear of the OP's car but also the front of the OP's car, which was caused by the earlier accident? If so, the second part seems very unfair, but perfectly valid in the first part.
    Originally posted by Money_Grabber13579
    That's chinese whispers.

    The OP is liable for the damage they caused to the vehicle as it was immediately before they hit it.

    So if the other driver's insurer repairs the front end, the OP's insurer is liable for damage to the back end.
    If the other driver's insurer writes the car off for the front end damage, the OP's insurer is liable for any reduction in salvage value because of the damage to the back end.

    Either way, it's minimal difference for the OP - they have an at-fault claim against them, and that's the expensive bit.

    Drive at a speed you can stop in the distance you can SEE to be clear.
    • agrinnall
    • By agrinnall 14th Mar 18, 8:22 AM
    • 20,151 Posts
    • 15,874 Thanks
    agrinnall
    This safety advert is being shown a lot on TV and in cinemas at the moment, while it refers to corners on country roads it seems to be appropriate to the OP's situation too.

    https://www.youtube.com/watch?v=B5gwkzsggHI
    • Deastons
    • By Deastons 14th Mar 18, 8:59 AM
    • 198 Posts
    • 114 Thanks
    Deastons
    There's a country road near me that has a long, sharp left-hand bend and then immediately a set of traffic lights - no signs or warning.

    Every time I'm sitting there on a red light I just stare into my rearview mirror waiting for someone to plough into the back of me. People definitely drive too fast for the conditions of the road.

    For the OP to have hit the car hard enough to spin it 180 degrees, they must have been going far too fast for the bend. It's lucky no-one was badly hurt.
    • AndyMc.....
    • By AndyMc..... 14th Mar 18, 9:11 AM
    • 1,365 Posts
    • 931 Thanks
    AndyMc.....
    There's a country road near me that has a long, sharp left-hand bend and then immediately a set of traffic lights - no signs or warning.

    Every time I'm sitting there on a red light I just stare into my rearview mirror waiting for someone to plough into the back of me. People definitely drive too fast for the conditions of the road.

    For the OP to have hit the car hard enough to spin it 180 degrees, they must have been going far too fast for the bend. It's lucky no-one was badly hurt.
    Originally posted by Deastons
    Or be significantly greater in mass.
    • AdrianC
    • By AdrianC 14th Mar 18, 9:30 AM
    • 17,393 Posts
    • 15,739 Thanks
    AdrianC
    Or be significantly greater in mass.
    Originally posted by AndyMc.....
    Or both...
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,203Posts Today

7,406Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin