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  • FIRST POST
    • donna7017
    • By donna7017 9th Aug 18, 6:45 PM
    • 4Posts
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    donna7017
    Driver ran into me while stationary is now saying i braked
    • #1
    • 9th Aug 18, 6:45 PM
    Driver ran into me while stationary is now saying i braked 9th Aug 18 at 6:45 PM
    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?
Page 1
    • AndyMc.....
    • By AndyMc..... 9th Aug 18, 6:48 PM
    • 2,468 Posts
    • 1,516 Thanks
    AndyMc.....
    • #2
    • 9th Aug 18, 6:48 PM
    • #2
    • 9th Aug 18, 6:48 PM
    Where did they hit you?
    Hi there! Weve had to remove your signature. Please check the Forum Rules if youre unsure why its been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • Cornucopia
    • By Cornucopia 9th Aug 18, 6:52 PM
    • 10,786 Posts
    • 11,193 Thanks
    Cornucopia
    • #3
    • 9th Aug 18, 6:52 PM
    • #3
    • 9th Aug 18, 6:52 PM
    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.
    I'm a Board Guide on the Phones & TV, Techie Stuff, In My Home,
    The Money Savers Arms and Food Shopping boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views (especially those on the UK TV Licence) are mine and not the official line of moneysavingexpert.com.

    Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com
    • donna7017
    • By donna7017 9th Aug 18, 7:09 PM
    • 4 Posts
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    donna7017
    • #4
    • 9th Aug 18, 7:09 PM
    • #4
    • 9th Aug 18, 7:09 PM
    Ran straight into the back of me
    • AndyMc.....
    • By AndyMc..... 9th Aug 18, 7:11 PM
    • 2,468 Posts
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    AndyMc.....
    • #5
    • 9th Aug 18, 7:11 PM
    • #5
    • 9th Aug 18, 7:11 PM
    Ran straight into the back of me
    Originally posted by donna7017
    His fault then.

    Did you go with your insurance company cause they were cheap and do you have legal cover?
    Hi there! Weve had to remove your signature. Please check the Forum Rules if youre unsure why its been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • unholyangel
    • By unholyangel 9th Aug 18, 7:14 PM
    • 12,844 Posts
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    unholyangel
    • #6
    • 9th Aug 18, 7:14 PM
    • #6
    • 9th Aug 18, 7:14 PM
    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.
    Originally posted by Cornucopia
    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.
    Money doesn't solve poverty.....it creates it.
    • donna7017
    • By donna7017 9th Aug 18, 7:17 PM
    • 4 Posts
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    donna7017
    • #7
    • 9th Aug 18, 7:17 PM
    • #7
    • 9th Aug 18, 7:17 PM
    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
    • By donna7017 9th Aug 18, 7:18 PM
    • 4 Posts
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    donna7017
    • #8
    • 9th Aug 18, 7:18 PM
    • #8
    • 9th Aug 18, 7:18 PM
    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
    • By Cornucopia 9th Aug 18, 7:25 PM
    • 10,786 Posts
    • 11,193 Thanks
    Cornucopia
    • #9
    • 9th Aug 18, 7:25 PM
    • #9
    • 9th Aug 18, 7:25 PM
    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.
    I'm a Board Guide on the Phones & TV, Techie Stuff, In My Home,
    The Money Savers Arms and Food Shopping boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views (especially those on the UK TV Licence) are mine and not the official line of moneysavingexpert.com.

    Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com
    • Enterprise 1701C
    • By Enterprise 1701C 9th Aug 18, 7:26 PM
    • 20,201 Posts
    • 214,090 Thanks
    Enterprise 1701C
    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
    • By jk0 9th Aug 18, 7:33 PM
    • 2,529 Posts
    • 25,538 Thanks
    jk0
    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?
    • ratrace
    • By ratrace 9th Aug 18, 7:45 PM
    • 640 Posts
    • 439 Thanks
    ratrace
    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
    Last edited by ratrace; 09-08-2018 at 7:49 PM.
    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
    • By glentoran99 9th Aug 18, 7:58 PM
    • 5,476 Posts
    • 4,661 Thanks
    glentoran99
    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
    • By redux 9th Aug 18, 8:03 PM
    • 18,556 Posts
    • 24,771 Thanks
    redux
    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
    • By force ten 9th Aug 18, 8:31 PM
    • 1,712 Posts
    • 1,144 Thanks
    force ten
    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
    Originally posted by donna7017
    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.....
    • By AndyMc..... 9th Aug 18, 8:45 PM
    • 2,468 Posts
    • 1,516 Thanks
    AndyMc.....
    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
    Originally posted by donna7017
    Do you have legal cover?
    Hi there! Weve had to remove your signature. Please check the Forum Rules if youre unsure why its been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • Car 54
    • By Car 54 9th Aug 18, 10:34 PM
    • 3,417 Posts
    • 2,094 Thanks
    Car 54
    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?
    Originally posted by jk0
    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
    • By Cornucopia 9th Aug 18, 10:42 PM
    • 10,786 Posts
    • 11,193 Thanks
    Cornucopia
    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?
    Originally posted by Car 54
    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).
    I'm a Board Guide on the Phones & TV, Techie Stuff, In My Home,
    The Money Savers Arms and Food Shopping boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views (especially those on the UK TV Licence) are mine and not the official line of moneysavingexpert.com.

    Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com
    • jk0
    • By jk0 9th Aug 18, 10:48 PM
    • 2,529 Posts
    • 25,538 Thanks
    jk0
    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?
    Originally posted by Car 54



    Thanks for trolling.

    All the insurers would take the same notice of the fault claim and bump up their premiums also.
    Last edited by jk0; 09-08-2018 at 10:56 PM.
    • Mercdriver
    • By Mercdriver 10th Aug 18, 12:58 AM
    • 2,050 Posts
    • 1,397 Thanks
    Mercdriver
    Thanks for trolling.

    All the insurers would take the same notice of the fault claim and bump up their premiums also.
    Originally posted by jk0
    No, not trolling, Car54 is simply disagreeing with you. Grow up.
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