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  • FIRST POST
    • donna7017
    • By donna7017 9th Aug 18, 6:45 PM
    • 4Posts
    • 0Thanks
    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 2
    • ChrisK.....
    • By ChrisK..... 10th Aug 18, 1:11 AM
    • 155 Posts
    • 85 Thanks
    ChrisK.....
    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
    Last edited by ChrisK.....; 10-08-2018 at 10:41 AM.
    • the gardener
    • By the gardener 10th Aug 18, 1:39 AM
    • 48 Posts
    • 5 Thanks
    the gardener
    I think the phrase "not maintaining an effective braking distance"
    seems relevant.
    I never totally understood how you can be an blameless victim and still end up having your premium increased. Insurers have complaints procedures and then the ombudsman .....use them.
    Persistence wins in my experience.
    • peter12345678910
    • By peter12345678910 10th Aug 18, 6:14 AM
    • 284 Posts
    • 61 Thanks
    peter12345678910
    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.
    Originally posted by Enterprise 1701C
    The second exception would be if a car hits the back of your car and then you hit the back of another car.
    When you look into an abyss, the abyss also looks into you.

    Friedrich Nietzsche
    • peter12345678910
    • By peter12345678910 10th Aug 18, 6:18 AM
    • 284 Posts
    • 61 Thanks
    peter12345678910
    Your 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
    Originally posted by ChrisK.....
    Especially when a good Samaritan decides to suddenly stop and give way to a car forcing all the cars behind to forcibly stop.
    When you look into an abyss, the abyss also looks into you.

    Friedrich Nietzsche
    • Cornucopia
    • By Cornucopia 10th Aug 18, 7:41 AM
    • 10,460 Posts
    • 10,603 Thanks
    Cornucopia
    Apparently this phenomenon of raising premiums after no fault claims is well known in the Media.

    http://www.thisismoney.co.uk/money/cars/article-3052191/How-drivers-insurance-costs-soar-no-fault-accidents-don-t-claim.html

    Admiral and its various brands are mentioned a lot, though many articles state that other insurers do the same.

    Someone on Honest John forums even refers to "Rear Admiral", which seems pithily appropriate.
    Last edited by Cornucopia; 10-08-2018 at 7:43 AM.
    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
    • Bigphil1474
    • By Bigphil1474 10th Aug 18, 8:00 AM
    • 851 Posts
    • 362 Thanks
    Bigphil1474
    Car Insurers seem to have their own rules, whilst living on their own planet. I was rear ended by another car whilst stationary at traffic lights in 2013, my claim went through a 3rd party claim company via my insurer, car written off, nothing through my insurance, just noted. On renewal, price was similar, no probs, 12 months later, renewal quote doubled for no reason.
    I was with Zurich for about 10 years from about 1994 onwards as I was paying a reasonable price, and renewal sometimes stayed same, sometimes even went down a bit as I built my ncb. In the last 10 years, I've had to change providers at least 8 times due to stupid price increases for no reason. Haven't had a fault claim in 18 years. Even if you ask them why it's gone up, nobody seems to know. Only explanation I can think of is they think we're idiots who will happily pay an extra 70/80% for the same product.
    • westernpromise
    • By westernpromise 10th Aug 18, 10:00 AM
    • 4,252 Posts
    • 5,521 Thanks
    westernpromise
    Admiral did that to me. Cyclist ploughed into me, cuts and scrapes but nothing significant nor any damage to my car, he admitted it was his fault; Admiral declared it was nil cost and my fault and loaded the premium. I'm now with Axa.

    NCB is a ripoff too. If you claim, your NCB is protected but they can still double the premium to which the NCB deduction is applied.
    Buying a house, if you believe the market has a way to fall, or if you are paying sill asking prices ( like some sheeple ) or if you are buying in London, is now a massive financial gamble!!!!! - June 8, 2012 by TheCountOfNowhere
    • ChrisK.....
    • By ChrisK..... 10th Aug 18, 10:44 AM
    • 155 Posts
    • 85 Thanks
    ChrisK.....
    If you think that a car pulling up suddenly is an excuse for running into the back of aof it you are mistaken - Thats THE LAW!

    Especially when a good Samaritan decides to suddenly stop and give way to a car forcing all the cars behind to forcibly stop.
    Originally posted by peter12345678910
    • ChrisK.....
    • By ChrisK..... 10th Aug 18, 10:49 AM
    • 155 Posts
    • 85 Thanks
    ChrisK.....
    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


    Car Insurers seem to have their own rules, whilst living on their own planet.
    Originally posted by Bigphil1474
    • elsien
    • By elsien 10th Aug 18, 10:57 AM
    • 16,882 Posts
    • 42,621 Thanks
    elsien
    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
    Are you sure the hire car being taken back is to do with liability? When I wrote my car off, I had a hire car until the write off figure was agreed. As soon as I had the money my hire car was taken back and I had to get a new car.

    Then someone drive into the back of the new car when I stopped at an island and tried to blame me for stopping too soon. As soon as insurers got involved, it was declared 100% his liability.

    If someone goes into the back of you it's their own fault. They should be driving carefully enough to stop before hitting you. You need to take this to your own insurance to fight rather than trying to do it in your own.
    Last edited by elsien; 10-08-2018 at 11:02 AM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Cornucopia
    • By Cornucopia 10th Aug 18, 11:16 AM
    • 10,460 Posts
    • 10,603 Thanks
    Cornucopia
    Are you sure the hire car being taken back is to do with liability? When I wrote my car off, I had a hire car until the write off figure was agreed. As soon as I had the money my hire car was taken back and I had to get a new car.
    Originally posted by elsien
    The hire car will have been provided by the other party's insurer or their accident management company. They were prepared to do that whilst their client was accepting responsibility because it was cheaper for them to provide the car themselves rather than the cost being later claimed by the OP's insurance company.

    As soon as the other party denied responsibility, it was no longer sensible for them to provide the hire car, because it would no longer be supported by their insured party's liability. Therefore, they took the car back.
    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
    • Nasqueron
    • By Nasqueron 10th Aug 18, 12:32 PM
    • 5,199 Posts
    • 3,147 Thanks
    Nasqueron
    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.
    • Enterprise 1701C
    • By Enterprise 1701C 10th Aug 18, 12:45 PM
    • 19,825 Posts
    • 211,750 Thanks
    Enterprise 1701C
    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
    Originally posted by ChrisK.....
    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
    • By Stoke 10th Aug 18, 1:07 PM
    • 2,502 Posts
    • 1,932 Thanks
    Stoke
    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.
    • Enterprise 1701C
    • By Enterprise 1701C 10th Aug 18, 1:17 PM
    • 19,825 Posts
    • 211,750 Thanks
    Enterprise 1701C
    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
    • By Stoke 10th Aug 18, 1:23 PM
    • 2,502 Posts
    • 1,932 Thanks
    Stoke
    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,
    Originally posted by Enterprise 1701C
    Is that at the OP or me?
    • Nasqueron
    • By Nasqueron 10th Aug 18, 1:39 PM
    • 5,199 Posts
    • 3,147 Thanks
    Nasqueron
    Is that at the OP or me?
    Originally posted by Stoke
    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
    • By AlexMac 10th Aug 18, 3:59 PM
    • 2,097 Posts
    • 1,832 Thanks
    AlexMac
    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
    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
    • By usefulmale 10th Aug 18, 7:32 PM
    • 2,446 Posts
    • 4,492 Thanks
    usefulmale
    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.
    Originally posted by Stoke

    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.
    Signature removed by ForumTeam again
    • AndyMc.....
    • By AndyMc..... 10th Aug 18, 7:44 PM
    • 2,046 Posts
    • 1,244 Thanks
    AndyMc.....
    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.
    Originally posted by usefulmale
    I think he's speaking with the experience of hindsight.
    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
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