Crash Advice?

[tom167]

Just wondering if anyone has any advice....

I was driving on the inside lane of a duel carriageway doing about 70 when a women in the outside pulled back in front of me, managed to cover both lanes so i couldn't swerve round her and braked so i drove into the back of her. It was approaching a right turn off the carriageway which i assumed is why she was going so slow in the outside lane. Apparently not though...

I had both feet on the brake pedal and still couldn't stop lol, she must have only been doing 30/40 odd. I couldn't even go round her as she panicked and stayed right in the middle of both lanes.

Her car (old vectra estate) would probably need a new boot, but there's not much damage to the leon, the bumpers been pushed back under the bonnet a bit, any idea on how to fix this? But other than that no damage to see really.

Just wondering where I stand with this, if anyone has any advice it would be much appreciated!

 

[sheffboy]

Tbh mate you will probably be seen as the one at fault.

If you hit someone from behind, even if it was the idiot in fronts fault, the insurance companies treat it as the rear cars fault. it sucks really.

The only way to get away with it, is to have a valid witness thats impartial and can be arsed to stop and help you.

Good luck with it.

 

[HallycupraR]

Sum silly saxo women hit me the other day aswell she entered a yellow box which had no exit for her an as i was turning right was my right of way yet she broke the law she is blaming me. Am guessing its your word against hers

 

[Havok316]

hmmm its a bit difficult but then it would probably be on her side as they will say to you "why didnt you slow down being as you seen her well in front and approaching a turn" I dont really know what to say i know these people are a pain in the backside and i would say its her fault but its always the ars*holes fault lol

 

[tom167]

Thats the problem, as i hit the back of her it looks like its my fault. But you're not left with a great deal of options when there's a dipstick nearly stationary in the middle of the road lol...

Deffo gonna be cheaper not to go through insurance though i think unfortunately

 

[ArosaRacer]

any RTC were you strike the rear of a car you are at fault as was explained to me today

 

[davet175]

thats not strictly true.
it is the driver of the first vehicle to ensure they are driving to the legal limit and if wet or adverse weather conditions they are driving within their own and the crs limits.
however as you hit her from behind it maybe that she was inthe incorrect lane and did not show any signal of moving and in this case it would be left 50/50 however the actual legal explanation is the driver behind has to show due dilligence to the vehicle in front and the vehicle in front has to show all indication of manouvering to the vehicle behind.
in all fairness it will probably come out 50/50

 

[Phil K]

If someone rolls back at a set of lights and hits you it's also your fault in the same way!

 

[tom167]

interesting davet, only problem is i'll still loose my no claims though as i dont have protected or anything...

I'm going to try and find the money to pay to sort her car but dont know about the leon. The bumpers pushed back under the bonnet but i cant work out whats bent? I think it might just be because the clips have broken off maybe.

 

[oldman]

may be worth getting the bumper of so you can see if the stress member has been affected or not, this is a great big steel bar across front to take initial impact.

i had a slight ding, and bumper was ok but stress member was of centre so at £60 i had another. I it is bent of holed, it is a weak component come another prang.

 

[sheffboy]

thats not strictly true.
it is the driver of the first vehicle to ensure they are driving to the legal limit and if wet or adverse weather conditions they are driving within their own and the crs limits.
however as you hit her from behind it maybe that she was inthe incorrect lane and did not show any signal of moving and in this case it would be left 50/50 however the actual legal explanation is the driver behind has to show due dilligence to the vehicle in front and the vehicle in front has to show all indication of manouvering to the vehicle behind.
in all fairness it will probably come out 50/50

Fair enough. but try and explain that to the insurance companies. Unless the person in front admits liability or you have an independent witness your always gunna get your pants pulled down by the insurers. I've never heard of anyone getting a payout from their insurance company after hitting someone from the rear.

 

[Cupraloon]

You can try to put your case to your insurer, tell them what happened, but unfortunetly if you hit someone from behind your deemed at fault, even if you wern't,

With this tho' as she changed lanes, you could have an good argument, if your forceful enough to carry it through, it might go in your favour but don't count on it..

Good luck tho'

 

[kez]

she's probably on another forum being told to deny any liability as it'll be given in her favour

 

[UncleFester]

Unless the police attended the scene ( they count as expert witnesses) you're entitled to knock for knock at best. Did anyone admit liability at the scene?

 

[Husbandofstinky]

Agreed with the run of this thread.

Generally, the rules are - you hit from behind - is 'your' fault.

Apparently, you're supposed to leave enough space in front of you for every eventuality. Rolling back from a junction included!

It's just one of things that you learn the hard way. I've heard of so many people running into the back of others because the one in front's stopped at a roundabout for no apparent reason - classic one .

Rightly or wrongly, coming up to a roundabout, I do not look to the right, until my entry to the roundabout is clear. It's hard, because it feels unnatural, but with so many people going up the the chuff of other's here, I still persist with it. I must admit that I do have a little peek to the right, but the focus is always on the car in front.

It's your neck as well as your wallet.

 

[welsh boy]

From my experience you're gonna need an independent witness as insurance companies see it as your fault no matter how stupid the person in front of you was driving. Last year I hit a guy at a junction who stopped dead at the red light for the oncoming traffic thinking it was for him! I got him to sign a statement but the insurance company wasn't interested because I had no witnesses. If you can find one you might get 50-50 split of blame.

Good luck

 

[tom167]

Unless the police attended the scene ( they count as expert witnesses) you're entitled to knock for knock at best. Did anyone admit liability at the scene?

No she said it was my fault when i asked her, but i did point out its a leon not a space hopper so i cant exactly jump over her when she changes lanes at will without any consideration for road users...

Its not going to be worth the gamble with insurers, if she comes back with a quote thats not too ridiculous i'll settle that way instead.

 

[Husbandofstinky]

Its not going to be worth the gamble with insurers, if she comes back with a quote thats not too ridiculous i'll settle that way instead.

Good luck with it.

Be carfeul with going through with it this way - I've heard some horror stories.

The usual one is to agree it and then they keep coming back for more, or fixes with nothing to do with the accident they've just dreamed up 'it wasn't there before the accident gov'

please be careful.....

 

[davet175]

yeah the biggest issue you have with this is that they say thats it and then come back to you for some compensation for injury as you are admitting liability best to put to a police officer or the local station for some advise

 

[Smart22186]

the only real way out.. and to cause i a huge delay ( could be needed so that you tick over into you next insurance year where you can protect no claims ) is to say that when she steped out of the car she was on her mobile.. and state that you believe she was on the phone.. they will have to do checks.. and if it works out she was its not you fault & you can claim on her, this also applies for if at any time in her journey she is found to be on the mobile.. its her fault!