Who is at fault here

[rapidyellow]

On my way home from a friends on sunday and on a wet road with corners, I saw a red warning triangle, the type that comes with new cars, so although I was only plodding along anyway at the time I slowed down expecting a broken down car at the corner, as I got to the corner there were police cars, a policeman stopping traffic so I stopped, ahead among the police were two crashed cars in the hedge.

The car behind moments later didnt see any of those things and hit me square from behind, probably at around 30mph - I was at a standstill.


To get a view point of others, whose fault was it? please be honest.


given the speed of the impact, would that driver be able to say my car was not damaged in any way? - a quick look at the back of it just shows the bumper splayed out at each side, the tailgate was pushed in, the boot floor has crumpled so much the spare wheel is trapped, the tailgate just below the window line is creased, yet the paintwork is hardly scratched.

a local body repair place saw it on monday and said it woudl cost circa £2k for a repair, cost of car was £600, so therefore a write off - I am using an accident management company, and the other driver claims I had no damage.

[luckyseven]

It's the guy who hit you's fault. He is under an obligation to drive at a speed where he can be sure to stop short of any obstacle, hazard or other traffic.

No grey area, it's down to him, even if you just stopped to let a badger cross the road or whatever. With all the clues he'd already received that there were hazards ahead.... like the warning triangle (presumably) blue flashing lights, and your own brakelights, he's got even less excuse

I'd have thought if there were old Bill there already they must have had an opinion on it at the time?

[colnerov]

Hi, you were stopped under police instructions who it might be argued considered it safe to stop you there. If the other driver thought you were stopped in a dangerous position then he should take it up with the police himself. As to him denying you had any damage then he is on shaky ground because you have had the car inspected and assessed. He is trying to wriggle out of it or at the very least muddy the waters.

Colin

[GT4ME]

His fault unless light was poor and you didn't have lights on.

[duggers]

His fault 100% no arguments no excuses.

Blaming third parties for your own driving ineptitude doesn't fly.

[rapidyellow]

I have since been told he is debating the damage that my car has got, from a few feet back and at first glance, - I agree it doesnt look bad, but open the boot and look into the rear panel and boot floor, its a different story, the bumper will have bent in, pushed the boot floor and panel with it then the bumper has come back to its proper shape, except the ends, yet the TP says I had no damage at all to mr car and he has pics to show, those pics will show the minimal damage that cannot be seen, ie, in the boot.


I expect the front of his might have had damage, front panels, front of bonnet etc, radiator grille, I didnt look at his in any detail, or take pics just a glance at it cos the mood I was in I coulda clouted him for what he did.

[93fxdl]

Unless things have changed, you run into the back of another vehicle, its your fault, the only exemption being if they reverse into you,
If he is whinging about the damages to your car, just wait till you mention compensation for your personal injuries and distress,
Ttfn Glenn

[fireflyspeedshop]

Like everyone has said^

I personally have training in apportioning Liability, and Road traffic law specifically.

Regardless as to why you were stationary.. unless there are some pretty unusual circumstances.. which there were not.

( JUST so people are aware, MOTORWAY Rules are different and Liability can be spread. In simple terms, you had better have a very good reason to be stationary in a LIVE lane of the motorway ( unless sat in traffic obviously ) ) Its easily put down to YOUR Fault for causing an accident on a motorway for leaving a car in a live lane, with flowing traffic with no rear lights showing, ESP at night. In addition to driving offences. ( in simple terms )

Now as to disputing the damage:

Its also pretty simple.

Your claims management company will stick an 'estimate' of costs on the desk of his insurers. If he gives them a good enough story as to there being little or no damage, they ARE legally entitled to photographic evidence/enginers report/sending their own engineer .

- According to your description of things it pretty open and shut, Market value + PI claim.

[ontheedge]

What about personal injury to your neck etc.

[Deleted]

As above and lose of the use of the car,alternate transport costs.

[MiataMark]

This reminds me of an accident I had in a 3 day old company car (Cortina MKIV), driving round a corner in the winter the road was icy, car coming the other way spun and hit me rear end first. Police arrived and thought I'd hit him, wasn't until one of the policemen fell over on the sheet ice and another car rear ended a car in the ensuing queue that they finally realised quite how bad the ice was.

I wasn't popular turning up at the office, even though it wasn't my fault and I was driving on business...

[VIP]

Aug 3, 2015 12:11:17 GMT ontheedge said:

What about personal injury to your neck etc.

What about it? The OP hasn't complained of neck injury.

[andyf]

Aug 6, 2015 8:37:58 GMT VIP said:

Aug 3, 2015 12:11:17 GMT ontheedge said:

What about personal injury to your neck etc.

What about it? The OP hasn't complained of neck injury.

Quite. False claims are disgraceful and only serve to push up premiums. If OP has been genuinely hurt then fair enough, if not then posting comments that could be seen to be encouraging a dodgy claim is well out of order.

And Rapidyellow, as everyone else has said, you are in no way to blame.

[Battles]

I've been on the other side of this, I rattled into the back of someone at low speed and then my insurance company got an estimate through for thousands so they asked me to tell them what I saw.
When I spoke to them later their own engineer had inspected the car I hit and it was legit so maybe your man isn't being a dick, his insurers are just being thorough. Your insurers should be happy to share the photos and stuff whoever prepared the estimate sent them and this will all be sorted out.

As above, don't be a dick with the personal injury claim...

[eternaloptimist]

Aug 7, 2015 8:39:27 GMT andyf said:

Aug 6, 2015 8:37:58 GMT VIP said:

What about it? The OP hasn't complained of neck injury.

Quite. False claims are disgraceful and only serve to push up premiums. If OP has been genuinely hurt then fair enough, if not then posting comments that could be seen to be encouraging a dodgy claim is well out of order.

And Rapidyellow, as everyone else has said, you are in no way to blame.

Spot on.

If I had a pound for every idiot calling me to tell me that I should be claiming for a neck injury, that the money was mine, that it goes to a bigger Christmas party at the insurers if I don't claim and no, of course claims like this don't cause premiums to increase.....I'd have quite a lot of pound coins now.

[tickman]

I was hit while stationary in a M reg Corsa, looking at it the only thing wrong with it was the numberplate light had popped out of the bumper, it had creased the boot floor.
As said you were stationary and he hit you, can only be his fault.

John

[rapidyellow]

thanks for all the replies

I proceeded with the claim by an accident management company and they have been really good

an engineer came to see my car and determined it to be a Cat C write off, therefore a courtesy car was issued.

I have been offered £1000 as the car value pre-crash, and I can buy the car back [or keep it] for just £30, so I will at some point be getting a cheque for £970, I am happy with that, but all of this has been stressfull, upsetting and inconvenient.

The third party thinks my car was not damaged at all, so is still questioning that, but has admitted liability for the crash.


On the night of my crash, I had a sore middle back, the next day I went to the docs and was given codiene for the pain, over a week later the pain was still the same sometimes worse, so I went back to the docs and they upped the prescription, this pain continues, sometimes not so bad, other times terrible, not in my neck but my middle [and sometimes upper] back. I HAVE set up a PI Claim, its not in my nature to do that and I never have before, I want physio and something to make the pain go away.

Also, when driving, whenever I look in my rear view all I see is that damn silver car going right in the back of me, I dread stopping suddenly, and thinking the car behind is going to run into me, its making driving less fun that it was prior to my bump.

[mertzman]

Aug 14, 2015 11:15:39 GMT rapidyellow said:

On the night of my crash, I had a sore middle back, the next day I went to the docs and was given codiene for the pain, over a week later the pain was still the same sometimes worse, so I went back to the docs and they upped the prescription, this pain continues, sometimes not so bad, other times terrible, not in my neck but my middle [and sometimes upper] back. I HAVE set up a PI Claim, its not in my nature to do that and I never have before, I want physio and something to make the pain go away.

Also, when driving, whenever I look in my rear view all I see is that damn silver car going right in the back of me, I dread stopping suddenly, and thinking the car behind is going to run into me, its making driving less fun that it was prior to my bump.

Sorry to hear about your back pain. I live with a bad back so know how painful that can be!  


I can also empathise with your feelings getting back on the road. I was swiped by an HGV and have felt a little touchy going by them ever since. 

[dodgerover]

Me too with the back pain, i ended up with acute pain for over a year from a low speed accident while I was stationary, it made matters far worse than they already were - the 2k payout didn't go anywhere near covering the time I lost at work and not being able to pick my new born twins. If you can get some recommendations for massage therapists they've done more for my back than the nhs physios ever did.

If the pain is really bad then try asking for tramadol or gabbapentin but beware they have side effects and I get mild withdrawal from tramadol when I go to a lower dosage

[rapidyellow]

well this is still ongoing, we have had to sign another agreement for the courtesy car as we have had it for over 75 days

so basically the guy has admitted liability for crashing into the back of me, but refuses to accept that my car is damaged!! because I drove it away [bumper rubbing wheel!]

reports have been sent in, which contain details on the structure of my car and measurements etc, and that the car is a total loss given the cost of potential repair.

how on earth can he think hitting a stationary car at circa 30mph will have left it with no damage? unbelieveable!!

and I am wondering why his insurance company have not sent somebody out to look at it?

this happened on the 26th July and here I am now 16th October wondering WTF? some of you forum members may have had somebody crash into you, how long do these things take?