Someone Rear-Ended me

[Brava2001]

Hi

I was driving along this morning, and I approached a junction. I had to stop, because it wasn't clear. This stupid woman sailed straight into the back of me! She barely braked .... she just hammered into the back of my car, and shunted it forwards

She got out, and blamed ME . She said that I shouldn't have stopped, but I could see a vehicle on the main road, and it wasn't safe to proceed! . I have contacted the Police and insurance company, and I have her details. The police want nothing to do with it, as nobody has been injured. My neck is fine (at the moment), and I'm not going to lie about injuries .

Where do I stand? I have checked the Highway Code. It states that you should keep a safe distance, in case the vehicle ahead slows or stops suddenly (see attachment). I didn't stop suddenly, otherwise I would have been HARD on the brakes, and the damage would have been worse! I have 3rd Party insurance, which is worth its weight in dog poo!

Please help me

(P.S. Moderate damage to both cars)

 

[Ffoxy]

It's her fault dont worry.
As long as she cant pull some rabbit from a hat (no brake lights, driving erratically, whatever) then colliding with a stationary vehicle is her fault. Driving without due care and attention I'd say.
She may contest it so mind the Insurance companies dont try to do a "knock for knock" on you...

Her Insurance should cover the damage to your car... as long as they dont decide to write it off that is, take a good look underneath your car at the spare wheel well....

 

[StuartH]

Indeed - theres no real defence if you run into a stationary car (or into the back of a moving one for that matter). Even if it were in a blizzard on sheet ice - it's still her fault for not allowing room to stop in the distance she could see to be safe.

Don't worry, and don't accept anything less than a "no fault" settlement for yourself.

 

[Brava2001]

It's her fault dont worry.
As long as she cant pull some rabbit from a hat (no brake lights, driving erratically, whatever) then colliding with a stationary vehicle is her fault. Driving without due care and attention I'd say.
She may contest it so mind the Insurance companies dont try to do a "knock for knock" on you...

Her Insurance should cover the damage to your car... as long as they dont decide to write it off that is, take a good look underneath your car at the spare wheel well....

Hi, and thanks for replying

The car's brake lights were fine, and I wasn't driving erratically. She should have been paying attention to my car. Slowing down isn't driving erratically Thanks again

 

[Brava2001]

Indeed - theres no real defence if you run into a stationary car (or into the back of a moving one for that matter). Even if it were in a blizzard on sheet ice - it's still her fault for not allowing room to stop in the distance she could see to be safe.

Don't worry, and don't accept anything less than a "no fault" settlement for yourself.

Thanks, Stuart. I'm waiting to hear from the dappy cow ... maybe she's had a moment of clarity and woken up?

I'm worried that I might get delayed whiplash ... I feel fine at the moment .....

 

[Ffoxy]

Hi, and thanks for replying

The car's brake lights were fine, and I wasn't driving erratically. She should have been paying attention to my car. Slowing down isn't driving erratically Thanks again

No worries... check your car thoroughly though, as I said the spare wheel well, along with body shut and door close gaps + where the rear window joins the body at the lower edge.

Be prepared for a write off and a fight for as much as you can get for your loss.

WRT whiplash, you should know by later this evening or tomorrow morning.

 

[StuartH]

You may well feel sore tomorrow, but it will probably be nothing more than muscle stiffness.
Just be thankful that the worst injuries were to sheet metal and plastic

 

[Most Easterly Pandas]

:yeahthat:

Summed it up in one.

Jon.

 

[Most Easterly Pandas]

Thanks, Stuart. I'm waiting to hear from the dappy cow ... maybe she's had a moment of clarity and woken up?

I'm worried that I might get delayed whiplash ... I feel fine at the moment .....

Why are you waiting to hear from her? did you not get her insurance details?

 

[Brava2001]

Why are you waiting to hear from her? did you not get her insurance details?

Sorry I was (and I am still) in shock. I got her name, address, phone number etc, but for some reason I didn't get her insurance. However, everybody concerned knows her details .... and I know where she lives ... small world !

 

[StuartH]

Sorry I was (and I am still) in shock. I got her name, address, phone number etc, but for some reason I didn't get her insurance. However, everybody concerned knows her details .... and I know where she lives ... small world !

Only 3 rules apply when you are in an accident...

1. Make sure anyone injured is taken care of.
2. Swap insurance details
3. Never accept blame.

Just something to remember in the future

 

[Brava2001]

Only 3 rules apply when you are in an accident...

1. Make sure anyone injured is taken care of.
2. Swap insurance details
3. Never accept blame.

Just something to remember in the future

I know

I did #1 and #3 ... I refused to discuss anything with her, but I did tell her that she SHOULD have kept her distance .......

... how on earth can she be paying attention and not notice me stopping in front of her?

I'm hoping this has been a dream. I wasn't driving my Brava .... I was driving a much more expensive car to repair

 

[MikeSalt]

You might be lucky that it was a more expensive car, less chance of it being written-off outright (which is a pain, particularly if you are attached to that car). It was absolutely her fault, accept nothing less than that as a verdict.

 

[Hellcat]

Although you may have to pay upfront due to being 3rd party - you should be entitled to a hire car while the one you were in is repaired. Also if you need to take time off or incour other costs get them paid off her insurance too.

Do not try to be nice - you'll only end up getting stuffed by the insurance companies.

 

[Brava2001]

Thank you, Hellcat and MikeSalt I'll keep your words in mind!

BTW My brakes lights work fine ...... even after the crash!! She has no excuse!

 

[Rigby]

That sucks, but as everyone else has said, its completely her fault, were there any other witnesses or just you to? That could help alot. Thats whats missing from my insurance battle, been over 2 months its still going on.

I dont see how she could win though.

 

[jenks69]

Gutted for you.

It's 100% her fault. Don't worry about not having her insurance details, as long as you have the reg, your insurance should be able to deal with it. Have you contacted your insurance?

Did you get lots of pictures of the accident?

 

[The Beard]

Only 3 rules apply when you are in an accident...

1. Make sure anyone injured is taken care of.
2. Swap insurance details
3. Never accept blame.

Just something to remember in the future

A slight variation of the above.

1. Make sure anyone injured is taken care of.
2. Note down: Make, model and colour of car.
3. Note down: Registration number. (check this against the one on the tax
disc)
4. Never accept blame. (don't even say sorry as that is a tacit admission of
liability even if blame is in doubt)
5. If the Tax Disc is out of date or the reg. no. doesn't tally with the car, call
the Police.
6. Obtain the name and address of the other driver.
7. If you have a camera phone or camera, take as many pictures as you can.
8. Collapse on the floor writhing in agony (Only joking)
9. Don't worry about Insurance details as most people don't carry them with them.

Quite a lot to remember for the future.

 

[The Beard]

Just remembered, one of our neighbours was recently rear-ended. She told me
exactly what happened. The other driver later said that she swerved out in front of her just as she got to the Roundabout.

I suggested she replied by saying that she hadn't changed lanes and had been in the right hand lane for over a hundred yards; but, just before she stopped to give way she looked in her mirror and saw the driver behind looking
to his right and not at the rear of her car.

A good guess as the claim has been settled.

 

[stephen01]

i must say im a little dissapointed the message title is a little missleading

glad to hear you are okay, like already said dont try and be nice it will just bite you in the ass and end up costing you money.