stann01

on the way home from work this morning not a busy road overtaken this chap in a tatty old 205, not a problem i thought till i decided to stop for a junction and he never
totally caved my rear end in.
he confessed at the scene he was at fault later he phoned to get somemore details off me and i asked why he never stopped in time, he said i overtaken him and he could not as i stopped so quickly he braked and slid into the back of me, i said your at fault coz he rear ended me but he said hes not admiting liability, where do i stand?
i`ve been told by my insurer hes at fault .
will check back later to see what you guys think.
been also told to get the police involved too.

Tidgy

depends how far away from junction were you when you overtook? did you have to slam anchors on to get past him and then brake in time?

GaryK

He sounds like a complete ****, so basically he was racing to keep up with you, what is it with d1cks in tatty old cars that have about 30hp that wanna race you all the time? They dont realise fast cars go quick and stop quick!

I cant see how he has any mitigating circumstances, you probably have legal cover in your policy and you *may* have to use that.

Tidgy

also, bear in mind you can get your car taken to anywhere you want to get it repaired, get it to a specialist like scoobyclinic (where my old one was taken).

STi wanna Subaru

iTrader: (1)

I don't know how you've made this judgement? Other than you wan tto side with a person who owns a Subaru. My guess is the Subaru driver raced to overtake... lights went red as he pulled in so had to slam on. Bloke hits him from behind! Scoob driver is a complete *****!!

Oh I just made all that up as I have no idea what happened

STi wanna Subaru

iTrader: (1)

Oh and add in I think the Scoob driver is young and has a very poor grasp of English. Definitely his fault! Boy racers

MikeCardiff

iTrader: (2)

Typical of people now - wont take any responsibility for their own mistakes - especially in accidents it seems the standard thing to say 'I'm not admitting liability' even when they know damn well it was their fault.

Priceless example of this - my wife got hit a couple of days ago by a bus - she was in the right hand lane, he was in the left and decided to change lane without indicating or checking his mirrors - even though she stood on the brakes the bus still pushed her across the road into a parked car.

Result is shes OK, but both sides of the MG are fxxked and it'll probably be written off.

At first the driver wouldnt give her any details apart from his bus number, and was about to drive off, but her and the bloke in the parked car called the cops and they came out and took his details and breathalysed him.

First thing he said was 'its not my fault and I'm not admitting liability' - despite having a bus full of witnesses, loads of other cars at the scene, CCTV on the bus and at the road where it happened - and the copper telling him it was his fault !

We're still waiting to hear back from the bus company once they have reviewed the onboard CCTV to see if they are going to admit liability or try and contest it.

Hopefully the tw@t of a driver will be sacked as if he cant even manage the basic MSM before changing lanes he shouldnt be on the road.

ewanrw

If you were rear ended, it is their fault as it is their responsibility to ensure they have enough room to stop.

Basic Highway Code stuff.

SteveScooby

iTrader: (2)

To be fair his company have probably told all their drivers to deny liability no matter how obvious it is, still a ****ty thing to happen though,

Giddy

Well you would think so but if someone overtakes you, nips back in pretty sharpish and then pulls to a sudden stop that might change things somewhat i would think.

I am not saying this is how it was because i wasnt there so cant say that and whatever i am real sorry to hear about your car Stann01.

Peanuts

iTrader: (15)

in some insurance documents it has been known to be stated that "drivers should not under any circumstances admit liability"

ewanrw

Surely if you are approaching a junction you should be preparing stop or do you just batter on thru' and hope no-one is coming ?

I know what option I take.

"Yes officer the Scoob overtook me and then slowed for the approaching junction, I thought bugger it and decided to teach the scoob driver a lesson by using their car as a brake."

You hit someone from behind, you take the wrap for it, no-one else can apply your brakes for you.

RB5 69

iTrader: (1)

A couple of points ....

always get the Police involved!! .... cuts down on this "it was my fault" .... later "it wasnt my fault"

and r.e. the point Giddy made above .... it is valid, but at the end of the day, it is the responsibility of the driver behind to make sure he has enough room to stop .... it would be up to the Peugeot driver to prove "if someone overtakes you, nips back in pretty sharpish and then pulls to a sudden stop that might change things somewhat i would think." .... not the responsibility of the Subaru driver to disprove!

STi wanna Subaru

iTrader: (1)

You are on the Motorway. You have left a nice safe gap between you and the car in front. Car in the lane to your right cuts you up and applies the brakes for whatever reason. You hit them up the ****. I'm sure you'd try and argue it was not your fault?

BLACK V5

Sorry anyone could crash into the back of someone and say, well they stopped 2 quick. Tough. If you hit someone from behind its your own bloody fault.

Sweepickit

Would it be safe to say, that without all the information about the incident, no-one can really say who is at fault... it's all speculation without the facts. If we get more details, then our experiences/knowledge/guesswork may be of some help. Won't change the fact that Stann has a rearranged rear-end.
One fact I do know, is that every insurance company insists that you do not admit liability for an incident, no matter how obvious it is that you are at fault. Admitting liability could invalidate your insurance cover.

STi wanna Subaru

iTrader: (1)

Don't come out with sensible points in this thread please

TimWRX01

iTrader: (1)

Even with these details it is clear the peugeot driver is at fault and this will be the outcome. you always must leave enough room in front. say if a child ran out in front of you with those shonky brakes.

Sweepickit

Tho other option then: we all roll round the 205 owner's gaff, set fire to his motor, with the option of him being in it!
I prefer sensible... cos my car ain't!!

[Davey]

Typical "scoobynet" reply! You only know half of the story and your already calling the guy a ****... The question is WHY did he over take the 205?? Just because a car is "tatty" doesn't give you any right to over take it??

*BUT* Even if you did over take him and brake at the last minute he SHOULD have left himself enough room to stop for the junction.

If there are other witnesses who will say you over took un-necessarily you are going to be in a sticky situation with the police.

Gary C

Not quite, I hit a lorry in the rear once and I got paid out in full by his insurers.

I was driving down a dual carrigeway doing 60, when the lorry pulled out from a layby. There was no way I could move into the second lane as I was being overtaken, and there was no way I could stop (I was doing 60, the lorry had got upto about 10 mph).

The difference was, I got independant witnesses who saw the accident and made statements.

[Davey]

So let me get this right, if I over take you, cut in, then slam on my brakes in front of you causing you to crash into the back of my car you would be willing to accept responsibility.

Giddy

That is a bit nonsensical though surely? How would you know precisely when the suicidal child is about to run out in front of you? If the child steps right into your path from behind parked car, horrid though it would be you would likely feel to blame but not actually be to blame. I'll get my coat now anyway because i clearly shouldnt be talking to anyone today.

Dazza01

firstly im glad your Mrs is ok, and yes bus drivers are total w@nkers
but read you insurance booklet that comes with you policey, mine states that in a accident NEVER except liability, even when everyone knows its his fault, you should not own up.

Thats what the insurance company you pay your money too is for, they do all the crap for you.

MikeCardiff

iTrader: (2)

Forgot to mention, with the bus driver - he reckoned it wasnt his fault because 'buses have right of way' - erm, that doesnt mean you can change lane when you are already alongside another car though.

Dont know if he's already on a warning from the bus company for accidents, or if there is something dodgy about his license ( Cardiff Bus got done recently when it was found one of their drivers had been banned and he was still driving for them ) but he wasnt too keen on giving the copper his name and address either.

Personally ( whatever insurance companies say ) if I had an accident and knew it WAS my fault, I'd say so - there does come a point where people have to take responsibility, and there seems to be far too much trying to blame other people or wriggle out of things about now.

luke m

stann01,

what was the distance between the point where you overtook and the junction? that may tell you who's at fault & who's liable. if it's his fault you should be reimbursed and if it's yours, you shouldn't expect anything.

second point, RB5 69, don't always involve the police. what a ridiculous statement. (sorry if it was a joke).

ScooBStu

Everyone does it now a days - Its not my fault - I have experienced this three times between myself and my wife. The first thing to do is jump out and stop a witness regardless of how obvious it was.

Someone reversed into my wife while my wife was stood completely still beeping her horn end then said she drove into her.

A few months ago a teacher drove into the back of my car and it looked like there was no damage but when I looked when it was light there was - I contacted my insurer who wrote to his and he denied there even being an incident - One day I spotted the car and followed it (Very safely and unthreatening) - When they pulled up at home I got out and had a chat (very politely) and suggested that there was a mix up as I was sure he was an honest person - Paid up in the end but its a joke that people just keep denying accidents and saying its not there fault.

I also had a lorry roll into me at a set of lights (backwards), gets out apologises and when contacted at a later date he denied it.

It winds me up like mad!!!

Good luck - hopefully you wont need it!!

Aztec Performance Ltd

iTrader: (234)

If people read their insurance T&C you may be suprised to find "you must not admit liability to an accident".

Should be fairly straightfoward since he hit you from behind.

MikeCardiff

iTrader: (2)

#24 -Ta , only problem with people not admitting liability is that it fxxks the other person around, and if it was your fault, why cause them extra hassle ?

With my wifes car now, she cant get a hire car because her policy will only pay for it once the other party admits liability - if they dont, she has to pay for it, and seeing as her car will probably be written off, that means maybe a month or more of hire car bills for something that wasnt her fault - why should someone elses negligence cost her money ?

Plus, until we hear back from the bus company if they are going to own up and admit it was their fault, shes using my car

funkyspider

If the driver of the pug was doing the speed limit then the subaru would have to have been speeding in order to overtake, therefore his breaking the law contributed to the accident in which case the insurance company could not fight the claim as they would be up against contributory neglegance.

It isnt automatically the person behinds fault if they hit you. If a car pulls out of a junction or indeed pulls in after overtaking and then brakes it is the car in fronts fault as the following driver had no opportunity to observe the stopping distance.

All insurance policies state you should never accept liability regardless of how clear cut the accident appears to be.

If I was the driver following in this case I would say you were speeding and slammed on and as you have admitted that you overtook him then I think he's probably got a case for claiming that regardless of whether it is true.