Not sure where to put this but this seems as good a place as ever. Was going to work today when a car (Audi) travelling in the opposite direction lost control and ended up across my side of the road. The car infront of me (Fiesta) emergency stopped and hit the side of the Audi. I then attemped an emergency stop, locked up the brakes (It was REALLY wet) and plowed into the back of the fiesta! So who pays for the damage? The the bird driving the audi or half the audi driver (for the damage to the front of the fiesta) and half me (for the damage to the rear of the fiesta)? Ive only got third party cover so cant afford not to be able to claim against the audi driver Any opinions, professional or un-professional?!?! Edited by: matt989
ok, no response,ill add some more detail... I drive a mk2 1.8 carb. Black and (was) in almost mint condition! Now the bumper is about 8" further back than it should be! The fiesta didnt stop until it hit the audi. I was at reasonable distance from the fiesta (No where near tail gaiting). I was doing under 60 mph, maybe about 50-55mph. The only thing I was at "fault" for was I hit the back of the fiesta, does this make me liable though? Cheers for any replys!
I'm afraid to say, and I really hope someone tells me I'm wrong for your sake. But as far as I know if you hit anyone up the arse, regardless of the situation it's your fault. What's worse is that the Audi drivers insurance may insist on the Fiesta claiming from you for the rear end damage. I hope someone tells me I wrong cos we've all been there, no one leaves enough room, you can't om UK roads. Hope it works out for you.
Essentially the Audi driver should pay for the lot if hes has lost control and come across to your side of the road. True you are normally liable if you run into the back of anything but by the sound of it the audi driver was on the wrong side of the road and this puts him at fault. Do you have any independant witnesses ? and do you have legal cover on your insurance ? At the risk of sounding an old fart! I always get the legal cover on a policy it is normaly only another ten quid or so and is well worth it. The issue here is that you need to prove that the Audi driver was on the wrong side of the road.
You didn't leave the full braking distance as you're meant to but as others above have implied I'd just shut up and hope the relevant legal people sort it out in your favour!
this is in the wrong section for mass responses...can a mod move it please? gregs - even if you do leave the proper distance between you and the car in front, and accident will make cars stop quicker than if they'd braked. its unlikely you'll get away with no having to pay...but i'd fight it and be prepared to go to court over it. no chance the audi driver admitted his error did he?
The audi driver, a woman btw, ended up sitting across the opposite side of the road. It was quite clearly her fault! If the fiesta driver makes a claim against me would I be able to make a claim against the audi driver through the courts? My insurance company couldnt give a f**k about me claiming against the audi as im 3rd party but apparently I can get free legal aid as im still in full time education! Im royally f**ked if I cant make a claim against the audi driver as I need to pay for the rest of my policy which is a poo load as im 18, I also cant drive my car as its not running so I cant work! As far as I understand if I could afford a new car I would need to take out another policy (I hope im wrong on that one)! Im f**king raging'!!!
I don't dispute that at all. In terms of the Highway Code, though, are you not meant to leave the full braking distance between you and the car in front so that if they stopped dead you'd be able to stop without hitting them? Obviously, no one ever actually does leave a gap that big in practice. Ultimately I think you're really best off seeking proper legal advice on this one, Matt.
As said, suggest that the car in front came to a sudden stop as a result of crashing rather than braking, causing you to lock your wheels and crash as a result of having less than adequate time to stop, despite driving under the speed limit and leaving a sufficient gap between cars. Tom
I hit a taxi in the back earlier this year, and its going down as his fault, as he pulled out from a side road, into my lane without having enough space to do so - so its not ALLWAYS your fault if you hit someone from behind.
Road Traffic Act 1988 states "owing to the presence of a motor vehicle on a road, an accident occurs". So the the presence of the AUDI casued the accident to occur. So the AUDI driver should be liable in the real world. However, insurance companies are kinda funny about people driving into the back of others no matter what the circumstances. Did you talk to all the drivers at the scene? Did you all exchange details? Did the AUDI driver say anyhthing like "I'm sorry - I lost control". If there was any discussion at the scene that apportions any blame - write it out in statement format and date and sign it. Whatever happens they will string out the liability thing for a long time - the best thing is if you can "remember" any conversation from the scene and get it writtem down. If you had legal cover that would help you out. S70OSSY
Cheers for all the advice! I stayed out everyones way after the accident, I didnt want to do something I regreted (I was p***** off!), got her details though. It was suggested to me by a friend I could phone her up and try to get her to admit full responsability. As it stands shes going to be paying for the fiesta damage so another claim on top of that is no skin off her nose. If she admitted full responsability then her insurance company wouldnt have a leg to stand on and would have to pay up. If she says no though it could inflame the situation and as some of you suggested maybe I should just leave it to the professionals, i.e. the insurance companies and my solicitor. My insurance company probably wont give two f**ks what happens with me, there not looking after my interests there looking after there own! Whatcha think?
Yup, one guy, he was of the veiw "I was Buggered" because I went into the back of the fiesta, he didnt mutter a word to the girl in the audi either! I dont really want to rely on him!
Have you spoken to your insurers or are you just presuming they're not interested? Being 3rd party doesn't mean you can't claim again someone else if it's their fault, so you need to establish who is at fault. You can't be expected to leave a gap big enough to come to a halt in between you and the car in front. Can you imagine driving on motorways!!! Also, they'll only ask the witness what happened, not who he thought was to blame - he's probably not qualified to make that judgement! Edited by: nickbee
I agree with you mate - it's not realistic. But: Worth bearing in mind in this case I think, as it could be used to pass the blame onto Matt.
I think you will have a good chance on this in the long run. If you, the fiesta driver and the witness all say that the Audi was on the wrong side of the road thats 3 against 1. Did the police turn up? Did the fiesta driver say anything to you ? Did the Audi driver say anything to you or the fiesta driver ? You may also be able to claim for loss of earnings, inconvenience, all out of pocket expenses ie phone calls, letters and postage, people giving you lifts to places etc. you need to write all this down and keep any receipts. Have you filled in a claim form yet ? If you want pm me I might be able to help you on this.
I agree with that! But how do I establish whos at fault, let my insurance comp do it or get a legal aid? Ive reported it to my insurance comp, they'll get back to me in 3-5 days (which in my opinion is far too long), the woman I reported it to seemed to be under the impression your pretty f**ked if you drive into the back of someone though! Anyone wanna host some pics if I take em'?
You are f ucked I am afraid. Rear ending is always the person behinds fault unless you can prove they pulled out in front of you. Trust me I was in a similar position 6 months ago. The audi will be responsible for the feista up to a point you will be responsible for the rear end damage. I ran into the back of a car that slipped into a gap in front of me in slow moving traffic and then she braked hard to avoid hitting the car in front which was slowing down. I contested the claim but without any witnesses didn't have leg to stand on, I couldn't prove that she pulled out in front of me even though when she first spoke she said "I sorry someone pulled out in front of me too"!! My word against hers...I lost
