Chances Of A Insurance Claim?

Question

So i was pulling out of a car park today, and was behind a car (there was 2 lanes for pulling out), the car in front of me pulled out, i followed (as guy on right let me go) and as i pulled out the car in front stopped to go up road on opposite side and i bumped into the back of her (she was over the white line and had stopped on the road - i was travelling no faster than 2mph if that), i stopped and was expecting her to get out, but she drove up road opposite, but i then so her pull into a car park, i had to turn left due to my angle but i turned around further down the road and met up with her again at the car park, when i got out she told me "she felt her kneck go" and she showed me the back of her car and there was a small crack on the bumper. So now im worried about a claim (i am insured but its my first year) she said she was going to go home and ask her husband about it, but i dont think thats fair as he didnt see it. I gave her my insurance details but she didnt give me hers (i didnt ask but i feel she should still have given them to me). So now im waiting for the call and im worried about a whip lash suit, but is that possible in such a slow bump? and also whose fault is it, my mum says cos she stopped in the road after pulling out she made a committment so it could be her fault, also was she in the right lane as im pretty sure she was signalling left before she came out but she told me she quickly flicked on her right indicator when she came out. I dont know what to do now, any advice?

Answer 1

WELL ITS CLEAR THAT ITS YOUR FAULT AS YOU HIT HER.

ONLY THING WHICH CAN SAVE YOU IS IF SHE DOESNT HAVE INSURANCE, SHE CANT FILE FOR MEDICAL EXPENSES.  

Answer 2

Res Ipsa locquitor (I think i have spelt it correctly)

Lawyers language it means that the facts speak for themselves. You have a responsibility to be able to stop your car without damaging any other vehicle in front no matter what reason it stops or if it stops for no reason at all.

You did not and you may dress it up as much as you wish that is the fact.  Any claim by the other party will be successful. For some reason speed does not actually come into it. I was the stopping party some years ago and what looked like a £10 job to both of us £50 at the most cost over £1000

Your only consolation is that you are neither the first or the last to do this  

Answer 3

I work in claims and the accident would go as your fault because she was stationary and there to be seen. It doesn't matter if she was in the wrong lane or stopped when she shouldn't have the fact is that she was there and you failed to stop in time and hit her.

She might try to claim injury from your insurance so you will need to let them no that it was a low impact accident and you are suspicious about the injury - they will look at the damage to both cars and her solicitor will have to submit a medical report before the insurance will consider paying out.

Answer 4

You rear ended her and in your situation it's 100% your fault.  Sorry to say but she has the right to call your insurance and have all the repairs made.  As far as the neck, it doesn't take much to cause whip lash especially when you're not expecting it.  

Answer 5

as you hit her from behind, regardless of what she was doing, you would be at fault. However, it wouldn't be beneficial for her to claim through her insurance as she'd lose her no claims, plus no witnesses so her insurance would pay out for her and, yours for you, providing youre both fully comp

Answer 6

Always your fault as you ran into her. You should advise your insurers as this will help them deal with it. You don't need to worry about a lawsuit, that's what you are insured for. You will have to pay the policy excess and your premium will rise accordingly next year. Drive carefully.

Answer 7

the neck would nt get sore  for a while later..   she s  trying it on and if she does she will win as your at fault..  unlucky mate    they all do it..  

Answer 8

Regardless of the scenario, you hit her from behind - your fault every time.

I assume you took her personal details, if not her insurance details, because you need to inform your insurance company of the incident whatever happens. This will affect your insurance, but that's life.

I've no doubt that she'll claim for whiplash, because that's the sick, litigious society we're living in, with all of this ambulance chasing imported from across the Atlantic.

Answer 9

As others have said, if you go into the back of someone you are automatically at fault. If she hasn't given you her insurance details she may not be insured though - so whatever you do don't give her any cash, all enquiries she has must go through your insurer, you pay them to deal with this for you!

If she claims she has whiplash, this then changes from a damage only accident to an injury one, by law these must be reported to the police immediately, as the insurance companies want a police report from the scene (to stop people faking injuries when they get home and think about it!)  Sounds to me like she has broken the law twice, once by not giving you her name and address, and secondly by not phoning the police at the scene to tell them about her whiplash. If she phones you, you could mention this!