Who is at fault???

Question

I was driving at a junction , very slowly, max 15 mph, and the car in front breaked suddenly as we were turning right. I bumped into the back of her car, she had a tow bar on , so I got the most damage to my car. The side of my car got hit as it happened as we were turning right. Now this lady stopped as she claimed the light went red. The light she was was talking about was infact the wrong set of lights for our lane. She left the scene without giving details however i reported the accident as i took her reg num. Now a week later she claiming her car a write off. It was a very old car and not in great shape and however there was no scrapes or bumps on the car.

How will this fair out with insurance companies? Am i at fault or is she for braking suddenly at a wrong set of lights? Is this careless driving? I have an expensive car so my damage is approx 500 pounds!!! Much appreciate any views on this. Very annoyed!!!!!1

Answer 1

It is always a good idea to list your location when asking about local laws. I can deduct by the damages in pounds that you are from the UK? Here in the US if you rear end someone you are liable. Unless you can prove that their tail lights were defective. I would figure that the laws are similar there. Here leaving the scene of an accident is a crime also so you may be able to pursue charges against her based upon that. Her insurance company and your insurance company will get together decide who is at fault and bill the responsible party accordingly. Not much you can do but what you have already done. File a police report and report it to your insurance company. I know it sucks when your car is damaged but this will work its way to a settlement. Good luck and happy motoring

Answer 2

You are to blame as you are obliged to leave enough room to stop, regardless of what the driver in front is doing.

The damage to your car will only be covered if you have Comprehensive insurance as you cannot claim off her insurance, and third party insurance would not cover the damage to your car. If you do not have protected no claim discount, you will lose some or all of your no claim discount, and may also be penalised by your insurer for making a claim by increased premiums, so you can expect the cost of your insurance to increase by quite a bit for the next few years. It will also affect you if you are applying for insurance quotes as many insurers charge extra for people with claims, and some will decline you all together.

As for her saying her car was a write off when there was not much damage, if your insurer is paying for her damage to be repaired, it is likely that they will send an engineer of their own out to look at the damage, and it will be your insurer who decides if it is a write off or not. It can sometimes appear that there is not much damage, but a rear end shunt can damage the chassis of the car, which is very expensive to repair.

Answer 3

Why be concerned about whose "Fault" it was ? Simply report the accident to your insurance company and let them handle the entire matter.  That is why you have insurance protection.  Allow them protect you.  Spell check

Answer 4

I am afraid that you are at fault.?  Yes, I know it's not fair to say that but you bumped into her.  Sorry...

Answer 5

Without a doubt, you were either driving to close, too fast or without due care and attention.

Well you did ask.

Have you never heard of defensive driving ?

Answer 6

You are at fault for following to closely, inattentive driving, and failure to stop.   Insurance will cover your damage and any you caused her.  But, now your rates might go up.

This is how it is in the states, not sure how you Britons handle things.

Answer 7

Every case on hit from backward  means you can't  stop your vehicle safely and you didn't keep a safe distance .

Well accept it that you were on the "fault  position".

Next time drive better.

Daaaaaaaaaaah.

Answer 8

You are at fault.  Doesn't matter why the person in front of you stopped she has the right of the road, if you weren't following so close you may have had time to stop in time.

Her vehicle may be a economical total loss just due to age, more difficult to find repair parts, etc

sorry...........

Answer 9

unfortunatly u are wrong i was in a simular accident and i was at fault so sorry to tell u its frustrating isnt it shes such a bad driver and ull cop it know and you will also be fined if u havent already it will come later beleive me theyll ask her why she didnt stop and does she want to claim now  the bottom line is you need to stay at least a couple of metres behind traffic so u can give yourself time to stop comfortable

Answer 10

You were following to closely.  You will be found at fault.  It is possible you the insurance company MAY place a slight amount of comparative negligence on her, but I doubt it.

You state that her vehicle is a write off.  It does not take much to write off an older car.  I am not sure where you are, but in the USA, if the damage to repair exceeds 70%-75%  of the Acutal Cash Value, then the vehicle is declared a total loss.