I would like to know who was had fault in an accident on a roundabout

[Di17]

My daughter was driving her car and I was sat in the rear seat of the car. On approaching the roundabout the car's in front her moved off onto the roundabout. As the cars moved on to the roundabout my daughter moved her car up and whilst looking to her left and seeing there was no cars coming she moved onto the roundabout then bang. The car that had moved off in front of her had stalled her car on the roundabout and my daughter ran into the back of her. The car that stalled had damage to boot etc my daughters car had no damage at all. The driver is now claiming damage to her car, whiplash and lose of earnings and states that my daughter was negligent.
I can't see how my daughter was negligent when it was the woman's fault for stalling her car?

[bednobs]

if the person in front had stopped because a child had run out in the road, would you still think it was their fault?

[Baldric]

Ps, Unless you're not in the UK why was she looking to her LEFT when entering the roundabout, in the UK they come in from the right????

[andy-hughes]

I have to agree with previous answers - the law will always find a driver 'rear-ending' to be at fault.

Your daughter needs to get her insurance company to fight the whiplash / earnings aspect of the case, but in terms of damage repair, the liability is hers.

As advised, stalling does not mean you are responsibile for the actions of other drivers.

[jomifl]

Di17, That was a classic roundabout shunt, the same thing happened to my brother, it is a very common accident. It could be argued that your daughter should have watched the car in front until it had completely moved away and only then should she have watched the traffic on the roundabout. Of course in real life nobody does that, they do what your daughter did, but that is no defence. The car behind is responsible for avoiding the car in front.

[derekpara]

24 useful and informative answers so far and none from the OP.

Some acknowledgement would be welcome - and polite.

[henrythewasp]

Sorry to say it was your daughters fault.The highway code states to be weary of cars in front of you at roundabouts and to make sure they have moved before preceding.You say she was looking to the left? are you sure she wasn't looking to the right as you have to give way to traffic from the right.Although there was damage to the boot of the other car and none to your daughters i think you might find the damage was already there and they are coming it a bit,its a common way of getting your car repaired and claiming compensation at the same time.If she was looking left i would say its a driving with undue care and attention case.....sorry!

[oneinam]

You daughter's car ran into the back of another car. Doesn't matter if the car in front stopped because of a stall or intentional. Frustating nevertheless but shams have been put into operation based on cars rear ending other cars and profiting from insurance payouts.

[waterboatman]

I'm sorry, but you daughter is at fault. Not paying sufficient care and attention.

[waterboatman]

I would, however, contest the damages claim. It must have been low speed, so whiplash is very unlikely to be a factor. So is any other physical damage. I can't imagine the damage to the car in front be too severe either. I also don't see how time off work because of it is possible.

[derekpara]

I do wish posters would have the good manners to thank, or at least acknowledge, those who have offered their advice.

[suechu]

I shunted someone at a roundabout once because they'd started to move off then stopped. I was in no doubt that it was my fault, and ever since NEVER move off at a roundabout before a final check in front of me to ensure way is clear. Hope all these helpful posters have been of help to you Di17?

[dave50]

They are obviously trying it on with the usual whiplash claims, the vast majority of which are blatent lies. These people should be prosecuted for fraud!

[White_Cat]

Quite simply put, it is your daughters fault as she was not looking where she was going.

However I do take to task those who say that "if you hit a car on the rear end, you are at fault!"

I was driving along the road, speed limit 50Mph, going 50Mph. Some idiot came up behind me and drove very close. I Ignored him, and continued on, at 50. He eventually overtook, pulled back onto the correct side of the road very close in front of me and made an emergency stop. Was it my fault I ran into the back of him? (Actually I had been expecting it, and waved as I went past him, but had I hit him?)

[EDDIE51]

Sorry, but it is your daughters fault you have to be aware at all times of what the car in front is doing. If the car stalled it is an accident no fault to the driver. But to hit the car in front means your daughter was too close and or not paying sufficient attention.
But if the car in front is claiming whiplash it may be a scam , there are people who delibreately cause accidents to make whiplash claims. Your daughter should report this to the police .
How fast was your daughter going when she hit the other car ? there is some new rule that you can not claim whiplash if the collision speed was low . Mind you if as you say there was damage to the boot that suggests that the speed was over 15 mph. Modern cars have bumpers that are supposed to absorb damage at speeds under 15 mph so that there is no bodywork damage.
Report the accident to the police and then let the insurance sort it out.

[supapapa]

My son crashed his motorbike into the back of a car, the car stopped suddenly because the car in front of IT braked heavily and made a sharp right turn, it was classed as a NO FAULT accident.