In A Car Crash Whos Liable

[onehand]

hi
At the start of December when we had the icy weather i was driving into my workplace at 6am. Ive slowed down because there's a slow right hand bend to some speed humps and ive hit some ice and not slowed down. Ive then some to stop against the kerb. someone has then come through the gates and gone right into the back of me and his engine has caught fire. ( so my guess he was going alot faster then the 10mph speed limit )

I got a phone call today from my insurance saying his insurance are holding me liable as I lost control of my car and caused the collision.

who would you say his to blame

[factor-fiction]

I don't understand where the gates were. Were you facing the right way and on the right side of the road? If he simply went into the back of you while you were stationery than he was at fault. But pass the letter onto your insurer- it's their job to sort it out

[starone]

I was under the impression that if someone went into your back they were to blame for not being in control. How can you be to blame if you were stopped? They should have been alert and been able to stop. Mind you, I could be wrong - there are more knowledgeable people on this site than me.

[Baldric]

to clarify, were you on private or public property at the time?

[Zacs-Master]

And what did you say back to them? Did you ask them how it could be your fault when (according to you) you were stationary and he went into the back of you?

[onehand]

cheers for the quick reply

the gates just lead you into property then the road slow turns to the right. yeah i was still facing the correct way on the left hand side. he hit me on the rear left hand corner. after the crash cars where still going past on the right, he just wont admit to going over the speed limit and not being able to stop due to the ice.

[Zacs-Master]

Did you take any photo's?

[onehand]

@zacs-master
they have asked for my statement in writing with pics and as much detail as possilbe,i just got to fill the paperwork in send it back when it arrives. Its took 29 days for them to deny liabillity

[ummmm]

He's at fault.

[Zacs-Master]

Unless you've got hard evidence or a 'reliable' witness account, it may go 50/50.

[Bazile]

How long were you stationary for , before he ran into the back of you ?

[onehand]

I reckon it was about 5secs. He wasnt directly behind me. Imo he put his foot down ro get through the gate as there auto closing gates and he wanted to beat them. Im going to check if theres cctv coverage when i get back to work.

[Bazile]

If he is coming out of a gate unto a road , then it's up to him to ensure that is way is clear .
If you have been stationary for 5 seconds before the colision then , it's not a case of you skidding into his path just as he was pulling out unto the road - in which case a 50/50 could be agrued .

As to how this pans out , will unltimately depend on how robustly your insurers defend the cliam , in terms of putting forward arguments to the other insurer to show that the accident cannot possibly be your fault

From what you say i cant see that you can he held liable

[LyndaB]

I was always taught that if you run into the back of someone - no matter what the circumstances - it's your fault. Mind you, when I learned to drive, some cars still had those wind up thingies at the front :-/

The rules might have changed now

[furrypusscat]

It is and always has been the fault of the person who has run into the back of you irrespective of why you stopped, the other person should have been travelling slow enough to stop safely and in good time.

[Bazile]

//I was always taught that if you run into the back of someone - no matter what the circumstances - it's your fault. Mind you, when I learned to drive, some cars still had those wind up thingies at the front :-/ //

Not necessarily - if you are passing a junction and a vehicle pulls out of the junction at the last second going in the same direction as you , causing you to collide with the rear then you have good grounds to deny liability .

There are many occasions when i'm driving and i can see a car waiting at a junction to pull out . There is usually time for the car to pull out safely in front of me - but oh no he/she waits untill i'm nearly at the junction , before he/she decides to pull out .

[bednobs]

it really doesn't matter who we think is to blame - it hinges on what the insurance companies think

[grasscarp]

Lynda B - my first car had a starting handle too. Those were the days!

[boxtops]

I used to work in insurance claims, and the general rule was that the person behind, who hit the person in front, is at fault. This rule was applied not so long ago when we were in a 4-car shunt - the driver at the back was held responsible for all the damage.

I wouldn't worry about the call from your insurance company, all they are doing is letting you know that the other guy has put in a claim against you - but that's what you have insurance for, the two insurance companies will thrash liability out amongst themselves.

My old boss always used to say to me, if you are in an accident, draw a sketch and write it all down as soon as you can, while it's all fresh in your mind. Do that, and send it all back to your insurance company. Just be factual, no need for other comments.

[onehand]

Thank you all for the advice.

It was just a shock that it took 29 days to get to this stage.