had an car accident, need help.

[jimbob21]

ok i was going along a raod aith a 50 mph limit, there was a car infront of me, i was at a safe distance, we came upon a car on the curbe with hazards up, the front car passed him and then when i came to pass him i found the other car infront i found the car infront stopping very fast but without any brake lights, indicators and hazards up, i couldnt swerve intime and hit him at about 15 mph since i didnt notice the slowing down because tehre were no warningn signs and it was dark. after we took details i asked him why he ahd stopped.
he said his car had lost all power and we departed.
he said he wouldnt go through insurance if i payed for his repairs, he had a tiny crack in his rear bumper and i had my bonet and front bumper and grill bent and buckled.
luckily i didnt loose my lights and i was able to drive home. i had lost all hope but i have been talking with guys at work and they say i may ahve a case if his car wasnt road worthy even though i did hit him from behind.
please if anyone could offer any advise i would be most welcome!

[suecrill]

hi jimbob - i am sorry i am not qualified or knowledgeable enough to answer your question however i am sure there will be someone on this site who can
if you don't get a reply soon - pm a mod or site helper for some advice
best of luck
sue

[Sidewinder]

Hi Jimbob - sounds like a distressing experience but the problem with trying to blame the driver in front would be to prove that the car was unroadworthy. Whether he displayed braking signals or not it is unfortunately your responsibility to maintain a safe stopping distance and anticipate hazards ahead - you would have had to make a complaint to the police at the time of the accident.

Exactly the same happened to my wife but she wasn't given the opportunity to pay for the damage - the other driver went straight through insurance and my wife's company wouldn't even entertain the fact that the blame didn't lie with her saying that it would be impossible to prove that she wasn't driving too close or that the car in front's brake lights were defective - he could have stopped using gears or handbrake.

Sounds like this one might be have to be down to experience - thankfully nobody was hurt.

[louandgra]

Yes I agree. Odds against you im afraid. You may well have problems proving negligence even though you may find evidence that his lights etc were faulty. The driver may have been unaware of the problem.

[Glenn UK]

If the car was parked at the side of the road you would be liable, im afraid the chances are you qare liable despite your view that you werent too close.

Sorry an all that.

glenn