Car accident help :(

[flossy09]

Hi,

 

Im not sure how to use this as i just came across it when trying to find some info on the accident i had yesterday.

I am 18, passed my test this time last year & havent been involved in any other accidents or anything before.

 

I was on a bypass going around 60-70 mph through some traffic lights, i had to slow down to around 50mph as a car infront was only going that speed, they then swapped into the right hand lane ready for the oncoming island, a couple of seconds later i noticed a VW golf infront of me, no lights on (not break lights, or indicators) so there was nothing to alarm me of what was happening, next thing i know i realise its at crawling speed & i slam my brakes on for a good 5 car lengths trying to stop in time, bearing in mind im in a T reg peugeot 206 i didnt stop & skidded straight into her rear end, i guess by the time i hit her i was going possible 20-30 mph? put it this way a few feet more i would have probably made it. Instantly i panicked as i was on my own, had no idea what to do so put my hazzards on & rang my parents. No one at the scene asked if i was ok or anything, until some bloke came to tell me it would be sensible to get out the car incase of someone hitting me from behind & causing more damage.

 

I got out the car to notice there was a little punto infront stopped in the middle of the lane with its hazzards on (where the bloke had come from)- it had ran out of petrol.

But instead of him pushing it onto the kerb for all to see, the Golf blocked it out of my view. When we got out she insisted she was indicating, but i can put all the money in the world on the fact that she wasnt- but that means nothing as iv been told as i went into the back of her its always going to be seen as my fault. She also said she had had a lot of people run into the back of her previous- maybe she should consider using her indicators/ hazzards/ brake lights to warn people to slow down.. but thats another story.

 

Anyway because my front end was braking so hard, it just shunted the back end of her car & theres such little damage to it you wouldnt even notice it had been in an accident. Whereas my car needs a new radiator, head lights, bonnet & grill. We swapped details and when the police came we all said we would sort it out in a few days when she has had a think about it as i explained to her i was a new driver & could do without the claim against my insurance especially as my car had come out alot worse anyway.

 

Another thing is i have really bad whiplash & have been seen by the doctor so its down on my records, all i keep thinking is i know i cant claim anything back for the cost of my car, but if i have whiplash...will she claim it from me & take it through the insurance? If so i cant afford for the repairs to my car, my excess & the amount it will cost when i lose my 1 year no claims & admit to an accident on my insurance cos its not like i can counteract her claim with my own.

 

Does anyone have any advice for me on this as i honestly dont know what to do, obviously i feel she was at fault for not showing any indication of moving lanes, slowing down or practically being stopped in the middle of the road but she or whoever else looks at it will only see that i went into the back of her so therefore its my fault

 

Thank you!

[BankFodder]

In principle the car behind is at fault. That seems to be you. You have aduty to drive in such a way that you can always stop safely. Secondly you skidded. on your test you would have failed for skidding on an emergency stop. Once the wheels lock and you are skidding, you have lost control of the car. the car will stop more quickly of the wheels are turning and there is rolling traction. You will also be able to retain directional control.

You have referred a couple of times to being a new driver. I'm afraid that the standards required of all drivers is that of a reasonable and competent driver. New drivers, or bad drivers are not able to escape libaility simply by saying that they were doing their best given their particular level of skills.

Even learner drivers have to meet this reaonable standard. there is no reason why victims should be required to suffer simply because they were injured by a new driver.

 

I'm afraid that there is little comfort to offer you. If you were a driver of 10 years experience none of this might have happened to you as a driver of greater experience might have been able to read the road in a way which would have informed them as to the oncoming dangers.

Sorry.

[flossy09]

I understand your points, but on my driving test i was driving a brand new corsa with ABS brakes- both tests i took i had to do an emergency stop & found them fine but the difference is they barely let you get to 20mph before telling you to do it. Dont get me wrong im not making excuses for myself but i am in an old 206 which doesnt have anti lock brakes car & at 50mph id of thought skidding would be pretty common when panicking to try and stop in such a short space of time. I just wondered if i stood any chance of knock to knock or if there was a way to claim whiplash even though il be the one at fault? (to pay for all repairs)

[flyingdoc]

As the driver at fault, and as Bank Fodder says you are clearly the driver at fault you have nobody to claim against. You cannot claim against your own insurance as you are the negligent driver.

[mattaius]

You should take an Advanced Driving Course and stop speeding around stupidly like you're the Billy Big Balls of the road just because you can barely drive. Learn to be more careful and imagine there's a 2 year old child in the backseat of every single car that's in front of you, because even at just 30 mph, if that kid ain't wearing a seat belt, he's gonna go flying and then you won't speed like a Piers Morgan ever again.

[Tom87]

Sorry but you're unlikely to find much sympathy on here, it is crystal clear that you are fully at fault for this accident.

 

You are correct: in 99% of cases where a car hits another car from behind, it is the car behind's fault; and this definitely applies here, without any shadow of a doubt whatsoever, from how you have described it.

 

It sounds like you were travelling at an inappropriate speed, otherwise you would have been able to stop in time. Unexpected hazards doesn't change this - you should expect the unexpected: ask yourself "why did that car in front suddenly move into the other lane? Ah, perhaps there is something blocking this lane, I'll ease off and be prepared to stop just incase" You also mention you went through traffic lights at 60-70mph. They could have turned amber/red any time, what would you have done then?

 

You should always be driving at the appropriate speed to be able to stop in an emergency. In this case your speed was too high, this is proven by the fact you were unable to stop. Whether the other car indicated or not is not relevant. Imagine it was you who had broken down in that place and someone came and hit you.

 

I'm sorry to hear you have whiplash. Unfortunately you won't be able to make any claim for that because it was your fault. I hope you are feeling better soon.

 

You of course have the right to contest liability, but I would strongly advise you don't in this case as anyone can see it is you at fault; contesting liability will make it a long, drawn-out process and you will be more out of pocket than you already are. Also it is unfair on the innocent 3rd party. If you claim, I would advise you to tick on the claim form that it was you at fault, admit liability to the insurers; when you have genuinely done wrong honesty is the best way and you will be seen in a better light.

 

On the plus side, no-one was badly injured, and with this experience you are far less likely to have this happen to you in future as you are aware of the risk. Good luck for your future driving.

 

(PS, on an aside: Just because the traffic light is green, it doesn't mean you can sail through and assume no other traffic will come into contact with you. By proceeding through a green light, you are still responsible for ensuring that the way forward is clear.)

[Mossycat]

Was the idea of raising this thread from the dead just to tell the OP how bad a driver he is?

 

I am sure in the 9 months that have lapsed since it was posted or last added to that he will by now have sorted it out

 

Mossy

[Tom87]

Was the idea of raising this thread from the dead just to tell the OP how bad a driver he is?

Not in the slightest. I simply didn't realise it was an old thread. But as for the user above me who restarted it - looks like it.

[Mossycat]

Not in the slightest. I simply didn't realise it was an old thread. But as for the user above me who restarted it - looks like it.

 

Lets jump on the bandwagon then huh

 

Mossy

[questioner]

You are correct: in 99% of cases where a car hits another car from behind, it is the car behind's fault; and this definitely applies here, without any shadow of a doubt whatsoever, from how you have described it.

 

I had a car reverse into my car. I won the case and sued the driver for almost 10k for injuries etc.

[mattaius]

So you can get your finger sewn back on privately then