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Hi All,

 

I was travelling on a dual carriageway which has a speed limit of 60mph.

The road conditions are wet and it is raining.

It has gone past sunrise and visibility is good.

 

As a precaution, I drive between 40-50mph taking these conditions into account being fully aware of braking distances / aqua-planing etc etc.

 

As I go round a bend, some 700 yards up the carriageway I see queing traffic and decide to apply the brakes,

not firmly but enough that I will know will bring me to a slow speed safely before I reach the traffic.

 

However, the brake doesn't want to work and I now have my foot glued to the pedal and the pedal to the footwell of the car.

I feel the ABS kick in yet it is having very minimal effect and the car is only slowing down as we are travelling slightly uphill and the fact I am no longer accelerating.

I keep the brake pressed but to no avail,

 

I hit a staionary car in front (which was unavoidable) at now 10mph whereby his car moves about 2 feet forward.

Had he have had his handbrake on, it probably wouldn't have even moved.

The 3rd party hasn't hit anyone in front, at the moment it is just between me and him.

 

I get out of the car, pulling up my handbrake and switching on my hazard lights,

he kicks off and starts becoming very aggressive.

I have called the police at this stage.

 

However, I inspect all round the front of my car and the rear of his where the impact has happened and I think, thank God, not even a scratch.

No damage at all, as if the accident never happened.

 

Whilst the other driver is calm, I offer to exchange insurance details.

 

However, another car now ploughs into the rear of me, sending my car forward once again into the front car.

This time, not so lucky.

Both the front and rear of my car is extensively damaged.

 

The 3rd party (front driver) that I initially hit has had his boot cave in but his vehicle is drivable, and he later proceeds to drive home in it.

My car and the car that has gone into the rear of me look like write offs.

 

Police arrive and by this time everyone has realised that there is a diesel spillage further up the road which has caused the accident to happen.

The queing traffic I have seen was also due to an accident further up who had skidded on this diesel.

The police put it down to a damage only RTC and obtain insurance details and exchange them with all parties.

No one is complaining of any injuries and the front car (that I hit initially) has a boot that will need replacing leaves to go on his way.

 

The driver at the rear who has hit me is showing INSURANCE NOT HELD on PNC and produces a motor insurance certificate insurance showing that he is insured.

He gives an honest account of what has happened and seems like a decent bloke and signs his account as a true statement in the polices paperwork.

 

However, 48 hours later, this bloke is reported for summons by the police as it has been established that he does not hold any valid insurance covering him for the vehicle he is driving.

This is confirmed by my insurace company.

 

Where does that leave me then?

 

I was under the impression that if the insurance speak to the front car and he confirms that there was no damage on the first impact,

and damage only occured when the second impact happened, me and him would claim of the guy at the rear.

 

But the guy at the rear is uninsured.

I have a fully comp policy witha £400 excess :-( and my car looks like to be a write off.

 

Any advice anyone who has been in a similar situation?

 

I could claim off my own policy but I lose my NCD and have a "fault" claim registered on my name.

 

As for the dual carriageway, it was closed off until Highways Agency could attend to grit the diesel and the reopened some 4 hours later.

 

Thanks

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hello and welcome to cag btw.

your insurers will prob deal with things at first. if they can't get anything from the MiB re the other driver, then may be down to you, to pursue other driver re negligence privately or MiB or ULR re any losses incurred outside of insurance eg excess, ncb. fact of no insurance conviction would help your cause.

see what others say.

Edited by Ford

IMO

:-):rant:

 

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Part of your Insurance premium goes to the Motor insurers Bureau who pay out your costs in the event of being hit by an uninsured driver. Check your policy too as Churchill for example will repair you car

without amending you NCB.

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In these situations, the guy at the from claims off the guy who hit him and so on. So the guy you initially hit will claim off your insurance and you claim off the guy who hit you. Just inform your insures of how it happened (like you have here) and include the police officer's details.

 

BTW, you say that the diesel spillage caused the collision... did the attending police car manage to negotiate it without skidding? I ask because it will be helpful if the police give an account of the road condition.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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