Running into back of car - Part 2 - RESULT

[gordonclown]

Sorry to post another site but I got back to my first " post " site with a response - GOOD NEWS - but obviously noone goes back to the site so you wouldn't know.
To save me having to re-type it all ( I had to reduce it by 500 words anyway ) please look at my first question site.

[tigwig]

well that is interesting. My hubby ran into the back of someone a few years back travelling very slowly at a roundabout. The car in front of him had actually set off so my hubby obviously stopped looking in front and looked to see if it was clear for him to go, he set off and hit the car in front, the whole thing happened in seconds the car had just decided to stop in the middle of the roundabout for no good reason. There was no damage to our car and a slight dent in the other but they still ended up claiming off our insurance. I think that in situations like this it shouldn't always be the person who hit someone elses fault after all you don't really leave a stopping distance when you are stationery at a roundabout do you?

[gordonclown]

I agree with you TIGWIG. If you run into the back of someone who just stops for no apparent reason you shouldn't be responsible, they caused the accident. Any other accident is decided on blame - why not this type.
In my case, my car was written off and the insurance co. expected me to say " Ok it wasn't my fault but I'll buy another car don't bother the people who caused my loss " No I'm sorry that's stupid and drivers have been doing exactly that for god knows how long. I presume it was an insurance genius who came up with the idea in the first place.

Oh and if Zacsmaster is reading this I didn't put this up for a laigh ar to brag or to be insulted - I hoped I was helping future victims of the rule.

[New Judge]

I cannot believe this post ????? !!!!!

[gordonclown]

Why?

[pink-kittens]

If you run into the back of someone it IS your fault because you should have left enough distance to stop, or been paying attention.

You have no idea why the car stopped suddenly - the car could have cut out, the driver could have stalled, there could have been a dog in the way, anything - you would not know the reason because you were not in the car you ran into.

[tigwig]

but what about in my hubby's case when both vehicles were stationery until the one in front set off? How could anyone be expected to look in front continuously when the car has already set off and there is no queue on the roundabout? As soon as the car in front goes you automatically look to the right to see when it is safe for you to go

[clueless!]

gordonclown, I suspect your insurers have reinstated your ncb etc because you caused a fuss about them paying out without your authority. Had they maintained a denial of liability on your behalf the third party may have brought court proceedings, and it is doubtful that they would indemnify you in these circumstances.

As they have paid out to the third party, you have not won the claim. Had the matter gone to court you would no doubt have lost. This will be why the insurers made the decision to pay out the other party without your authority.

[pink-kittens]

Actually tigwig, after reading Chris' reply I am reminded of my other half's accident when he ran into the back of someone

They cut him up and denied they did until the CCTV camera my other half had in his vehicle showed him up to be a liar

I take back my original answer, although as Chris says, this is an exceptional circumstance