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accident was it my fault? please advise???

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markfto | 19:46 Sun 20th Aug 2006 | Motoring
16 Answers
Help,

Was driving through a town area yesterday in the rain and came up to a roundabout. There was a car in front of me which waitied for the roundabout to clear, then it pulled off as there were no cars on the roundabout, I followed them at about 20 mph after checking right as the car in front had gone straight on. Then with no one in front they braked to a halt on the roundabout as they were going ahead. i braked and hit the back of the driver. Is it my fault for hitting the back of them or their fault for stopping on a roundabout with nothing ahead??
getting opposing stories from people...Thanks for help!
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Unfortunately if you hit someone from behind then your'e in the wrong every time. Maybe they saw something that you did'nt so you can't really say they stopped for no reason.
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They appeared to realise they were going down the wrong exit which was why they stopped..
I sympathise with you 100% but you can never assume that the car ahead will not stop even in places where it should'nt. I do'nt actuall know if it is illegal to stop on a roundabout.
sorry Markfto, it's not fair, but your are going to be culpable. If the damage is light, you could offer to pay the bill yourself, as it may be more cost effective than losing your NCB.
One of the most common accidents occur at roundabouts when the car in front moves off and the following driver follows looking to their right, not ahead, not realising the car in front has stopped . You are to blame, it's a simple mistake to make but in future when you see a gap on the roundabout look ahead again before attempting to go.
It's always the car at the rear who gets the blame, but you could try a claim of 50/50 liability and see where that gets you. If they stopped suddenly without warning and for no apparent reason you could try and argue the point that they were driving without due care and attention, but it's unlikely to get you anywhere. Just recently there have been instances recorded of 'sudden braking' insurance scams where the car in front brakes suddenly without warning just so it's rear-ended and the person behind has to claim on their insurance - some of these 'accidents' even involve previous write-offs brought back from the insurance companies and there have been instances of the brake lights being disconnected or the bulbs being broken. But in the end it's still the person that hits the rear that is to blame :-(
I am afraid that it is more likely that the other person could claim your undue care and attention. Although it is NOT now always the case that a hit from behind is the person behinds fault. For example someone could deliberatly stamp on a brake to let you hit them, or as we should always know whats behind us with good mirror work etc.
I worked doing motor claims for a big insurance company.

In most cases like this insurance companies have 'knock for knock' mutual agreements. In unclear cases like this, it basically saves time, futile efforts and money finding out who was to blame. It's an understanding that most insurance companies have.

In theory, the car behind is always to blame, as you should be aware of anything insane that the car in front does and allow adequate room to brake or avoid a collision.
It may be a good idea to inform your insurance company as it is more than likely a claim for whiplash injuries will follow when the no fee lawyers get hold of this.
Havent even bothered to read all the replys, classic insurance con, beat the fcuk out of them cos there using you mate.
Get your own back later in life when you find your driving something less than desirable and break fcucking heavy in front of someone.
The knock for knock agreement between insurance companies no longer exists.

You are, I'm afraid, completely at fault - it is your responsibility to ensure your way ahed is clear. This has happened to me, so I know how frustrating it is, but you are going to have to hold your hands up to this one.
I would think that damages could be shared (if you are lucky) in a knock for knock but be carefull, as I have known the front driver claiming kneck injuries (whiplash) though not true, days after a similar incident. Inform insurers and police, for the record, even if no injury occured.
I think 'AllyourBase' and many others have the real answer.

I would ignore f03nix reply as this sounds like someone too young to be a driver.
I'm Afraid IMO it is your fault but just to put a few people staright such as Simeon, if you hit someone from behind youre in the wrong most times but NOT every time. If someone pulls out of a minor road into a major road and you hit them in the back then it is their fault and not yours.
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Update!
Tried to contact the guy today (who incidentally gave me one name, then when he saw I write it in my phone gave me another, saying it was his nickname!) and the number he gave me is unobtainable. And he never asked for my details, its only when I left I realised that! Have given my insurance company his reg number / car etc but they suspect he could be uninsured !
Tried to report to police, they told me to go through insurance company. Thanks for all advice just saving to fix my car now as tpf & t
Wouldn't worry about him claiming as he sounds a dodgy driver and shouldn't have been their at all.
Suss him out and then claim off him (if possible) or if not insured, take him to court through the small claims system for the damages.
Good Luck!

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