I was hit by a car while stopped at a school crossing.

[boo3]

I was driving home one afternoon after just collecting my daughter from school.
As we approached a primary school, the school crossing patrol, signalled the traffic to stop.
I did and there was one other car also stopped in front of me. Approx 40-50 seconds later while the school crossing patrol person was in the middle of the road and at least half a dozen children/parents were mid crossing a car drove straight into the back of me. He hit us so hard we were shunted into the car that was stopped in front of us.
Immediately the driver who hit us jumped out of his car and apologised saying he'd looked out of his window for a second and not notice we had stopped. He admitted he was at fault. We all exchanged details, I contacted my insurance company etc etc, Now six wks on the insurance company are saying the other driver is not admitting liability and it looks like it will take a while to investigate as to who was at fault they say its a grey area when trying to establish who was at fault...HOW could it be, How could I have avoided this.

[another-view]

"How could I have avoided this"

Asked your daughter to walk home from school?

[Greedyfly]

I don't think you could have avoided this. It would seem it was his fault and no he is trying to get out of it?!

How can it be grey? You were at a crossing where you had to stop?!

[OrcadianOil]

The only way you could have avoided it was to either contact Police to request they attend the scene (had there been injuries / allegations of blame etc), or it would have had to have been reported to the Police in any case within 24 hours.

The Police would then have investigated and you would have probably known by now who, if anyone, was being held liable, and what punishment was to be meted out.

[redcrx]

can you get witness details, presumably the traffic crossing person will be first place to ask.

[Ankou]

its a sad state of affairs when it omes to insurance payouts, they will stall and delay for as long as they can. both sides..

have you been able to secure any witnesses ?

[OrcadianOil]

Just to clear up any ambiguity about me first post, the Police would either have had to have been contacted *on the day*, or in any case within 24 hours.

Sorry for any confusion. It's now down to the various insurance companies who will indeed spin it out for yonks.

[Davethedog]

Boo - He hit you from behind he has no defence, do you have witnesses? and if so did they hear him apologise?

Unfortunatley you can't avoid it you have done nothing wrong, just let your insurance company sort it out.

Orcadian the police will not attend traffic accidents unless there are injuries, there would have been no "investigation"

[LisaB]

Some insurance policies become void if the driver admits responsibility. You know it was him, and so does he - but for his insurance company to pay up, he's not allowed to admit liability - and it it can be proved that he did, the chances are that his insurance company will refuse to pay out on that basis. It's completely unfair, and equally is the fact that unless you have protected no-claims, you'll almost certainly pay for it at some time. 'No Claims Insurance' means that you've never CLAIMED. If you claim on your insurance, it doesn't mean you're not blameless, which it does sould like you are! It's a messed up system.

[jake-the-peg]

I rather think the police would have asked you if anyone had been injured and when you said no told you to sort it out with your insurance companies!

I can't see what what leg he thinks he has to stand on - if he drove into stationary traffic. I'd expect his insurance company will cave in pretty fast.

This is presuming he's insured

pop his number in here and see what it says

http://www.askmid.com/ownvehicle/

[tamborine]

you were sandwiched....get the patrol officer as a witness & threaten driver with Court action for damage & dangerous driving. The Magistrate will throw the book at him, especially due to school crossing.

Take photos of your damage, estimates for repair, hospital for whiplash; evidence ?

[Barmaid]

LisaB - the insurers for the third party can not escape liability to boo3 simply by him admitting liability. Even if the driver was not insured for that car, but they covered the vehicle, they are liable to the extent of any unsatisfied judgement in boo's favour.

[OrcadianOil]

In my experience, I'd be very surprised if no one at least suffered whiplash injuries, therefore making it was is called "a reportable road traffic accident", in which case the Police would have been duty bound to attend the scene.

I find it a bit odd, too, that with not only 3 vehicles involved, but presumably quite a few people there or nearby, that no one saw fit to dial 999 and contact Police and/or Ambulance Service?

[Davethedog]

Boo hasn't said there were any injuries and I would love to hear your experience.

If you have a traffic accident and you call the police, the first question they ask is "has anyone been hurt" if the answer is no they will not attend.

[andy-hughes]

I think lisa is correct on this.

My car was totalled by a National Express coach coming up on my right side as I executed a right-hand turn. He said absolutely notning at all, to me or the police officer i called - and she was unable to get involved because no-one claimed injury at the time.

We went to court, and it was judged 60% - 40% liability against him, so it was worth it.

Youmay need to go to court, but with an apparently open-and-shut case, you shouldn;t have any probelm - it's just such a fag to go through, when the two of you could have it sorted and paid for in days.

[OrcadianOil]

Davethedog,
My experience of having been a Police Officer who attended numerous similar incidents, plus personal experience of having been involved in a similar RTA some years ago when I was driving, indicated to turn, stopped opposite the junction, a vehicle behind me did likewise, but the pr*t in the third vehicle wasn't paying attention and smacked the one behind me which in turn was whacked into the rear end of my car, resulting in whiplash injuries and leg injuries.

[OrcadianOil]

Davethedog,
You're wrong that the Police "will not attend" non injury RTAs - I attended loads of them, as well as the injury ones.

[Barmaid]

s151 RTA 1988 provides authority for what I have said. The insurance company will NOT be able to escape liability on the basis of his admission.

I would suggest that BOO attempts to get evidence from the school crossing patrol. Suggest to her insurers that they need to lodge proceedings in the small claim court and let the judge decide (it won't be a magistrate, it will be a county court judge). Unless he is going to say she reversed into him and then rammed the car in front (and be believed) the likelihood of Boo winning is reasonably good. Furthermore, presumably the driver in front is also claiming. Try and get a tri-part case heard all at once by the same Judge.

[woozer]

Liability will rest with the guy who hit you in the rear he has no defence. Even if you have no one willing to stand as an independent witness presumably you have damage to your vehicle that is commensurate with the event you describe.. Your insurer should (and probably will ) write to the Third Part holding them responsible and then threaten court action to obtain a settlement - dont get involved in bringing actions yourself its not worth the hastle and could prejudice your insurers recovery. Remember if they do not get their outlay back you will lose your bonus and I believe you cannot bring two cases against someone fo rthe same event so be careful. Make you insurance company do the work, ring them up and make a nuisanceof yourself for a couple of weeks. They will soon threaten to issue against the Third Part just to get rid of you and that should then bring things to a swift conclusion in your favour.

[Everhelpful]

If he hit you from behind he is at fault, he should be driving at a safe stopping distance behind you.