Help.... Car insurance advice.

About 30mins ago I went into the back of a car (mitsubishi).
I was coming off the motorway and onto a roundabout. There were cars coming on the roundabout so the mitsubishi in front stopped and I stopped as well... The roundabout was then clear so the mitsubishi pulled off. I followed and then all of a sudden, for no reason since there weren't any cars coming, the mitsubishi broke harshly. I didn't brake in time so I went into the back. The damage isn't bad since we weren't going fast but as far as I know, whenever you go into the back of a car it's always your fault!?
I have a witness (a real one) who agrees that it wasn't my fault but is there any way that I can not claim on my insurance...?

Any helpful advice welcome... If you're really that bored then feel free to post fail pics.

24 Comments

no i had same happen to me.even with witnesses i was unable to claim on other persons insurance and i even lost my no claims bonus

Original Poster

Great, thats what I thought. Thanks anyway.

Btw, nice 'Dear John' joke :thumbsup:

Not every case of rear ending is automatically the fault of the second driver.

However, in this case you are I'm afraid. You should not have moved until the car in front had gone, regardless of whether there was any traffic on the roundabout.

That said, you do not have to notify your insurance if you are prepared to settle yourself. You should wait for the other parties insurance company to get in touch and then settle the bill. It is a common practise and perfectly legal.

You do however still have to declare the accident on your next renewal and that may still incur a penalty regardless. Remember, the other insurer will have entered your dettails onto the database, so it will show up in the future.

It depends on how good a witness you have, the strength of his witness statement, whether he is independent or not (ie not related in anyway) and whether he would be prepared to stand up for you in court.

Also if the other had any witnessess, as it could end up being his word against yours.

I got reversed into from a main road and I had a job proving it wasn't my fault, (as the damage implied that he had been hit from behind) but the truth outed in the end, but I know it was only because I had a very very good independent witness who was prepared to go all the way if need be as the other party refused to pull out until three days prior to the court date.

So good luck and keep your witness sweet as he has absalouly no incentive to stand up for you in out and inconvenience himself with all the paper work that lies ahead.

Original Poster

KDH001;2198989

Not every case of rear ending is automatically the fault of the second … Not every case of rear ending is automatically the fault of the second driver.However, in this case you are I'm afraid. You should not have moved until the car in front had gone, regardless of whether there was any traffic on the roundabout.That said, you do not have to notify your insurance if you are prepared to settle yourself. You should wait for the other parties insurance company to get in touch and then settle the bill. It is a common practise and perfectly legal.You do however still have to declare the accident on your next renewal and that may still incur a penalty regardless. Remember, the other insurer will have entered your dettails onto the database, so it will show up in the future.



I did wait, he broke harshly. I think he hit the brake instead of the accelarator. But it is probabaly still my fault.
I might settle myself, depends how much it will cost. His car is more badly damaged then mine.

Original Poster

Sabz03;2199002

It depends on how good a witness you have, the strength of his witness … It depends on how good a witness you have, the strength of his witness statement, whether he is independent or not (ie not related in anyway) and whether he would be prepared to stand up for you in court. Also if the other had any witnessess, as it could end up being his word against yours.I got reversed into from a main road and I had a job proving it wasn't my fault, (as the damage implied that he had been hit from behind) but the truth outed in the end, but I know it was only because I had a very very good independent witness who was prepared to go all the way if need be as the other party refused to pull out until three days prior to the court date.So good luck and keep your witness sweet as he has absalouly no incentive to stand up for you in out and inconvenience himself with all the paper work that lies ahead.



The witness is a reliable witness, he's visinting near where I work so i've bumped into him a few times. The problem is he's not from the UK and he's leaving this weekend... He's willing to write a statement but he won't be able to stand up in court since he won't be here.

Banned

King of Thieves;2199016

I did wait, he broke harshly. I think he hit the brake instead of the … I did wait, he broke harshly. I think he hit the brake instead of the accelarator. But it is probabaly still my fault.I might settle myself, depends how much it will cost. His car is more badly damaged then mine.


if he was starting to move away then he couldnt hvae then hit the brake by accident. was it a young chap as he may be trying for an insurance con but normally these have multiple occupants and are driving old bangers.

Original Poster

csiman;2199034

if he was starting to move away then he couldnt hvae then hit the brake … if he was starting to move away then he couldnt hvae then hit the brake by accident. was it a young chap as he may be trying for an insurance con but normally these have multiple occupants and are driving old bangers.



He seems old, looked around 40 but was driving an old banger.... I'm the young chap so I know the court and insurance companies aren't going to be in my favour. They seem to have it in for young drivers. Looks like my insurance is about to hit the roof :viking:

Banned

40 aint old! :w00t:

King of Thieves;2199028

The witness is a reliable witness, he's visinting near where I work … The witness is a reliable witness, he's visinting near where I work [COLOR="Red"]so i've bumped into him a few times[/COLOR]. The problem is he's not from the UK and he's leaving this weekend... He's willing to write a statement but he won't be able to stand up in court since he won't be here.



You really do need to be more careful:-D

King of Thieves;2199061

He seems old, looked around 40




:shock:

Unlucky man! I nearly had the same fate as you. The person infront decided to break even though it was clear to go on the roundabout and I wasn't looking infront. Luckily my reactions held up and I braked just in time.
Unfortunately there's nothing you can do about this case as it was you who crashed into him regardless of his mistake or not. Just be extra careful next time and remember that there are alot of bad drivers on the road.

csiman;2199074

40 aint old! :w00t:



:friends:

Good argument here for No Claims Protection :thumbsup:

Original Poster

csiman;2199074

40 aint old! :w00t:



jerry;2199088

:shock:



jerry;2199094

:friends:



Remember ladies (& men).... You can still be old and beautiful. Age is nothing but a number, it's whats on the inside that counts. :thumbsup:

(40 is still old though :p)

Original Poster

tuggy;2199076

You really do need to be more careful:-D



Thanks for the help, i'll keep that in mind... :thumbsup:

Original Poster

jerry;2199106

Good argument here for No Claims Protection :thumbsup:



You being serious or are you joking. I have no claims so if you're being serious then please explain... ?

King,

Unfortunately most of the inviduals posting here are right. You went into the back of him. The rule is that you should leave enough space between you and the driver in front to allow you to stop in time should the driver in front perform an emegency stop. I know you had just set off from a stationary position but I think it still applies.

One further note of caution if you decide to settle the insurance claim yourself - claims for whiplash by the other driver. I don't want to depress you even more but in these days of no win no fees you would be surprised at the dishonesty of some people. Just be aware.

King of Thieves;2199138

You being serious or are you joking. I have no claims so if you're being … You being serious or are you joking. I have no claims so if you're being serious then please explain... ?


I think he was trying to say that if you had protected your no claims then you will still keep your no claims bonus.

Original Poster

Spriggan;2199161

I think he was trying to say that if you had protected your no claims … I think he was trying to say that if you had protected your no claims then you wouldn't have lost them.



They are protected, but run the risk of being lost.... Something about having more then one name on the policy can affect your no claim bonus.

Oh well, thanks to all for the advice.

You're expected to drive within your stopping distance and always need room to stop. Although it's highly unlikely, there's always a small chance the guy in front will have a problem with himself or his car and will need to stop in a hurry.

So: Did you leave enough room to stop?

Same applies to those tailgating numbnuts on the motorway.

Original Poster

Fluffykins;2199203

You're expected to drive within your stopping distance and always need … You're expected to drive within your stopping distance and always need room to stop. Although it's highly unlikely, there's always a small chance the guy in front will have a problem with himself or his car and will need to stop in a hurry.So: Did you leave enough room to stop?Same applies to those tailgating numbnuts on the motorway.



I normally do but when we first stopped at the roundabout we had to break quick (but not harshly) due to some stupid lorry cutting us up, so I ended up closer to the back of the mistubishi then I normally would have.

Also I drive on the motorway everyday to work. So to answer your second, more subtle question, no I am not a tailgating numbnut lol.

They are protected, but run the risk of being lost.... Something about … They are protected, but run the risk of being lost.... Something about having more then one name on the policy can affect your no claim bonus



Normally the only reason you can lose your protection is if you claim more times than your protection allows (e.g. twice within 3 years). I've NEVER lost it because of having more than one person on my policy, & I've been driving a long time - I'm old (over 40:giggle:)

Original Poster

cis_groupie;2199294

Normally the only reason you can lose your protection is if you claim … Normally the only reason you can lose your protection is if you claim more times than your protection allows (e.g. twice within 3 years). I've NEVER lost it because of having more than one person on my policy, & I've been driving a long time - I'm old (over 40:giggle:)



LOL, i didn't mean any offence with the old remark.... Yea I've claimed once already, this will be my second :-(... Was hoping for a way to get out of it but looks like I'm screwed.
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