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Rear Collision - Welliesorter
I'd be interested in views on the subject of a minor collision that I've been involved in.

A couple of nights ago, I was following a vehicle towing a large trailer at a fairly slow speed on a fairly busy single carriageway. The trailer (similar to a horse box) was so large that I couldn't see what type of vehcle it was.

The vehicle stopped without apparent warning and I had to brake sharply to avoid hitting the back of it. I was able to stop a few feet short but the car behind didn't manage to do the same. I heard a loud thud but I don't recall feeling any impact.

The driver of the car behind and I both got out to see the vehicle in front driving off. In fact the first thing I said to her was the registration number on the trailer so that we would have an opportunity to remember it and write it down.

A quick glance revealed that the damage to both our cars didn't look too serious so the first thing we did was pull onto the grass verge to avoid any further accidents.

As it was dark and not a suitable place to have stopped,we agreed that we needed to survey the damage in daylight and then get in touch. The other car (a current shape Fiesta) had a damaged number plate and a dislodged radiator grille but I couldn't see any damage to the any metal parts The best case scenario is that the grille can be put back in place and it'll need a new number plate. I'm hoping that the only damage to my own car is more or less cosmetic: I have a couple of impressions in my plastic rear bumper, I think where the number plate edges or screws hit, and a row of much finer scratches, in an area the width of a number plate. I've pressed down on the bumper and pulled up from below it and it seems as solid as ever. I'd still like to have it checked by a garage before travelling any distance though.

I've been led to believe that pretty much any rear collision is considered to be the fault of the driver behind, the assumption being that everyone should be driving with a sufficient gap to be able to react to the vehicle ahead doing something unexpected.

Although I didn't hit the back of anything myself, I can't help feeling that blame for this incident is shared: the driver of the vehicle in front for stopping unexpectedly by the side of a busy road (but he may have had a valid reason), me for having to brake sharply because I didn't react quickly enough, and the driver of the car behind for the same reason and for not allowing a sufficient safety margin to allow for such possibilities. To have done so little damge, the car must have been almost at a halt when it hit me and within inches of being able to stop safely.

The driver in front certainly shouldn't have driven off without our having the opportunity to speak to him. There's an outside chance that he wasn't fully aware of what was going on behind, but whether he heard the impact or not, it's hard to believe he didn't see us get out of our cars.

The other driver, who can't have been much more than 20, was apologetic, reasonable and possibly a little shaken by the incident. Perhaps I was more shocked than I realised at the time but I continued my journey as I only had a few more miles to go. I'm still very relieved that the incident wasn't a lot worse and that I didn't hit the trailer, especially if it had livestock inside.

My feeling is that, unless the damage is signficantly more serious or expensive to fix than it looks, the fairest and simplest outcome would be for each of us to pay for the damage to our own vehicles and forget about the incident. If we were to do this, are we under any obligation to involve our insurance companies? How would I answer the question of whether I'd been an accident that was my fault now?

I have the other driver's details but haven't heard from her or contacted her myself, so I'm wondering what to do now, and what to say when I speak to her.

Any thoughts? I'm sure there must be issues that I've missed here.
Rear Collision - blue_haddock
The vehicle in front of you probably wasn't aware there was an accident behind him and can't really be blamed for the incident. You kept sufficient gap to be able to stop in time however the person that hit you didn't - it it therefore their fault.

If you decide to pay for your own damage then you will either have to pay for it yourself or put it down as a fault accident and lose NCB. Before agreeing to pay for the damage yourself you should get the car looked at as it may have dmaged mountings behind the bumper etc.

Personally i would claim on the other drivers insurance - why should you be out of pocket when they hit you?
Rear Collision - Altea Ego
There is no blame to share. The car that hits the car in front is 100% to blame.

In New Zealand its called "failing to stop short" and you get a ticket for it as well.
------------------------------
TourVanMan TM < Ex RF >
Rear Collision - No FM2R
TVM is correct. Totally the fault of the vehicle behind. 100%.
Rear Collision - Citroënian {P}
>>In New Zealand its called "failing to stop short" and you get a ticket for it as well.

Someone's been watching too much Motorway Patrol


Lee -- Without bills, magazines and junk mail, there is no mail
Rear Collision - Aprilia
You're onto a loser trying to blame the horse-box driver. Lots of people drive too close these days - especially if you are going 30mph in a 30 limit. I am an IAM member and used to do some 'observing' (dropped it through my own apathy, I'm sorrry to say!). One thing I noticed is that most observed drivers followed too closely. Remember, the two-second-rule works at any speed, not just on high-speed roads. Two seconds is not much, but better than the <1 second that at lot of people allow.
Driver who hit you is at fault in this case, so I guess you have to decide whether to claim of their insurance or give them the opportunity to pay for a 'cash repair'.
Rear Collision - artful dodger {P}
If the vehicle had not been following you so close, there would have not been an accident. So not your fault at all, so why should you be out of pocket.


--
Roger
I read frequently, but only post when I have something useful to say.
Rear Collision - runboy
Just playing devils advocate....

What would be the situation where a vehicle pulls out in front of you and then slams on the brakes? I only ask as this happened to me yesterday-some old dimwit sped out of car park which fronts onto the road I had just turned into. I braked slightly and then heavily as the driver just stopped in the middle of the road. He then moved off and turned without any indication (how can some drivers sleep at night with the chaos they cause). How would that be viewed if I had hit him?

What about failure of brake lights-would that mean a 50/50n insurance claim?

Just interested in opinions!
Rear Collision - Manatee
It's not your fault, but you feel some responsibility - perhaps because you could possibly have avoided it, by being further away or more on the ball. So consider yourself fortunate that you have no liability, and if there is an opportunity to learn from the accident, take it.

I have a colleague who considers himself unlucky because people always seem to be running into the back of him. It's 100% their fault of course, but there is an obvious common factor that he will spot eventually!

Glad that the damage is minimal.
Rear Collision - Cliff Pope
30 mph = 44 feet per second. Therefore in two seconds a vehicle travels 88 feet. Were you 88 feet behind the trailer? Was the other driver 88 feet behind you?
Rear Collision - Mondaywoe
Considering the fact that there appears to be only minor damage to your car, the chances are that it can be fixed for around the cost of an excess on your insurance. Even if you managed to recover the excess and had a protected NCD you would still have to 'declare' the accident for the next few years when renewing your insurance with a consequent hike on premiums. Bottom line is you would probably still be out of pocket.

I think the best thing would be for both of you to pay for your own damage as you suggest and avoid going through insurance at all.

Getting a garage to put your car up on a lift and check for possible damage underneath would be a good idea. Hidden damage is perfectly possible - but probably unlikely in this case. Do this first before talking to the other driver again.If expensive damage has been caused you should use the insurance option, making it perfectly clear that the other driver was at fault.

Graeme
Rear Collision - Welliesorter
Thanks for all the replies.

The responses were more or less what I expected but I wasn't expecting quite this level of unanimity. Graeme summed things up nicely and also reinforced my own initial thoughts. I need to get the damage assessed properly and then decide what to do. I'm 300 miles away from home but there's a main dealer just down the road. I'll take it there and ask for an opinion before I go home.

If the damage is superficial and not expensive to fix, I'll just use it as an opportunity to get some minor chips and scratches sorted at the same time.
Rear Collision - sierraman
30 mph = 44 feet per second. Therefore in two seconds
a vehicle travels 88 feet. Were you 88 feet behind the
trailer? Was the other driver 88 feet behind you?


It isn't as simple as that,the leading vehicle will also need 88feet to stopi.e.it can't stop dead.If two vehicles both applied brakes at the same time,everything else being equal,they would maintain their distance.The space left must allow for reaction time more than stopping distance,leaving a 30 yard gap at 30 mph would be impractical.
Rear Collision - Editor
well it's lovely to read such a nicely put scenario without dogmatic assertions that I encounter on another forum-Aprilia prob knows which one I mean!!

Well it's all been said, but my 2d worth, which took a rear ender to myself to develop this view, is that I manage the space in front & behind-safey bubble concept. If vehicle behind is too close then I increase space in front so should vehicle in front stop unexpectedly then I don't need to break so hard, giving matey behind a fighting chance not to hit me!

Not really a surprise that assembly drove off-if you couldn't see him how would he see you?

Insurance-matey behind's issue. Fiesta's have never been great in a front ender-lucky not to have bust the rad.

Good Q about the hypothetical-not sure here. Essentially if in the end result you are going to get hurt, it's little comfort to be saying from your hospital bed that you are in the right..

Hope it all works out fine.
--
www.bayingbasset.com

Rear Collision - Hugo {P}
The horsebox towing driver is simply not involved in the accident.

Welliesorter stopped in time to avoid hitting the horsebox thereby taking all necessary seps to avoid an accident, so he was driving with due care and attention.

The Fiesta driver was not taking necessary steps to avoid an accident. Hence WS has a good 100% claim on Fiesta's insurance.

H
Rear Collision - JamesH
Regarding blame, I agree with all the other posts in that you have none. Something similar happened to me a few years ago and I put it through the insurance knowing it wasn't my fault.

Expect lots of grief from the other party's insurers and maybe yours too. As clear cut as it is, the lack of any witnesses could delay things if the driver of the other car decides he wasn't to blame, or there never was an accident.

The cost might be more than you think. The Fiesta I had needed a new rear bumper but also a dent removing and painting behind it. Being an insurance job, the Ford dealer's bill came to over £700 even without a courtesy car. The car was also off the road for three weeks due to parts shortages.

James
Rear Collision - deepwith
Just as a further note - I was taught to stop at traffic lights so you could see the wheels touch tarmac on the car ahead so if you were rear ended you had space, also if the car in front stalled you can get round it. My husband learned the sense of this some years ago when he was rear-ended hard while stationary driving him into the car ahead. The guy in front looked as though he was about to hit husband- who could only indicate the third car. Incidentally the first and third cars were write offs - his volvo just had compacted bumpers!
Rear Collision - Lud
Sunny morning, late spring, 1970 or so, going west in the outside lane of Marylebone road. Car in front stops at traffic light. I stop behind it. The car behind stops behind me. Short pause. Scream of tyres. Bababam, slight jerk. Screaming idiot running up and down shouting in a Hungarian accent: 'I was blinded by a reflection! I was blinded by a reflection!.

His car, whatever it was, and the car between, a Cortina Mk II I think, both leaking oil and water all over the road. My R Type Bentley driveable but very expensively bent at the back, not just the huge aluminium boot lid but the whole of one side bowed out of shape. A goner.

Out of idleness, neurosis etc., never got a penny of insurance. You have to run up and down screaming in a Hungarian accent for week after week to get anywhere with insurance. No one prosecuted the idiot responsible, yet another reason for feeling an idiot.

Rear Collision - Sofa Spud
It's generally accepted that a driver who collides with the rear of the car in front is always automatically to blame.

This isn't necessarily the case. I had an incident once (didn't result in an accident, luckily) that illustrates this. I was driving along a main A road when a car pulls of a nearside turning right in front of me to go in the same direction as me. I brake sharply but driver then almost immediately decides to take the next right turn and stops in the road to give way to oncoming traffic. I am aleady braking from when this car pulled out and just managed to stop.

Rear Collision - Avant
I'm sure everyone is right, and there's no hope of pinning any liability on to the horsebox driver - but I do have a lot of sympathy both for Welliesorter and for the girl in the Fiesta.

It's a pity that stopping suddenly and unreasonably, without due cause, isn't an offence. It happens far too often and although one should always follow the 2-second rule (saying "A thousand, a thousand and one" is what I was taught), we are only human and we often unwittingly get closer than we should. Morally the horsebox driver was the cause of all this.

As a general rule I try and keep more than 2 seconds away from horseboxes - too many (no, not all, in case there are any horsey Backroomers) are driven by inexperienced drivers with not enough idea of the size etc. of the vehicle. After all, provided that it doesn't weigh more than the HGV limit (3.5 tonmnes isn't it?) a stable-lad or lass can get out of their Nova, Saxo or whatever and drive the horsebox, or Land Rover with trailer. Frightening!
Rear Collision - local yokel
>It's a pity that stopping suddenly and unreasonably, without due cause, isn't an offence.

Read the OP - it was dark and the OP could not see the towing vehicle, so how can we tell that the driver's actions were unreasonable? Perhaps he'd seen a child step off the pavement without looking, for example. The child might have stopped, retreated and so the driver continued.
Rear Collision - sierraman
It's a pity that stopping suddenly and unreasonably, without due cause, isn't an offence.

There are many reasons why someone may do this,a sudden attack of pain,large nasty insect come in thru window,idiot behind the wheel,whatever,if you leave enough space you will not hit them.However you look at it there is no getting away from this simple concept.
Rear Collision - Dipstick
Dual carriageway. I'm overtaking a stream of cars. JUST before I reach one of them - as in about ten feet - he pulls out in front of me, into the overtaking lane. His speed is significantly lower than mine, brake skid bang. I wasn't speeding.

Yes he signalled, at which point I hit the brakes, so was already slowing as he pulled out - but the closing speed was too great. Nobody hurt, fortunately, but my car written off.

Was that my fault?

Yes. Court case, four points and due care on my licence now. It's ALWAYS the fault of the driver behind even in face of the laws of physics.

Rear Collision - Hamsafar
Leave yourself an 'out'.
Always expected the unexpected.

etc...
Rear Collision - sir_hiss
Dual carriageway. I'm overtaking a stream of cars. JUST before I
reach one of them - as in about ten feet -
he pulls out in front of me, into the overtaking lane.
His speed is significantly lower than mine, brake skid bang. I
wasn't speeding.
Yes he signalled, at which point I hit the brakes, so
was already slowing as he pulled out - but the closing
speed was too great. Nobody hurt, fortunately, but my car written
off.
Was that my fault?
Yes. Court case, four points and due care on my licence
now. It's ALWAYS the fault of the driver behind even in
face of the laws of physics.

I've read this thread a couple of times and I can't seem to get my head around this message. Did the driver who pulled out get prosecuted as well ? Surely if a driver indicates and then immediately pulls out, (evidently without looking), they must be at fault here?
Rear Collision - deepwith
Avant, I know there are lots of poor drivers of all vehicles but I have to say again, that if you have horses on board you will ONLY stop suddenly or unreasonably if an absolutely dire emergency, however poor a driver. Horses are on four, very breakable, legs and panic easily. That is why they are so slow, especially round corners, take corners wide and if they start to pull out do not stop suddenly if a fast car appears. Hope this helps you understand why they are so annoying to follow and, yes, give them lots of room please!!

The poor horse trailer drivers I have seen have usually been middle aged dads who drive as if still in their Audi or BMW - that is scary! Ex-horsey poster!!
Rear Collision - irv
that's exactly what happened to me in december, except I was the unlucky one who ran into the back of a stationary merc.
yes its certainly true we could avoid all accidents by going slower and alwasy leaving 120 feet just incase there is black ice or your brakes suddenly fail, but accidents do happen.
Rear Collision - NVH
Welliesorter
the simplest possible outcome for you would be a cheque from the 20-something made out to your bodyshop - assuming there is no insurance claim.

Re: backenders: when i had my cav estate, boy racer ran into the back of me at a red light. No damage to the cav, but boy lost 3 sets of driving lights on the front bumper !

..and i did once backend a parked mondeo. I was cycling up a 1 in 6 with my nose over the front wheel...no damage, thankfully !
Rear Collision - Welliesorter
It looks as if this will have to be an insurance job.

I've taken my car to the nearest main dealer who sent me to their bodyshop.

Their man came out, tested the tailgate a few times (fine, but I already knew that) looked under the bumper and said he'll put an estimate in the post.

I asked him for a sensible guess and he said £180ish for a new bumper, £200ish for labour so with VAT, £500 would be a sensible guess. He said the car is safe to drive in its present state. He asked for the name of my insurance company and the other driver's, and put a lot of stress on the fact that he was an authorised repairer and that I didn't have to accept the insurance company's choice of garage.

So what's my next course of action? Contact the other driver or ring my insurance company?

I also, through my bank, have something called 'AA Accident Management' which 'may include recovering your vehicle to a garage, organising a replacement vehicle and arranging paperwork between you, your insurer and the repairers'. Should I make use of this?
Rear Collision - Welliesorter
I forgot to add that the situation is complicated by the fact that I'm a long way from home and not planning to return until Wednesday.
Rear Collision - Welliesorter
I've notified my insurance company and they've given me a claim number and the name of their nearest approved garage, and told me I'll hear from them shortly. They say there's no need for me to contact the other driver at all.

I don't see any reason to object to their choice of repairer as it's a main Ford dealer about a mile from where I live.
Rear Collision - Aretas
But, surely, if you are not to lose your no claims discount you will have to get your excess from the driver who hit you? I doubt if your ins co will do that for you.
Rear Collision - Welliesorter
But, surely, if you are not to lose your no claims
discount you will have to get your excess from the driver
who hit you? I doubt if your ins co will do
that for you.


They said I would have to pay it directly to the garage and it would be recovered later if appropriate.

Rear Collision - Dynamic Dave
I've notified my insurance company ....


Did they not query why you didn't report the accident within 24 hrs of it happening?
Rear Collision - PhilDews
When I was hit 'up the rear' so to speak (oo er missus!), elephant.co.uk (via Albany Uninsured Loss Recovery) did all the work, booked it into a garage, arranged a suitable hire car (BMW X5), paid my excess for me. All I had to was sign two bits of paper and take deliver of the hire vehicle.

If anyone wonders whether the £10 legal expenses extra is worth having, theres your answer!

Rear Collision - Welliesorter
Did they not query why you didn't report the accident within
24 hrs of it happening?


Thankfully not, but it was concern about that that prevented me delaying any longer. I believe the requirement is to report it as soon as reasonably practical. I'd have thought the first working day later would be reasonable.
Rear Collision - Welliesorter
It's been nearly three weeks since the incident. My car has been fixed and I've paid the excess. To my untrained eye, the car looks as good as new so no complaints there.

Since I reported the incident to the insurance company, all I've received from them is a standard 'thank you for contacting us' letter, and a phone call to make sure the repairer had been in touch. Apart from the brief account of the incident that I gave over the phone, I haven't even given them my version of events. Certainly, they haven't contacted me about the claim or what (if anything) is happening regarding the other driver.

Is this par for the course or should I be chasing them for information? Shouldn't I have been asked to fill in a form giving my version of events or will they just act on the basis of what I told them on the phone?

Rear Collision - Lud
Least said soonest mended. Why bother with a load of carp from insurance men?
Rear Collision - cheddar
Except that you want to make sure it is the other parties insurer that stumps up, not yours.
Rear Collision - Welliesorter
Least said soonest mended. Why bother with a load of carp from >> insurance men?


Yes, my thoughts too, except...
Except that you want to make sure it is the other
parties insurer that stumps up, not yours.


Indeed. My concern is that an oversight now may be storing up problems for later.

Does anyone with recent experience of dealing with insurance companies have any insights to offer? In particular, is it normal to submit some sort of claim form? I seem to remember my father completing forms, and even drawing diagrams, when he had to report incidents in the olden days. Also, what sort of timescales are usual before being able to draw a line under the matter?

After my post last night, it dawned on me that I'm 37 years old and have never before made an insurance claim of any kind for any purpose whatsoever (cue smell of burning as house instantly burns down). I wonder if this is some sort of record.
Rear Collision - Cliff Pope
And when you reach the new retirement age of 87 and try to claim on your National Insurance, you'll find the company has gone out of business.
Rear Collision - Pugugly {P}
I was 36 - a flooded kitchen. No motoring claims - yet. Touch wood.
Rear Collision - Welliesorter
The machine is clearly in motion, albeit slowly.

Today I received a call from the other driver, the first contact I've had with her since the incident. She had received a form from her insurance company and was obviously upset.

She was upset with me for not telling her that I intended to claim from her insurance and felt that she shouldn't lose her no claims bonus when the responsibility for the incident was shared.

I apologised for not having contacted her but explained that my insurance company had advised me against it. I also regretted that the letter had come as a complete shock to her and expressed surprise that it had taken so long for her to receive anything.

I explained that perhaps responsibility for the incident isn't a topic that it would be proper for us to discuss at this point and it was best if we simply leave the insurance companies to get on with their job.

At the time of the accident, the damage looked very minor, and I'd expressed the wish not to involve insurance companies if it was going to be cheap to fix. I got the impression from today's conversation that she'd had her car repaired without contacting her own insurance company and, although the damage looked worse, it was probably less serious than mine.

I felt sorry for her, mainly because the contact from her own company has come as a shock to her. Is it usual for it to take this long? Is it likely to have taken this long just because the paperwork has been sitting on someone's desk for a while, or is it more probable that my company wouldn't have contacted hers until the damage had been assessed and the cost of fixing it known?

Are there things that I should have done differently and is there anything that I should do now? I do feel guilty about not contacting her after the incident but can't help wondering whether any discussions we might have had at the time would have been unhelpful, despite the fact that she has never appeared unreasonable.
Rear Collision - No FM2R
>>when the responsibility for the incident was shared

IIRC, she hit you up the rear when you stopped suddenly so presumably she was either too close or not paying attention. So how's this blame sharing work, then ??

What was the shock ? That she thought she'd got away with it lightly since she hadn't received a letter yet ? Or did she really not think it her fault ? In which case I wonder what else she isn't aware of.

She's upset that you didn't tell her that you would go through insurance after SHE hit YOU ?!?!

Its a funny old world.
Rear Collision - Group B
Are there things that I should have done differently and is
there anything that I should do now?


Probably would have been courteous to let her know you had changed your mind and decided to go through insurance. Her ins. company might have had a go at her for not notifying them.

A few years back I was sitting at the back of a queue at traffic lights when a woman drove into the back of my car. Luckily it was only at low speed but cracked her and my bumpers. She said she wanted to go through insurance (despite her initially having the cheek to say "well how do I know that your car wasnt already like that?").
So I phoned my ins. co. to notify them, and was told to get a quotation. Later that day, before I had chance to do anything about it, her ins. co. phoned me and said as a "goodwill gesture" they would repair my car immediately without me having to pay my excess, and gave me the address of a very convenient garage to take it to the next morning. So I got it repaired and got a courtesy car without having to lift a finger or spend any money.
I hope it goes as easy as that if/when it happens again!
Rear Collision - rja1980
In particular, is it normal to submit some sort of claim form?


It usually is I think, at least if there is any dispute over liability. My insurer said no form would be required if one or the other admitted blame.
I seem to remember my father completing forms, and even drawing diagrams, when he had to report incidents in the olden days.


You should still do this if it will help, many claim forms will have labelled space for diagrams. Photos are even better, if not of the actual collision but at least of the collision location (road layout, signs, etc) and of the damage to the vehicles.
Also, what sort of timescales are usual before being able to draw a line under the matter?


As long as it takes I'm afraid....

Last year, another driver pulled out from a side road into my car. This occured on the 18th June last year; they admitted liability in September but my excess was not returned untill late November after some phone calls to my insurer, even though my insurer had not recovered *any* costs at that time. Even by February not all costs had been recovered so my renewal notice showed no NCB (should be 3 yrs); more phone calls were made untill my insurer put in writing that NCB had be reinstated even though not all costs had been recoverd. Finally, I had a letter from my (ex)insurer this week to say all costs had now been recovered, over 9 months after the collision.

Pity for them that I didnt renewal my insurance & took my business elsewhere.

The point to remember is the insurer is working for you. Of course they have wait for the other insurer to pay for the damage [where the other party is to blame] but its their job to push for the money. My lot dithered around so much I went elsewhere for my insurance.
Rear Collision - henry k
The point to remember is the insurer is working for you.
Of course they have wait for the other insurer to pay
for the damage [where the other party is to blame] but
its their job to push for the money. My lot dithered
around so much I went elsewhere for my insurance.

>>
I had a driver open their door as I was passing and I could not avoid hitting it.
....Eventually it was agreed that half my excess would be payed by the other party.
So I expected a £100 cheque.
After NN calls and being accused of cashing said cheque I asked my legal cover to proceed. Several of their letters failed so I said it was off to court which they agreed. Just prior to the case, having obtained a poor copy of said cheque, all became clear, my insurer, one of the majors had cashed said cheque that had been made out to ME.
I shudder to think how much all that cost, all over just £100 but I was happy with my legal cover.