Rear end shunt accident

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Mon 21 Feb 2011 17:47
Rear end shunt accident - stu68

Over a year ago now I had an accident. I was the front car a multiple car accident. The brief of it is, I was travelling in a line of traffic, the cars infront of me started to slow down so I did, they then stopped so I did as did the vehicle behind me, however the 3rd car back failed to stop in time and pushed the car behind me into me and then other cars impacted.

The top and bottom is I am taking the 3rd vehicle to court for the cost of my damage and injuries, they have now turned around and said I am 50% liable for the accident due to the fact I stopped. This is a concern for me as I stopped in good time as to not hit the car infront, and then the car behind me stopped without hitting me. As the 3rd car back caused the first impact how can they say I am 50% to blame???

Any idea's? I am concerned I will lose the case.

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Mon 21 Feb 2011 20:46
Rear end shunt accident - martint123

I think you ought to be taking the car that actually hit you to court and in turn they do the one behind them.

Regarding the fact they say it is 50% your fault - I would just ignore them and say "see you in court".

However, a reply from a professional may be more comforting ??

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Mon 21 Feb 2011 21:08
Rear end shunt accident - injection doc

I was high impacted from behind on the motorway whilst stationary as the vehicles in front had stopped and was hit with full force from the car behind who had made no attempt to slow down !

The insurance company tried every trick in the book to convince me I was in the wrong and caused the accident. Do not talk to anyone on the phone unless yopu know who it is.

I claimed from the car that hit me even though my car then destroyed others and the others all claimed of the guy that caused it.

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Mon 21 Feb 2011 22:12
Rear end shunt accident - Falkirk Bairn

I was hit in the same manner , car behind me stopped (old MB) and the next one (New MB) shunted the car into mine ( 2 weeks old).

Both cars were with the same insurer, one was a company car and the claims office was Leeds, the chap behind me owned his car and the claim was based out of the Glasgow claims office. Neither wanted to take the blame although they work for the same insurer (different divisions of the same insurer)

20 months later they settled on the eve of the court case. The lawyer's bill exceeded the damage to my car which was £1,000 + car hire of £300-£400.

My advice is just instruct your lawyer to negotiate and then take court action if they do not admit liability.

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Tue 22 Feb 2011 00:29
Rear end shunt accident - Carole4X4
Can't you use the recent 'motorway cops' tv program when the traffic was stopping slowly and correctly but the box hgv failed to react in time and hit the back of an artic which pushed the artic into the back of a vectra. The boxhgv driver was convicted of driving offences and fined and had points on his licence. Must form some kind of precedence in this type of case.

Just a thought from a reader with no legal/insurance knowledge via the trade.
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Tue 22 Feb 2011 07:21
Rear end shunt accident - LucyBC
A "rear end shunt with no frontal damage" is insurance company shorthand for 100% non-fault for the car that was rear ended (ie you).

There are a very limited number of exceptions - that you reversed into them (becoming increasingly popular in no-witness cases after people search the internet for excuses and get-outs - but not likely in your case) and if you deliberately caused the accident (by slowing up rapidly and then jamming on the brakes).

If this gets to court there is no way this will go 50:50 (unless there is something you haven't told us) and I would be more than happy to assist with your case. Send me more information to asklucy@honestjohn.co.uk
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Tue 22 Feb 2011 20:19
Rear end shunt accident - stu68

Thanks all for the reply's I do already have legal representation with this but I was concerned yesterday when I was told this. 20 odd years of driving and I have never been involved in anything like this before.

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