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Original poster

Somebody went into the back of my car. What do I do??

27 replies

MummySharkDoodoododoo · 18/09/2018 12:14

Right so on the school run this morning and somebody went into the back of me for what seemed like no reason (I didn't break suddenly or anything) and then the person behind went into them. The car behind that stopped and gave me her number and said she saw that the car at the back wasn't even looking at the road.

Car that hit me is insisting it's my fault for "not signalling" (I was driving in a straight line at a low speed, on a road that's always slow due to traffic). Her English wasn't great.

Neither of the 2 drivers want to go through insurance, and I understand why after getting screwed a few years ago with a no fault claim in a similar situation but my car was stationary at the time, didn't loose no claims but as you have to declare it on insurance quotes it meant my insurance was into the thousands and therefore I couldn't afford it and shared my partners car for a few years which meant I then lost my no claims anyway.

My mum said I legally must report it to my insurance. It will be a no fault claim I assume especially as I have a witness that will confirm I did nothing wrong but equally I can't afford for my insurance to rocket again.

All 3 cars have a small amount of damage, mainly cosmetic but possibly also my parking sensors, will get my ex to look at it better later. Middle car obviously was the worst damage as it got it both ends.

My friend says that the car that hit me should pay for my repairs if they don't want to go through the insurance but as she insists it's my fault I can't see her agreeing to that.

We all swapped numbers to deal with it later as all of us were on our way to schools/work etc. I had 3 kids and 2 dogs in the car with me.

Any advice???

OP posts:
madasamarchhare · 18/09/2018 12:18

My understanding is that if a car goes into the back of you it is always their fault for not keeping sufficient stopping distance. I would be wary about not going through insurance as there could be more damage that cannot be seen.
Legally, all accidents should be reported to insurance anyway.

ItsJustASimpleLine · 18/09/2018 12:19

You're not at fault. The person who drove into you is for not paying due care and attention. The person who went into them is then responsible for the damage to the middle cars rear as they too were not paying due care and attention.

Imnotaslimjim · 18/09/2018 12:19

It is almost always the fault of the driver behind. It doesn't matter want speed you were doing, whether you signalled or not or made an emergency stop. The driver behind should leave a long enough gap to be able to avoid you. Personally, I would hand it to the insurance and let them deal with it.

Foxyloxy1plus1 · 18/09/2018 12:23

Unless you reverse into someone, it’s always the fault of the car behind, because you should always leave sufficient room to stop safely, whatever the conditions and whatever other drivers are doing. It sounds like they were all driving too close to one another.

I would go through insurance because it’s not a straightforward situation with several cars involved. Until you have your car assessed, you do t know what damage has occurred.

Thatstheendofmytether · 18/09/2018 12:23

If you don't claim through your insurance I'm not sure you do have to tell them tbh. I smashes into a pillar reversing out a space in an empty car park a while back. My partner went mad when I contacted the insurance and told them because he decided not to claim it through the insurance. Might be wrong about that though.
I can't see her paying for the damage out her own packet but technically if someone goes into the back of you it's their fault no matter what. Well so the police told us when a woman smashed into the back of us. My partner did break quite sharply because he had to but I don't think she even attempted to stop, think she may have been on her phone because she didn't quibble about it at all.

Notajourno · 18/09/2018 12:27

@Thatstheendofmytether this advice is incorrect and is insurance fraud.

You have to tell your insurance company as it is a contractual requirement your policy can be cancelled and you will struggle to get another if you are caught as it influences your premiums. It will always be the person behinds fault but you need to go through your insurance who will contact her insurance.

endofthelinefinally · 18/09/2018 12:30

I believe that if another vehicle is involved you must report it to your insurance. You would be amazed how frequently the person at fault lies.
Better to write an accurate account, with photographs, now, while it is fresh in your mind.

Thatstheendofmytether · 18/09/2018 12:31

@Notajourno

Well luckily I phoned them then eh? Although when I crashed into the pillar no one else was involved so didn't need to claim insurance for damage to anyone else's vehicle or my own. I also did say I might be wrong. You can untangle your knickers know.

Notajourno · 18/09/2018 12:47

@Thatstheendofmytether

My knickers are fine thank you.

I only highlighted the inaccuracy of your post in relation to my longer post

Threads like these tend to fill up fast with people giving the wrong information that could land the OP in hot water if followed.

Thatstheendofmytether · 18/09/2018 13:06

Hense why I said I could be wrong, but clearly I didn't commit fraud because I did phone my insurance and inform them, I just didn't claim 👍

Nicknacky · 18/09/2018 13:11

Op, you would be nuts not to go through your insurance.

What details of the other driver do you have? I don’t mean just phone number.

lexi873 · 18/09/2018 13:22

If somebody went into the back of me then seemed keen not to go through the insurance one of my first thoughts would be are they even insured? She could be trying to get herself out of more trouble OP if she’s uninsured. Ask her which company she’s with. I understand it can make things expensive for all parties however that’s what we all have insurance for at the end of the day and they can resolve matters and act as the middle men whereas sorting it by yourselves could get nasty if people aren’t going to admit fault etc.

Original poster
MummySharkDoodoododoo · 18/09/2018 13:39

But what about the fact that you have to declare it when it comes to renewals/quotes? Like I said last time it went through the roof (from like £400 before accident to £2700 after, despite it being a non fault claim and I didn't looose my no claims bonus)

OP posts:
Nicknacky · 18/09/2018 13:58

Mine went up but only marginally. That’s the risk you take then, by not going through insurance. Are you going to notify them? (which will be in the terms and conditions)

And what details do you have?

wouldHAVEshouldHAVEcouldHAVE · 18/09/2018 14:06

This happened to me also.
The woman tried to tell it was my fault ‘for stopping too quickly’
Erm, no love it was your own fault for being too close to me and not stopping your own car in time.

I would go through insurance. She could say all sorts otherwise and refuse to pay.

Mcfreddo · 18/09/2018 14:09

It's definitely her fault, unless she was pushed into you by the car at the back? When I went into the back of someone it was witnessed by a police officer (great timing) who said that either I hadn't left enough stopping distance or I hadn't been paying attention - either way it was rightly deemed to be my fault. Safe driving means leaving enough time to react to whatever happens in front of you. She hasn't got a leg to stand on.

specialsubject · 18/09/2018 14:31

go through insurance - especially as it sounds like they may not have any. not their choice to make and the fault is with the rear driver so it will be complex.

you also need to claim for replacement child seats .

placebobebo · 18/09/2018 14:37

Go through the insurance.
She is already blaming you so could well find a where there's blame there's a claim solicitor to take up the case and claim from you. This will get nowhere if you go via your insurers, as they will rule in your favour and go after her insurers. This makes it more difficult for her to win any subsequent action she takes against you.

DontMakeMeShushYou · 18/09/2018 14:43

It will always be the person behinds fault

Despite the number of people on this thread alone who have stated this, it is NOT true. It is usually deemed the fault of the person behind but not always.

You can choose not to go through the insurance if you want. However, consider carefully how you will ensure that the person at fault will pay for repairs, who will carry out those repairs, and what inconvenience it will cause you a) to get quotes for repairs, and b) whilst the car is repaired.

DontMakeMeShushYou · 18/09/2018 14:46

The woman tried to tell it was my fault ‘for stopping too quickly’

Haha! That is in fact exactly the reason my DSIS was found not to be at fault for rear-ending someone - because they purposely did an emergency stop for no reason other than to inconvenience her.

wouldHAVEshouldHAVEcouldHAVE · 18/09/2018 14:47

Oh ok, I didn’t though.
I just stopped as the traffic in front of me had stopped to be honest.

Stephisaur · 18/09/2018 14:52

@Notajourno does that mean I should have told my insurance when I hit a bollard at McDonalds?

I just took the car to be fixed, I thought you only told the insurance if it involved another car :S

Anyway OP, sounds quite dodgy so I would go through insurance for the damage to YOUR car at the very least.

Notajourno · 18/09/2018 15:29

@Stephisaur

Yes, Technically any damage to you car must be reported to you insurance company

ivykaty44 · 18/09/2018 15:30

I laughed at the middle driving trying to blame the front stationary driver for not indicating...

You only indicate if you’re turning, so what would they do if a child ran out in front of you and you completed an emergency stop?

Ffs people need to drive to the conditions

If you drive into the back of a car it’s your fault for not stopping

Put it through your insurance

Stephisaur · 18/09/2018 15:30

@Notajourno I genuinely didn't know that. Thank you for telling me!

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