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Car accident - they’ve claimed against me?!

117 replies

AEP123 · 30/09/2024 09:50

Long story short. I had to stop for oncoming traffic and a van behind me hit me. (Personally think he has distracted because I was stationary for a good few seconds before he hit me, he had time to stop it wasn’t an emergency break situation)

we’re going through insurance at the moment but now we’ve had a notification from their insurance saying they’ve made a claim against us?

is that normal, or are they trying to blame me?

OP posts:
Lifeasweknowitisrandom · 30/09/2024 10:39

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It's the opposite

HelpMeGetThrough · 30/09/2024 10:41

DustyLee123 · 30/09/2024 09:54

Apologies, I’m watching TV while I’m scrolling so not paying attention!

Let's just hope you don't work in insurance.

Comefromaway · 30/09/2024 10:43

I was a witness for an emergency stop scam type thing. Fortunately for me I just about managed to stop when the car two cars in front suddenly slammed their brakes on on a clear 70mph dual carriageway. The car in front of me managed to stop and there was an argument between the two of them then the car who started it all pulled off. The car behind me also managed to stop but the one behind him did not.

The insurance said that even though it was the fault of the first car who sped off the car that did go into the back of the car behind me was at fault for going into the back of the car behind me.

Ariela · 30/09/2024 10:44

Normally if you get hit from behind it's the car behind's fault for not stopping in time (because after all YOU stopped in time, so therefore he should)
Did you have an witnesses or dash cam footage?
Just make sure you are clear in your statement to your insurance and say you were stationary and that, as you say, you ' think he was distracted because I was stationary for a good few seconds before he hit me, he had time to stop it wasn’t an emergency break situation.'

Button28384738 · 30/09/2024 10:44

No if someone hits you from behind insurance wise it's their fault.

People will try it on though, just forward the claim on to your insurance and let them deal with it.

BankHolidayReset · 30/09/2024 10:45

When this happened to me it depended what I was doing. If I had pulled out onto that road within a certain distance from the accident they claimed it was my fault. I had so I had to suck it up. The man behind drove off though. Probably thinking it was going to be his fault but it came off my insurance

Viewfrommyhouse · 30/09/2024 10:45

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Please hand your license in Confused

Beekeepingmum · 30/09/2024 10:49

I don't think I would be too concerned that the other party has tried to claim from you. I think the insurance companies then argue it out. For someone to drive into the back of you proving it was your fault is pretty hard - they simply can't have left enough braking distance between the vehicles otherwise they wouldn't have hit you.

MammaGisAF · 30/09/2024 10:49

Comefromaway · 30/09/2024 10:43

I was a witness for an emergency stop scam type thing. Fortunately for me I just about managed to stop when the car two cars in front suddenly slammed their brakes on on a clear 70mph dual carriageway. The car in front of me managed to stop and there was an argument between the two of them then the car who started it all pulled off. The car behind me also managed to stop but the one behind him did not.

The insurance said that even though it was the fault of the first car who sped off the car that did go into the back of the car behind me was at fault for going into the back of the car behind me.

Yes there is a brake check scam (google will bring it up). They might be trying to claim you did this?

Kurokurosuke · 30/09/2024 10:56

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I think this might be the van driver…

catmothertes1 · 30/09/2024 10:58

CocoPlum · 30/09/2024 09:52

I thought if you were hit from behind it is always the fault of the party who hits you?

So did I.

Edingril · 30/09/2024 11:04

I presume the insurance companies will sort it between them?

loudbatperson · 30/09/2024 11:05

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Ummmm...... no. There's very few circumstances when hit from behind that you will be found liable and your insurance has to pay out.

rainbowstardrops · 30/09/2024 11:08

*DustyLee123
Yes, if you get hit from behind it’s your insurance to pay out.

Please hand your license in*

Bloody hell! Dusty made a mistake on a chat forum, she didn't bloody crash into a car! Of course she doesn't need to hand her license in 😂

Frosty1000 · 30/09/2024 11:22

OP make sure you claim for a replacement car seat just in case.

Hope you're all sorted soon.

Spookyseason1 · 30/09/2024 11:25

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Well that’s not right lol. If you’re sat at a red light and a car comes flying along behind you that doesn’t stop in time and rear ends you, why would your insurance pay out rather than theirs?

rainfallpurevividcat · 30/09/2024 11:31

I would let insurance deal with it, but would also drop them a line to assure them that I was not at fault.

WinterAconite · 30/09/2024 11:32

CocoPlum · 30/09/2024 09:52

I thought if you were hit from behind it is always the fault of the party who hits you?

I agree

Edingril · 30/09/2024 11:33

rainfallpurevividcat · 30/09/2024 11:31

I would let insurance deal with it, but would also drop them a line to assure them that I was not at fault.

Why won't they realise themselves ?

TheGreenKnight · 30/09/2024 11:34

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Absolute nonsense! If a driver runs into the back of someone they are normally considered to blame. Consider the situation of whizzing along a motorway and suddenly approaching stationary traffic. If you fail to stop and hit a vehicle in front how can it be their fault?

rainfallpurevividcat · 30/09/2024 11:36

Edingril · 30/09/2024 11:33

Why won't they realise themselves ?

I wouldn't necessarily trust them to just get it right, or that they had been given the correct story by the other insurers. My expectations of large companies are pretty low.

schloss · 30/09/2024 11:37

Reiterate the posts already given, it is the insurance of the van which hit you which is liable. Just a word of warning, at some point there will probably be an offer to go 50/50 - just make sure you say no and keep repeating it.

Lovelysummerdays · 30/09/2024 11:41

CocoPlum · 30/09/2024 09:52

I thought if you were hit from behind it is always the fault of the party who hits you?

Yes I thought this too. I hit someone from behind she stopped on a hill in snow to take a phone call. I tried to stop but just slid into her. Luckily it was really slow so little damage to her car. I let my insurance know who said my fault as she was stopped. I’d clarify what happened with insurance firm. Did you take photos etc?

MabelMaybe · 30/09/2024 11:42

I wonder whether he's told his boss. Is the bloke claiming or his insurance company?

WinterBerry7 · 30/09/2024 11:46

I was waiting to turn right, lights on, indicator on. Car behind me was either going too fast for the conditions/wasn’t paying attention and slammed into the back of me.
His insurance tried to claim I didn’t have lights/indicator on, that was disproven. Then they tried to say it was both our faults and I needed to accept 50/50 liability or they would take me to court. I said no way. Then they fully accepted it was their drivers fault. It’s always the fault of the person who goes into the back of you.

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