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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

A lorry reversed into me

41 replies

thedcbrokemybank · 05/10/2017 16:39

I was just on my way home when a lorry stopped in front of me due to a tractor coming in the opposite direction. I stopped but he then proceeded to reverse directly into me. It was some kind of loader and had bits sticking out of the back which impaled my car and caused quite a bit of damage. He admitted liability and the tractor driver, who didn't witness the accident itself, also corroborated that he admitted responsibility. I have both their details.
I am home now and have informed my insurance company. However my MIL seems to think it will go down as a knock for knock and will be claimed against our insurance rather than the lorry company insurance.
Please tell me this won't be the case?

OP posts:

Reastie · 05/10/2017 17:26

I've had a car go into me in the past. It was 100% their fault. I was stationary at the time. He told his insurance company it was my fault (so infuriating) and it went down as 50/50. But I had no witnesses. The fact you had the tractor driver cooperating hopefully will be proof it wasn't your fault. Did you get his details?

Original poster

thedcbrokemybank · 05/10/2017 17:29

I had been following him for at least half a mile at a safew distance so he should have been aware of me. He slammed his brakes on in front of me and I was still able to stop safely with a decent gap.

OP posts:

Jasminedes · 05/10/2017 17:30

I expect his company/insurers will not have wanted him to accept liability. What will be will be, just tell the truth and let the process happen.

Autumnchill · 05/10/2017 17:31

I’ve just dealt with a bin lorry doing the same to one of our vans. The bin lorry has accepted liability and paid for damages. Your MIL is wrong.

BitOutOfPractice · 05/10/2017 17:33

I had this exact same thing happen to me OP.

The driver at the time admitted liability but, once he'd spoken to his boss on the phone he then denied it.

Yes Dreams beds I'm looking at you, you lying bastards

The insurance company wanted to accept knock for knock and write my car off. I was so incensed that I managed to find a witness (bus driver drove past and saw what happened but didn't stop, bus company kindly found the driver for me) and took the car to a specialist garage that confirmed the damage was caused by a slow backwards crush, not a front on impact iyswim (I would have had to have been driving very fast to hit him hard enough to cause that much damage)

Sorry, long story to say, you may have to fight if driver decides to retract his admission

Good luck!

tiggytape · 05/10/2017 17:40

This reply has been deleted

Message withdrawn at poster's request.

Petal12 · 05/10/2017 17:46

I work in the insurance/legal sector and how this ends will depend on what the tractor driver now says and what you can do to refute any negative version. Obtain a witness statement from the witness now confirming the conversation he heard and also ask the tractor owners/company if they have CCTV cameras fitted to the vehicle and if so if any footage is available. If presented in Court without any independent evidence to support either party, it will be decided on who
Presents the best and the balance of probabilities. Good luck

DuckbilledSplatterPuff · 05/10/2017 17:59

An uninsured car reversed into us. My neighbour alerted us and was prepared to be a witness until the insurance company wanted to take it to court and he backed out. The insurance company paid up but it was counted as one of our claims. I was just glad to have it all finalised.

VickyRsuperstar · 05/10/2017 18:02

Problem is that even with them being 100% to blame. You may still get a hike with your insurance company. I had a car pull out of a side road immediately in front of me giving me no time to stop before I hit it. I had witnesses who agreed it was totally the fault of the other driver. When I had to claim on the other driver's insurance, my company later also penalized me and when I asked why, they gave me some fudged answer and told me it was "no claim" not "no blame" how insurance worked and quoted some rubbish about my risk factors even though without total idiot drivers on the road I had never had any accidents. I was furious as I had always believed that if it was the other driver's fault that I wouldn't get any financial penalties in the long run.

BillThePony · 06/10/2017 09:32

Similar happened to me. I now have dash cams front and rear and always use them.

Narnia72 · 06/10/2017 10:28

Unfortunately, with any claim, your fault or not, your premiums go up. We had a situation where a car reversed into our parked car (we weren't in it at the time) and left their details, admitting liability, Their insurance company paid up. However, when it came to renewal time our premiums went sky high. I queried it with the insurer, and they said "statistically you are more likely to have a second claim, so your insurance has gone up". the only option is to check around for cheaper insurers, but make sure they give the same cover so you are looking at "like for like" quotes. Good Luck!

Mari50 · 06/10/2017 10:31

Someone reversed into my dad once and it was deemed my dad's fault as he apparently hadn't left enough space between himself and the car in front.

Nothingrhymeswithfamily · 06/10/2017 10:40

I had a similar sort of thing happen to a friend of mine, the lorry rolled back into her. She beeped but he didn't hear her (she couldn't go back) . He admitted liability at the scene and apologised. As soon as it got to his insurance companies talking to hers they refused to admit it was them and it ended up going down as her fault as she had no witnesses.

Get the tractor driver onboard ASAP!!!

Timeywimey8 · 06/10/2017 11:13

Actually the person reversing always takes responsibility

Not the case at all. Because they often lie and then the insurance companies can't be bothered to argue and it goes 50-50. There was another thread about a prang in a car park and I mentioned on there about my mum's friend who was in a laybe eating a sandwich when someone drove into her, but then said my mum's friend had pulled out in front of her. And my husband pulled out a side road, stalled and put his hazard warning lights on but someone still went into the back of him and pulled the same stunt saying he'd pulled out in front of him.

Years ago I was driving into my work car park and a lorry stopped in front of me. He then started reversing back and I had to lean on the horn before he stopped, just in time. He then had a go at me for being in the way and seemed to think that the alarm on his lorry made it ok for him to reverse back regardless of whether someone was there or not! I was pregnant at the time, so he chose the wrong person to have a go at.

Anyway, I agree with people who've said make sure you have your witness because otherwise the lorry driver will make something up and it will be 50 50 at best. Really you need to call out the police in these instances because people always try it on but of course it's a total waste of their time.

Timeywimey8 · 06/10/2017 11:16

But, why didn't you reverse when you saw his reverse lights on plus the beep noise

You can't just go back! There might be someone behind you! That's not realistic at all. Before you reverse, you make sure it's safe to do so. If the driver can't see he should get out and look.

TheEmmaDilemma · 06/10/2017 12:54

Dashcams. Everyone get one.

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