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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

If it is ever the front car's fault.

82 replies

DownToTheSeaAgain · 27/09/2021 18:21

Someone drove into the back of me today as I was stopping at a crossroads.

Swapped numbers etc etc submitted insurance claim and all that is progressing. It's not a lot of damage but some.

Anyway I was wondering if there were ever a case when it could be construed as my fault for stopping rather than the other person for not stopping. The light was on amber, switching to red. If I'd driven across then I'd have been driving on red.

OP posts:
VelvetSpoon · 28/09/2021 16:17

Usually not.

There can be exceptions - a deliberate slam on (often as part of cash for crash type frauds), front vehicle rolls back, or changes lane so cuts in front of the driver following, faulty brake lights on an unlit road late at night, or even a Gussman v Gratton Storey type scenario. But these don't happen that often.

PineappleWilson · 28/09/2021 16:18

Yes, they can be, for example if you accidentally put the car into reverse rather than 1st gear (I know someone who did this when she moved from her manual car into her husband's automatic and put it "in gear" in auto pilot) but generally the rear car is classed as being at fault unless there is concrete evidence to the contrary e.g. dash cam footage, CCTV etc.

Footprintsonthemoon1 · 28/09/2021 16:32

I was in this situation years ago when I was quite young

Driving along country roads I didnt know, quite fast 45/50 looking for a certain address with a car behind me. Still going at speed around a corner I slammed the breaks on as I found the turn I needed to take, it was all so fast and the car behind went into the back of me. My boyfriend at the time said it was my fault and 100% believed it was but the other drivers Dh blamed her and I felt awful. I guess technically she was in the wrong but morally I know I was

Chloemol · 28/09/2021 16:36

It’s possible if they can prove it’s a crash for cash scam. However in your instance no, the driver should have been taking more notice

Snowpaw · 28/09/2021 16:41

I was once driving behind someone who decided to stop completely unnecessarily and suddenly at an empty zebra crossing; there was a chap walking up the pavement on the far side who she thought “might want to go across the road” - he wasn’t at the crossing at the time and there was even an island separating the two halves of the road (I.e it is classed as two separate crossings): he wasn’t on any part of the crossing, let alone at the middle island. I went into the back of her and it was of course considered my fault, but it felt unfair to me at the time!

thinkfast · 28/09/2021 16:42

I was once on a bus which was over taken by a speeding car which then slammed on its brakes right in front of the bus. Bus crashed into the back of the car. Loads of people in the bus fell over / were shaken /hurt. I was sitting on the front seat of the top deck so had a very clear view of the incident.

The people in the car jumped straight out with their phones to take photos and exchange details.

I'm confident it was an extremely dangerous scam. I can't see how the bus driver could've avoided the collision. Can't see how bus driver could be to blame for it.

GreenTeaBlackCoffeeAndRedWine · 28/09/2021 16:55

They could be, it happened to my sister where the driver in front reversed into her and he tried to claim it was her fault. Even though he reversed into her.

But yes, usually it's the driver behind - after all, they should be paying attention.

DixonD · 28/09/2021 16:57

@nokidshere

Yes, this. I had an old friend who was a terrible driver, would start to pull out then stop or suddenly slow down to a stop to turn a corner, no indicators. She was rear ended 4 times and it was always the driver behind at fault even though her actions caused it contributed to it massively.

Doesn't matter if she suddenly stopped, or slowed down to look at flowers, or whatever. The car behind should have room to stop.

Yep. Sorry, your friend, although driving poorly, it is still the fault of the driver behind for not a) staying back far enough (can’t abide tailgaters), and b) not paying attention.
LaundryForever · 28/09/2021 16:59

Nope, car went into the back of me and apparently it was 50/50 according to my insurance company🙄

DixonD · 28/09/2021 17:00

A car once crossed lanes on a roundabout so that a family member of mine went straight into the back of him. There was a witness so his insurance had to pay out as it was clearly deliberate. He had tried repeatedly up to that point to get my family member to collide with him.

raspberrymuffin · 28/09/2021 17:03

I very slowly rear ended someone who had started then changed her mind going onto a roundabout. Totally my fault as I should have been looking at her rather than checking traffic coming on to the roundabout to see if there was a gap for me. Though admittedly it was a bit frustrating when she said it happened to her all the time - maybe it was your friend @Faevern!

DotBall · 28/09/2021 17:07

The only time I can think of, is if a car smashes into the car in front, which bumps into the car in front of that... while stationary, in a traffic jam

This happened to me (I was stationary in the middle and got shunted into the car in front) - we both claimed off the guy at the back, no issues.

PleaseReferToMeAsBritneySpears · 28/09/2021 17:13

A few years ago my dad was driving and came to a stop as the bridge ahead was single lane only. The van in front of him reversed into him. Dad beeped and tried to reverse himself, but didn't get back in time. They exchanged details but there was minimal damage.

Anyway, the arsehole van driver claimed my dad rear ended him. Claimed his van was totally fucked up and they had whiplash. Dad's bloody insurance company settled. Angry

Tangletester · 28/09/2021 17:17

The car behind is definitely to blame in your case. Even a small bump can shake you up, hope you are ok.

When I reversed back at a junction into a car I was definitely to blame Confused! The guy behind was really worried I would tell the insurance that he had driven into me as it would have been very hard to disprove. He was so kind though that he made me cry.

JesusMaryAndJosephAndTheWeeDon · 28/09/2021 17:17

Only in very very limited circumstances.

Generally "induced accidents" which are a form of fraud. Often the front car will have its brake lights disabled and the car will slam on at a clear junction.

Other circumstances that aren't fraud related might involve a mechanical fault that causes the car in front to stop suddenly without showing brake lights. That happened to my ex and the police confirmed in writing that he was entirely blameless, he made a full recovery from the insurer of the front vehicle.

30kgtogo · 28/09/2021 17:22

Someone did a “cash for crash” in front of me couple of years ago - she did an emergency stop on a freely moving 40mph dual carriageway…. I also did emergency stop, but our number plates just made contact. No damage to hers, slightly cracked my number plate. Small children in car with me, so v scary. Clearly I had not left quite enough stopping distance.
We got out, had a look agreed no damage on hers, all unhurt, v relieved. She became quite agitated when saw children were with me… we did exchange details and I stupidly didn’t take photos.
10 mins later receive a text saying her boot and bumper have significant damage, and she has whiplash.
My insurance company didn’t even contest it on the basis of me going into her - so my fault. I know that technically it is, but still makes me angry. Lost over 20 years no claims bonus and doubled my premium. I had no choice but to report it as insurance void otherwise.
A friend’s driving instructor husband in a big city says it is rife.
Grrr - as you were.

LakieLady · 28/09/2021 17:23

@Sickening

The only time I can think of, is if a car smashes into the car in front, which bumps into the car in front of that... while stationary, in a traffic jam.

Happened to me! Mind you, even with that, they might argue stopping distance wasn't long enough, even though nobody was driving at the time (well, other than the back driver who started it all!).

A friend I know was driving along when the car in front stopped suddenly (to let a duck and ducklings cross the road!). Friend stopped fine, but the car behind ran into him and shunted him forwards into the car in front.

The damage to the car he hit was paid for by his insurance, even though the driver behind caused it.

30kgtogo · 28/09/2021 17:24

@JesusMaryAndJosephAndTheWeeDon, just seen your post - I didn’t know that scammers disable the brake lights! I wonder if that was the case with my crash? Kept wondering why I didn’t react in time….

Purplewithred · 28/09/2021 17:29

I've only had a couple of prangs, variously my/the other person's fault, and have always found the insurance companies amazingly kind and helpful even when I drove into the stationary car in front on a roundabout because I was pointing a lovely magnolia out to my mum

Myusernameisnotmyusernameno · 28/09/2021 17:42

Yeah I once crashed into an accident that had already happened and people had stopped and were exchanging details. It was round a bend on a 40mph road, I was doing about 35-no warning triangle. It ended up being my 'fault' and I had to pay for the man who crashed into the others. He also was about to have a go at me until he saw my 7 months pregnant bump Hmm.

WhoNeedsaManOfTheWorld · 28/09/2021 18:02

I was on the motorway coming up to roadworks and in the outside lane. A van came from the slip road, crossed all the lanes then slammed on in front of me and I went into the back of him. A copper was standing in the central reservation and had a right go at him when he jumped out shouting and blaming me
If the cop hadn't been there I would have been considered to be at fault

KingsleyShacklebolt · 28/09/2021 18:07

@DownToTheSeaAgain

Someone drove into the back of me today as I was stopping at a crossroads.

Swapped numbers etc etc submitted insurance claim and all that is progressing. It's not a lot of damage but some.

Anyway I was wondering if there were ever a case when it could be construed as my fault for stopping rather than the other person for not stopping. The light was on amber, switching to red. If I'd driven across then I'd have been driving on red.

Not unless it's one of those "crash for cash" scenarios where someone is happily making progress along a clear road and slams on the anchors for no reason.
mogsrus · 28/09/2021 18:10

Undue care & attention is used when someone bumps you from behind,just been through this myself,at a roundabout

Antsinmypantsneedtodance · 28/09/2021 18:16

Never. You always leave enough distance for the speed you're doing to be able to stop. They didnt. Their fault.

Technically they weren't driving with due care and attention.

DeepfriedPizza · 28/09/2021 18:20

Dh hit a car in front in traffic lights. His fault and accepted such at time of accident and would have been fine if other party hadn’t lied about it. They lied about their injuries, claimed an ambulance was called, lied about who was driving etc. After investigation it turned out it wasn’t the first time they’d tried it on and they ended up In court. Dh had a no fault claim on his policy.