Was rear ended - other driver blamed me and he has a witness

[Charcharm]

was Stationary for around five seconds at a t junction with a give way box, traffic ahead of me meant I couldn’t advance so I was letting one or two cars through. All of a sudden there is a crash from the impact of the car behind me driving into me.

we move over to a side road and exchange details. I’m shaking from the shock at this point. The guy had a friend in the car so has a witness to back up his story, which is that I slammed the breaks out of nowhere which caused this to happen.

This is completely untrue but that’s his story. I don’t have a witness as I didn’t have the presence of mind to get the details of the people around who saw the incident. I’ve made a police report, my husband spoke to the other driver who repeated his story. Will call insurance next.

what’s my situation? There is around £400-£1000 damage to my car and I have a light concussion (despite the low velocity). I feel sick and shouldn’t be on my phone but I’m feeling so stressed, and wanted to see if anyone else has been in a similar situation?

Thanks in advance

Happened to me many years ago, shortly after passing my driving test. In my case it was the driver (3rd driver) behind the car (2nd driver) behind me who didn't stop, pushing the car behind me into mine. I didn't break - I stalled my car. There was absolutely no question about who was to blame although my insurance had to get the repair money from the 3rd driver via the 2nd driver.

Don't worry, in no way was this your fault.

I’m not judging your driving. Im judging your comprehension. The information the OP gave was really quite clear; she used the wrong term but everything else meant you could work it out from context, and every other poster managed it.
If someone says a “give way box” then your naturally say, “oh, you mean a keep clear box, gotcha.” It isn’t difficult.
But well done on being an advanced driver… 🫤

Even if you did slam the brakes on, he should have had sufficient room to brake so he's at fault. Intimidating you will impress the Insurance Company even less.

Thanks for the lesson on obvious context, but my reading comprehension isn’t the problem. I read the post fine, I just didn’t know "give way box" is sometimes used informally for Keep Clear markings. Never heard it called that before, it doesn’t mean I can’t comprehend, just that I’m unfamiliar with made-up names for road markings.

Even if Jesus was their witness, it’s 100% their fault. He’s just trying to bully you. As others have said, pass all details to your insurance, they love dealing with twats like this!

It doesn’t matter if you did or didn’t slam on the breaks. The car behind you should leave enough stopping distance. Watch the big jobber on instagram / YouTube - he often explains this situation (he’s an ex insurance approver)

https://www.instagram.com/reel/DTDUDdtDeaI/?igsh=aTk1YzZ5aGxjZ2Y0

Edit - so you were on the straight part of a T and left the hatched box open fir the adjoining road and he just drove in to you.
A low speed accident that is hus fault. Even if you thought traffic was moving and started to drive forward before braking because you realised traffic wasn't ready for you to go, he's still at fault for assuming you would be moving forward when you weren't.

It's the same as if you were pulling out of a T on to the main cross road, realised it wasn't safe to complete the manoeuvre and braked. So many rear enders from that when the car behind is watching the traffic and assuming you're definitely going.

I had identical scenario, driver behind assumed I was turning right, but I’d seen a cyclist approaching . He was my witness. I let my insurers deal with it.

I was told by an insurance company that someone in the other vehicle can't be a witness. They need to be independent, of course someone they know would back up their side of the story.

This.

What has your insurance said?

I haven't read the whole thread but just wanted to say that I used to be a motor claims handler and if you were hit in the rear it is 100% the fault of the driver behind. You should always leave enough room to stop in the event of the vehicle in front stopping suddenly (especially at a junction). They will give no credence to the witness as he is known to the driver and the damage speaks for itself.
Just submit a report to your insurers and let them deal with it.
The only time there would be a dispute is if the driver behind claims that you reversed into him but this is not what he is saying, plus the damage from this would look different.
It never fails to amaze me that a driver would blame the driver of the vehicle in front when they run into the back of them

Just ignore him. Even if you had done an emergency stop it’s still his fault for not stopping.

If he rear-ended you it is his fault. Report to your insurers along with pictures of the damaged rear of your car.

It’s always the person who rear ends’ you fault.

It’s nearly always the person behind’s fault as they should leave enough space between you and them to allow for sudden breaking 🤷🏻‍♀️ He’s being an arsehole.

I was involved in an accident a few years ago (not my fault), my friend was in the car with me but the insurance company wouldn’t accept her statement as she wasn’t an independent witness. So they probably won’t accept his passenger as a witness

This happened to my friend. Her insurance advised her to take the blame. She refused to do so as she was stationary and the other person drove into the back of her with a helpful 'witness' passenger. The insurance company advised her that the other party wanted to go to court. She said bring it on, I did nothing wrong, and never heard another peep out of them.

Someone recently rear-ended me. My first accident ever!

The person who rear ended me, arranged my car to go into a garage and he covered the costs. The last thing he wanted was driving without care on his driving record and a massive insurance hike.

Remember, there are many crash for cash insurance fraud scams going around.

A quick Google search result :
In the UK, the driver who rear-ends another vehicle, even at very low speeds, is typically found at fault by insurance companies for failing to maintain a safe distance, as required by the Highway Code and Road Traffic Act 1988.

Legal analyses indicate near-certain liability (98-99% settlement rate without trial) in clear rear-end cases like this, where fault rarely reaches court.

Sad to say, these insurance companies do chance their arm with this game-playing nonsense. Glad she called their bluff.

I've been in this situation. It's his fault no matter how you stopped. Insurance will sort it.

the witness is not independent, this will not go to court. Insurance will sort out and his will pay. Only thing to watch out for is if they change story to you reversed.

As others have said, he doesn't have a claim. He hit you in the rear so was not paying attention. Open shut black and white. What would he say if he hit a pedestrian?

I once was rear ended after emergency stopping on a high street type road because a car pulled out of a parking space in front of me. I stopped in time but got hit by the van driver behind me.

He and his passengers got out and blamed the other driver from pulling out. He also went across the road to a pub where he had a bunch of mates there and he got all of them as 'witnesses', lol.

I rang my insurers and explained that there were 3 drivers involved and they simply said 'NO' only 2. I stopped in time, why didn't he. You are sweet.