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

A shame you got a shitty one. As everyone says, the guy behind is in the wrong. I had a guy run into me just before Xmas, when I braked for a zebra crossing. Luckily, he couldn't have been more decent about it, and the matter was promptly settled amicably.

Even if you had slammed your breaks, they would be 100% at fault (either they should have been more attentive, or they didn't leave enough distance, either way it was their fault not to stop).

So keep to your side of the story, and let them do their thing.

I had something similar a few years ago…

I was about to enter a roundabout but there was a large articulated lorry also entering just slightly ahead of me in the next lane over. I stopped as I was worried that as it went around the roundabout, it would come over into my lane.

The person behind me drove into the back of me and blamed me for stopping! He too had a ‘witness’ who said I stopped for no reason…

We both sent off our versions to our respective insurance companies. My insurance company initially wanted me to take the fault because of the witness, but I refused and it went as far as me getting a court date. I was NOT going to give in and say it was my fault when it wasn’t!

In the end the insurance companies agreed to do it as a no fault accident or something like that, about a month before we were due in court as the cost of taking it to court wasn’t worth it for either side.

It still annoys me now when I drive around the roundabout!

It’s really unsettling being in an accident. I hope you’re ok. Let the insurance companies deal with it. That’s what they’re there for. I won’t say don’t worry as you’re bound to be worried, but I’m sure it will be ok.

Have you got dashcam ? You will hear the jolt .
If not, please invest in one

This. The whole reason emergency stops are caught is do you do them in an emergency, he did not do this, he ran into the back of you, he’s trying to intimidate you into thinking it’s your fault so you admit liability. Do not admit liability. Let insurance deal with it. Tell your insurance company your side and then say he was trying to intimidate you into admitting it was your fault. Do not respond to anything this man sends you, just give him insurance details only. Do not answer the phone to him.

As pp has said, he is in the wrong, he’s trying to intimidate you by saying he has a witness.
Pass all the details on to your insurance and let them deal with it.

His mate in the back is not an independent witness so his statement is of no evidential weight. He is only going to make a fool of himself corroborating such a ridiculous story.

Agree. Your health is more important and you will need evidence of any medical treatment if there are any problem arising from the crash. Try not to worry about the insurance, it’s what you pay them to sort out.

I worked in motor claims for 14 years, it doesn’t matter what his mates say, a rear shunt is mainly the car behinds fault. Your insurance will not accept blame for this.

Oh yeah fine but it was an unfortunate and expensive reminder for me re braking distance. Sounds like the bloke that hit you needs to learn the same lesson.

He hasn't got a leg to stand on. He hadn't left enough distance. Them's the rules.

I went into the back of someone who in fact had slammed their brakes on in 5mph traffic jam traffic. She said it was her fault and had been spooked by something but the insurers absolutely saw it as my fault.

So don't worry.

Think you'll be OK. As I understand, it's up to guy behind to not drive so close he can't stop if you have to slam on suddenly.

His friend is not a valid witness

Ignore. You are allowed to brake when needed.

Someone went into the back of me recently. He was apologetic at first then repeatedly asked if I was planning to claim. He actually did more damage than previously thought - it’s all gone through insurance. Let yours and his insurance deal with it and don’t have any contact with him. In fact DL told us specifically not to engage with the driver or his insurance if they contacted us directly but said to pass straight over to our insurance.

You will be fine OP, he drove up the back of you, and of course his friend is going to back him up but it won’t make any difference, he should have left enough space. Hope you are ok? It’s horrible being in an accident and then having to deal with the idiot that hit you.

Please go and watch Big Jobber’s videos on Instagram.
The person who hits you from behind is liable. They’re required to leave enough distance to safely stop without hitting you. As the friend was in the car, they’re not considered an independent witness because they are biased. Push your insurance company to ensure that 100% liability is apportioned to the other driver.

He went into the back of you, therefore he is at fault. His passenger will not be classed as an independent witness. He's just being a twit. Let your insurance company sort it out.

The insurer will push for them to be at fault, rear end accidents almost are. You must leave a safe distance between your vehicle and the vehicle in front. He is at fault.

This. He’s responsible for keeping a safe enough distance that anyone who slams on their brakes won’t get rear-ended by him. Tell him this, and wish him good luck, because he’s going to need it.

I deal with insurance claims. Take no notice of what he says. His passenger is not a witness so he can say what he likes.

report to your insurer and let them crack on with it.

Sounds like a crash for cash scam. Any chance they wete both 20 something blokes?

Actually, that's not true. Whilst in most cases it is, it isn't always.

If someone stops suddenly for no reason, or pulls out in front of someone, then stops suddenly etc. then they can be found at fault. The OP may be on dicey ground here as she was stationery and letting others out of a Give Way, which she shouldn't have been doing.

My dad slammed his brakes on once because an elderly man stepped into the road. The car behind hit the back of us, still the other guys fault for not leaving enough space/reacting fast enough

Agreed. When I was a new driver, a car in front slammed on the brakes to save a rabbit on the road. The next driver just missed him. Unfortunately for me, I didn't miss the next car.

The front driver actually scooted off as fast as he could. Ironically, the car that I hit was being driven by the area rep for my insurance company. He actually stated that the bloke in front of him was morally to blame, but that made no difference - it was my responsibility to stop in time. (I agree that it was my fault.)