really scared - what's the worst that could happen

[imscaried]

I was in a car accident today. Was waiting at a busy roundabout in the left lane and wanted to go in in the right lane. Some cars were approaching from the right so I stopped and was stationary. A bus came from behind and crashed into me. My car went flying into the middle of the roundabout.

When I got out one of the passengers got off the bus and told me I had been in the wrong lane.

I called the imsurance and had to tell them about a speeding fine in May that I had not told them about.

Am worried now about what could happen, could I go to jail?

dont doubt yourself lovey.
you are the victim here! you were hit by a bloody gert stinking bus!!

Don't panic. As was frequently pointed out by my driving instructor, if you hit the back of another car, you are at fault. It's well nigh on impossible to make another car crash into the back of you. The bus driver wasn't paying attention and didn't leave enough room.

oh thanks lady of the poinsettias and yeahbut. I agree, the bus driver was clearly not paying attention and I took a massive hit to my car so can't understand how they could dispute things, given the actual evidence.

Have even started potty training ds in an attempt to distract myself.

legally...ASFAIK.....someone driving into the back of your car...makes them liable, not you...they should leave adequate stopping distance....please try not to worry....x

The bus driver will be lying through his teeth to the bus company because he wants to keep his job, so naturally they are going to be disputing your version of events. But they can't deny that he hit you from behind, and unless they can also produce a High Court Judge, a member of minor royalty and the Archbishop of Canterbury to swear that they saw you reversing into him at speed that means that they are at fault. Draw the diagram, make it clear in your account to the insurance company that you had stopped and were stationary, and it'll be decided in your favour. Were you indicating right at the time? If so mention that too.

thanks lulumama and lemonaid I do appreciate your reassurance and I am not stressing so much now. lol lemonaid at all the luminaries you mention.

ok update, hope someone with legal/insurance knowledge can help. The bus driver's insurers are denying liability. They say I stopped in a lane for through traffic that was not for joining the roundabout and that I stopped the driver from maintaining a braking distance. My insurance company want a written response from me.

I have taken down some quotes from The Highway Code about maintaining braking distance, but if we both deny liability will it then go to court?

.

I would say that it's the bus drivers' responsibility to maintain braking distance regardless of whether you were in the right lane or not. Sounds like a pretty weak defence to me, although RTA are not my area. The VAST majority of cases settle without going to court so try not to stress too much about this for the time-being. Easier said than done, I know!

thanks so much mumpbump, this is my first such incident and am not sure how things work.

On the basis of the limited information you have provided here, if you have to provide a written response, I would explain why you were in the wrong lane - don't worry about it too much as it's hardly rare for people to end up in the wrong lane at junctions. How you can influence the bus drivers' choice of distance, is beyond me! Thinking about it, I think this point is laughable... I would simply say that the braking distance which the bus driver chose to maintain was his responsibility and not something within your control. Or something along those lines...

Hmmm, so if someone was crossing the road the bus driver would still be in the right because it is a lane for through traffic? Well on that basis would have to say you were in the wrong like the other idiots! However, like you say the bus ran into you, what about braking, thinking and stopping distance that any driver is suppossed to maintain? Wish you luck imscaried but surely your insurers can't let them get away with the lane for through traffic can they?

mumpbump I've already provided a written account and said that I was waiting for cars coming from the right to pass but your comment is very useful and I will put that in. fattime, I'm also bemused by their argument but I guess they will say anything to deny liability.

hi I'mscared - I just thought you might like to know about my experience with a bus driving into theback oif me. It happened quite a long timne ago, but I like you was stationary, and so they were deemed to be at fault.

Amazingly though, I had a letter some six months later from some solicitor I had never heard of saying that thie client was "pursuing me for damages incurred" when they fell off their seat as the bus drove into me. Needless to say I sh*t myself and called my solicitor. Their advice was that the person involved had probably tried to get damages form the bus company who had denied wrongdoing, and as such had thought they might have a punt at me. He advised me to rip the letter up and put it in the bin - which I did. I never heard any more about it.

I just wanted to flag this up because if this happens to you - ignore it. YOU ARE GENERALLY DEEMED TO BE THE INNOCENT PARTY WHILE STATIONARY - I mean you can't cause an accident while not moving can you.

AM sure it will all be allright

thanks alot hecciesmum, that is reassuring to know.

I did phone the police but they said that if no-one was hurt we should exhange details and drive away.

Okay, imscaried, nearly the same thing happened to my missus. She was driving along a road and hit a parked van (I know, doh!) and she had our DS in the back. She stopped and van driver indicated that there was no damage done, she drove off, parked, checked car (in a cursory way) and then went home. I checked the car later and noticed HUGE gash in the side that eventually cost £1k to sort out (new door, wing etc).

Two weeks later she gets charged with leaving the scene of an accident and not exchanging insurance details. Anyway, my missus had 9points on her license (collected in ONE DAY btw) which we had yet to declare. I already had the car in the bodyshop prior to police notice. We were worried that she would get sent to Holloway for a bit of butch soap time but thankfully, things did work out.

Anyway, I was completely honest with my insurance company and they said that the points were slightly irrelevant as they effect next years premium, not this. Also, once hearing the claim it all seemed to make sense and was only for £1k so not that big a deal.

In your case, it is irrelevant whether you were in the left or right hand lane. The bus hit you because of driver error and so the bus company's insurance company will pay. It is also irrelevant about the points on your license as you didn't cause the accident by speeding or, indeed, was your fault.

Sorry about the long post! HTH.
M

Thanks for that MrShev, glad to hear everything was sorted out. Really hope that things here get sorted out too.