Need advice following a road traffic accident please.

[Cali]

Nearly 2 weeks ago, we were on the M6.
Several cars in front of us braked very heavily,causing DH to do the same. The driver behind us, failed to stop and crashed into us. A car behind him then crashed into him, causing him to go into our car again.
He went into us with such force that his Fiesta has written off our Freelander and due to the damage, our DD's (4months and 2 years) were trapped in our car until DH climbed through broken rear window to get them out.
Yesterday I opened a letter from his firms insurance company, informing us that they are claiming damages from us!!!!!
Eldest DD is traumatised and is hardly sleeping, I've got whiplash injuries and Kwik Fit are claiming damages from us because one of their employees crashed into our car
Do they have any claim on our insurance - own insurance company have said they'll deal with it but no other details given-
Sorry for ramblings but just couldn't believe what I read,

WHAT A LOAD OF SHIT

driver behind you is at fault as he wasn't paying attention to brake in time, or was driving too close

there is no way he will be able to calim against you - he will hav a claim against the car that crashed into him though, but will have to pay you out.

Keep a diary of your injuries and DD's emotional disturbance, it will come in useful when you see medics later on,.

Hope you feel better soon

Firstly, poor you! Sounds awful.
I'm no expert but if someone crashes into you, it's their fault, no? The driver behind clearly didn't leave enough braking distance. How that's your fault, I've no idea.
I would though phone your insurance company and talk it through with them. You pay them for their services after all. They should be able to tell you where you stand and not leave you wondering what will be the outcome. Even if it is only a likely outcome.

I would think not, but your insurance company will have dealt with claims like this before so please try not to worry about it.

The arguement is I think that the driver who crashed into you hadn't left a big enough gap to allow for anything e.g sudden braking. I suspect he has probably told his insurance company that you broke suddenly with no warning, but your dh managed to brake without crashing into anyone.

They're just trying it on. Your insurance company will sort it out.

Message withdrawn

thanks,
good idea to start diary, will get on to that right now,

the back of his car was hardly damaged compared to the front. I have a feeling that because it was a company car then the company will try to get us to pay.

My understanding is that it is always the other drivers fault if they drive into you because of the braking distance issue. Even if that were not considered to be the case then the fact that your dh braked with hitting anyone indicates that he didn't brake too suddenly. Any idea how fast the other guy was going?
Poor you though - how scary for you all. Do you have a new vehicle yet?

We're waiting for settlement but have the use of a rental car at the mo. Company we're dealing with are claiming costs straight from kwik fit. So driving about in a brand new Discovery 3. Lovely but not exactly practical for driving in and around Fife and Edinburgh

Nah its simple. The person hitting from behind is to blame. He didn't have enough of a gap to stop safely. That the law. Talk to your insurance company. I wonder if he's just taken the company letterhead? Any insurance company wouldn't claim off you (unless you swerved infront of him)

This happened to us a few years ago, except the car that caused it bumped into the car behind us, which in turn bumped into us, causing us to bump into the car in front. So 4 cars involved. Car in front of us claimed off our insurer, who then claimed HIS costs and ours off the car behind us, and the car behind us claimed the whole lot off the last car which had caused it. Was actually quite simple, insurance companies dealt with the lot, including dh's whiplash claim and our replacement hire car.

So I can't see how the car behind you can claim off you - maybe they're mistaking you for the person behind who would also be at fault, as they too hadn't left enough space to brake in time.

I thought that was how it works, we did not hit the car in front of us. So hoping that ins company gets it sorted out soon.