Insurabce Claim-Advice Needed

[team_penetrator]

Need some advice!!!!

In September I was in a queue of traffic doing about thirty. The guy in front changed from 3rd to 4th, his “foot slipped off the clutch” stalling the car with no brake lights. By the time Id realised he’d just about stopped dead, I had nowhere to go. Tried to swerve round him but clipped his bumper. I have a signed statement saying what happened but not admitting liability.

I know that I went into the back of him but… Surely he is partly to blame for driving so badly. I mean, how does your foot slip off the clutch??? When he got out of the car he was in pieces, blubbing on about how he wasn’t concentrating etc etc etc.

My argument is that if he had braked I would have reacted sooner as you always look for brake lights. A car coming to a dead stop without any notice takes a while to react to.

Anyway, my insurance company havent admitted liability and its going to court if I don’t tell them to this week.

Is it worth fighting this one, or is it a lost cause????

 

[claude80]

Don't want to come down too hard on you fella but in my personal opinion if you go into the back of someone it's your fault. If you can't stop in time you are driving too close. I've made the mistake once..... tend to leave a bigger gap now.

Really feel for you though, nobody likes to hear about a prang and it makes it even more sickening that the other driver has all but admitted liability. Good luck with it, hope it gets resolved in the best way. My opinion - lost cause.

Claude

 

[Shaun16v]

As above, its bad about the other driver making the mistake in the first place, and like you say, had he have braked you would've seen his lights, but the fact that you were unable to stop in time, they're likely to just say you were driving to close

 

[Ad]

not always......

I was the car infront and changed lanes approaching a set of lights, the fella rear ended me, we settled it our selves as my insurance thought they would only get 50/50 as I had encrouched on his stoppin distance.... unltimatley you wont get better than 50/50 tbh...

 

[tick]

my brother is a traffic cop/accident investigator, he says in 99.9% of insurance claims, the person who crashed into the rear of the other vehicle is to blame, no matter what the reasons are. Unfortunately looks like you will be held liable. At best you will get 50/50 blame, and thats very, very best

 

[MarkCup]

Instead of focussing on brake lights, try seeing if you can notice the car in-front getting bigger. That tends to mean it's getting closer and therefore going slower than you - time for brakes.

I'd be very surprised if from what you said you could argue successfully he contributed to the incident (even if he was a complete muppet).

 

[Ali]

You should always look 2 cars ahead...If you go to court i think you'll be fightin a losin battle.

 

[team_penetrator]

I was looking two cars in front, but on this occasion that actually made things worse. All the cars in front were moving freely and the one in front wasn't...
Think I agree with you all, but next time your in traffic, notice how important brake lights are...

 

[Middo]

tbh i think the result will be that you will be held liable as you have no proof that he had stalled. sods law i'm afraid

 

[ianlowry]

Probably a losing battle as everyone else said. About 10 years ago some tosser REVERSED into me while trying to open up some space for a girl turning into the same road. Funnily enough all the witnesses vanished before I could get anyone's name + the guy who was all apologetic later phoned to say I had gone into the back of him!! Insurance company wanted to argue it but I couldn't see the point...

 

[team_penetrator]

tbh i think the result will be that you will be held liable as you have no proof that he had stalled. sods law i'm afraid

I've got a signed statement from him saying that he stalled and came to a sudden halt... Reckon that would help?

 

[tick]

nah, doesnt matter if he did or not, if he performed an emergency stop he would have came to a sudden stop and in theory you should still have enough time to have stopped before hitting him. If your insurance company want to fight it let them, nothing to lose i suppose, but chance of winning or as goo as none sorry

 

[Middo]

if youve got a signed declaration then your in with a chance of winning. ultimately it'd probably go knock for knock, but id still try

 

[Fletcher]

How much damage did the accident cause?