Scenario

[xtreme_boi]

If A bumped into B, but maybe due to loss of concentration caused by B.

Plus if B made a claim against A insurance, would A loss his/hers no claims?

 

[xtreme_boi]

BUMP!!

 

[DrR]

Pics/ diagrams FTW. Right section might help to.

 

[theduck]

Whoever is deemed at fault will lose no claims, if its decided as knock for knock then both parties lose no claims.

 

[Beef-Mc]

Driver A shouldn't have been following so close and should have been prepared to stop sooner.

In my books Driver A would be at fault.

However better details are needed before making an accurate decision.

 

[rctempire]

If A bumped into B, but maybe due to loss of concentration caused by B.

Plus if B made a claim against A insurance, would A loss his/hers no claims?

A would loose the no claims.

Person who runs into the back of any vehicle is at fault, because of due care and attention not being paid.

 

[xtreme_boi]

Was stationary on a hill (upwards) behind a car, in traffic. I needed to move over into the right hand lane, and saw there was plenty of room ahead. Lights went green, traffic began to move, so I began to pull over into the right lane. But hit the car in front on its back bumper, on corner. Could have swore the gap I had to move, had reduced, meaning car in front rolled back slightly, as we were on a hill. Got out to see driver, and noticed she was putting a half smoked cigarette back into her fag packet. So this tells me she was smoking behind the wheel. Not sure who is at fault. Will have to wait & see!

 

[MattT]

In that scenario I'd say you were probably at fault IMO.
You'd be hard pushed to prove she had rolled a significant distance to cause that - at best you might be able to get a 50/50.

Although from my experience insurance is such a fickle thing and it's impossible to say which way that could go for sure.
Is there a chance you could sort it out outside of the insurance companies? What was her story as to what'd happened?

 

[xtreme_boi]

In that scenario I'd say you were probably at fault IMO.
You'd be hard pushed to prove she had rolled a significant distance to cause that - at best you might be able to get a 50/50.

Although from my experience insurance is such a fickle thing and it's impossible to say which way that could go for sure.
Is there a chance you could sort it out outside of the insurance companies? What was her story as to what'd happened?

Well there is no doubt that she is going to be making a claim on my insurance, saying I bumped into her. But bet you any money she wont say that she was infact "smoking" while behind the wheel. Is that illegal to do so now, someone told me it was. Plus I can't contact her until 18th April, the very latest. As on the day of the bump, she said that she was going on holiday. So will have to sort it then. Im not really prepared to wait that long, as I want the repair done asap. Plus I found out on Saturday that my excess is £800, when I only thought it was £300. So either way, it doesn't look good. Plus I have 3 yrs no claims, so will I lose them all, or just some?

On another note, she will get off lightly with the damage to her Yaris. Back bumper needs replacing, thats about it.

The other thing I am not too sure on it this. As above, I mentioned my excess is £800. If the quote on the repair is under £800, I still have to pay it correct, because of the excess? If that was the case wouldn't it be simpler to just have the repair done without getting my insurance involved? But then again, I will still lose my no claims, so no way out really, or is it?

 

[MattT]

If you're reasonable with her from the outset then hopefully she'd be open to getting her car repaired outside of insurance - as long as her car is repaired to a standard she is happy with and you (more likely the repairer) can provide her with a courtesy car there is no difference either way for her that I can see.

Plus, by going through insurance there is a chance that both parties premiums will be increased next year.

Regarding your no claims - AFAIK you will lose at least 2 years NCB and any excesses. First thing I would do is get a quotation for the repair to your car so you've got a good idea how much you are realistically talking and can better weigh up your options regarding your excesses.

* Of course all this is based on my experience with insurance, I'm not claiming to be an expert!

 

[Steve]

If B ran into the back of A, B is at fault.

Driving without due care & attention

 

[@Spoonie]

Thats clearly your fault, how can her smoking a fag cause you to crash into her? If you'd been paying attention you would have seen any roll from her car. Take responsibilty for your own actions and don't try and screw her over.

EDIT: Also where does it state its illegal to smoke in your car? Its listed in the highway code as a distraction but its not illegal AFAIK.

 

[Black-Clio-1.4]

I would hope for your sake her damages are less than £800, so you can sort it outside insurance. Also you should take in the £100's your no claims save you. Also having a claim will add to your insurance policy.

My advice is to talk to her, explain that it will end up 50/50, so both of you will lose your no claims and have a claim on your insurances. Making it worth her while out side of insurance.

Or/Also

I would recommend you tell her you have got, either the camera footage, from CCTV of the accident ("police friend helped you") or a whiteness. This will scare her into submission, and may allow you to get her to write a letter stating the matter is closed! If you say you'll forget about your damages.

Or

Contact your insurance company, saying she rolled back into your car. Attempt to win. And still have an accident claim on your insurance! Meaning higher premium, buit keep no claims.

PM If you have any questions.

I hold no responsibility for your mistakes, and for what you do!!!

 

[Black-Clio-1.4]

The other thing I am not too sure on it this. As above, I mentioned my excess is £800. If the quote on the repair is under £800, I still have to pay it correct, because of the excess? If that was the case wouldn't it be simpler to just have the repair done without getting my insurance involved? But then again, I will still lose my no claims, so no way out really, or is it?

Excess is where you pay all repair costs unless it goes over your excess!!

Repairs = £550 --- You would pay all costs, so just £550!


Repairs = £1000 --- You pay £800, insurance covers the £200!

 

[@Spoonie]

How is that going to end up 50/50? He crashed into her! It doesn't matter if you roll back 20 metres. If someone then crashes into you it's their fault.

If one company tries for 50/50 you have the option of going to court to contest it. A judge will then look at the evidence. If he starts lying about what happened he will be found out and possibly end up in a worse situation (court costs, voided insurance).

 

[Black-Clio-1.4]

How is that going to end up 50/50? He crashed into her! It doesn't matter if you roll back 20 metres. If someone then crashes into you it's their fault.

If one company tries for 50/50 you have the option of going to court to contest it. A judge will then look at the evidence. If he starts lying about what happened he will be found out and possibly end up in a worse situation (court costs, voided insurance).

Fair point, I guess.... So your saying if someone rolls backwards into you, while you stationary, it's your fault.

Who says he was moving..... ''she rolled backwards into him, when she was attempting to go.

She hits him and claims he moved forward into her...... Picture of gradient, diagram of where they were and timings of what happend, why he couldn't go backwards, he tried beeping as she rolled and tried avoiding it by going around her??????????????''

 

[@Spoonie]

Can't see how he could get away with saying she rolled back into him. It sounds like he's clipped her rear bumper when trying to pull over to the right hand lane (Misjudging the distance between him and her).

The damage will show the angle of contact, looks to me like he's booted it and hit it with a bit of force. A car rolling back tends to result in minor damage unless its rolled a fair distance.

 

[Black-Clio-1.4]

Yep. Just giving advice if she has rolled back, he will need to exagerate some things. I would be telling the smoking girl the same thing if she had asked.

 

[@Spoonie]

Yep. Just giving advice if she has rolled back, he will need to exagerate some things. I would be telling the smoking girl the same thing if she had asked.

And I'd say to him, if you could see me rolling back then why did you crash into me?

Be interesting how this one turns out.

 

[Steve]

Face facts your in the wrong.

 

[Anonymous]

Smoking distracting and illegal??

Bum boi's are distracting to me, can I sue you if I crash?

 

[sh33n]

Smoking is against the highway code now I believe but not illegal (although only a matter of time, and cannot come soon enough imo).

If she rolled back then how is he at complete fault?

Sounds to me like a 50 / 50 accident, and given the small amount of damage it's likely the insurance companies will agree this for a quick resolution.

 

[Ad]

this one isnt worth battling over imho.

As said your best outcome will be 50/50 you still pay your excess and lose your NCB. Id say it highly likely it will be solved in her favour. Tbh just because she was smoking doesnt make it her fault.

 

[MarkCup]

From the original post it sounds like she was stationary when he hit her bumper.

If that's the case, if she had rolled back or not is irrelevant. She was stationary, and he collided with her.

There can only be one party at fault there.

 

[xtreme_boi]

Its still pending people. She has yet to have reported this to her broker/insurance. As my insurance emailed me yesterday to inform me. Hmmm!

 

[Chris_Cliomk1]

In that scenario I'd say you were probably at fault IMO.
You'd be hard pushed to prove she had rolled a significant distance to cause that - at best you might be able to get a 50/50.

Although from my experience insurance is such a fickle thing and it's impossible to say which way that could go for sure.
Is there a chance you could sort it out outside of the insurance companies? What was her story as to what'd happened?

Well there is no doubt that she is going to be making a claim on my insurance, saying I bumped into her. But bet you any money she wont say that she was infact "smoking" while behind the wheel. Is that illegal to do so now, someone told me it was. Plus I can't contact her until 18th April, the very latest. As on the day of the bump, she said that she was going on holiday. So will have to sort it then. Im not really prepared to wait that long, as I want the repair done asap. Plus I found out on Saturday that my excess is £800, when I only thought it was £300. So either way, it doesn't look good. Plus I have 3 yrs no claims, so will I lose them all, or just some?

On another note, she will get off lightly with the damage to her Yaris. Back bumper needs replacing, thats about it.

The other thing I am not too sure on it this. As above, I mentioned my excess is £800. If the quote on the repair is under £800, I still have to pay it correct, because of the excess? If that was the case wouldn't it be simpler to just have the repair done without getting my insurance involved? But then again, I will still lose my no claims, so no way out really, or is it?

No mate its not illegal to smoke whilst driving at all. Yeh ull loose all ur ncb's an have to start again as theyl just say it was ur fault for mis judging the distance

An smoking isnt a distraction whilst driving in the slightest, im sure ull find its only non smokers who say it is and who obviously havent a clue

 

[CupSport]

Exactly the same happened to me in my cup
me being A that is went into the back of B who was at the time
stopping because an old lady in front of him decided to stop to let a girl cross
the road when the lights were on Green..
It was wet B stopped just in time and i went straight into the back of him..
Damage was quite bad! i tried to claim off him and he even admitted
it wasnt my fault but in the eyes of insurance whatever hits you from
behind is your fault regardless and i have rarely ever seen anyone getting away
with that no matter what happens up front...

 

[Black-Clio-1.4]

Exactly the same happened to me in my cup
me being A that is went into the back of B who was at the time
stopping because an old lady in front of him decided to stop to let a girl cross
the road when the lights were on Green..
It was wet B stopped just in time and i went straight into the back of him..
Damage was quite bad! i tried to claim off him and he even admitted
it wasnt my fault but in the eyes of insurance whatever hits you from
behind is your fault regardless and i have rarely ever seen anyone getting away
with that no matter what happens up front...

Your meant to leave enough of a gap to stop, what ever the situation. So you should double the distance in rain, and double that in snow/ice.

If the person infront does somthing stupid, best you can get is 50/50!

 

[CupSport]

Traffic was just starting to move off from traffic lights
i got no more then up to 20 25 mph before i just saw the Vans
brake lights flash on! not only that he only had one working
and a clio cup in the rain 172 just aint stopping lol

He didnt make a claim against me either