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longtomsilver

Rear Ended (Another Car Smash) Advice Please.

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So LTS does it again.

Yesterday I pulled up at a giveaway and waited for a break in the traffic and someone came up behind me and SLAM they shunted my Mercedes a few feet into the main road. My car sensed the impact, braced the seats and activated the spring loaded head restraints so I think I'm fine however the car will need to go and get repaired.

The other driver told me he had a dash cam and it was probably my fault as he saw I moved on to the giveway and paused however its a little insulting as what did he expect me to do, pull out into oncoming traffic so he doesn't have an accident but I do. Anyway, whatever I believe it's strict liabilty.

What happens to uninsured losses such as excess and sports equipment it was quite a bang and I see the impact split open the lid to my sun cream and also popped open a activated carbon hand warmer. It's my paraglider (I was coming back from flying and it's on show in the video that I took). Thing is the material doesn't take too kindly to oils (tiny splodge) and heat, both destroy the material in terms of porosity and strength. I could send it off for an inspection either here in the UK or with the manufacturer in Germany. Either way I won't be happy flying it again as the structural integrity may have been compromised and my life hangs literally in the balance.

Gutted to say the least.

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He hit you. End of.

No ifs or buts.

But whatever number your insurance company has be prepared to change it after the claim so the bastards who will ring you up insisting you should make a claim even if you've not even took paracetamol can't get you.

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Basically, if somebody runs into the back of you, it is their fault for being too close and not reacting too quickly. I assume you were staitionary. I always find a towball a good investment, to put the crumple zone into the other car.

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PS Did you get a photo of him as well as his car.

Tell your insurance company he has video.

He's in a few frames of the video I took. Dithering old git (apologies to old gigs on here) said that he had a 47 year no claims record as in to say he's the victim in all of this.

I'm not planning on changing my number,in fact the out of hours number provided by the insurance company IS an accident management company separate from the insurance co. Itself so I refused to report it there after confirming I can go directly on Monday.

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Basically, if somebody runs into the back of you, it is their fault for being too close and not reacting too quickly. I assume you were staitionary. I always find a towball a good investment, to put the crumple zone into the other car.

Absolutely, if he supplies footage from the video cam it's only going to help prove that he's 100% at fault. People use those things so they can capture scammers reversing into them and then claiming they were hit from behind. Either this bloke doesn't understand that, or he was trying it on.

Regards the paragliding thing, I would expect at least an inspection to be covered by the insurance, and if there's any doubt, then repair or replacement as well.

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No one hurt.

Don't know answers to your other questions. Perhaps take date-stamped pics of your paragliding gear today, so if you can claim (ideally against other driver), you have some proof?

You have a new car on order anyway

http://www.housepricecrash.co.uk/forum/index.php?/topic/205858-i-bought-a-new-car-today/

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Basically, if somebody runs into the back of you, it is their fault for being too close and not reacting too quickly. I assume you were staitionary. I always find a towball a good investment, to put the crumple zone into the other car.

Nice idea but tow bars can be counterproductive as the energy of the crash can bypass the crumple zones and directs into the chassis. As it happens car is not driveable as vibrations running through the drivetrain.

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Sorry to hear about your accident. Hope you're ok.

This did make me laugh:

The other driver told me he had a dash cam and it was probably my fault

Yes, it's your fault he drove in to you! What a spanner.

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You must not accept responsibility at the scene of the crash, it can invalidate your insurance. If he has a cam let's hope he didn't have a sound recorder on and you meekly accepted you may have been at fault.

As others have said, regardless of how quickly you may have braked he ran into the back of you so he is liable.

All I said to him was "how can I be at fault when you drove into the back of me" at which point his tune changed and went from being defensive to sayings "let's make this amicable".

My braking was leisurely btw no emergency stopping.

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No one hurt.

Don't know answers to your other questions. Perhaps take date-stamped pics of your paragliding gear today, so if you can claim (ideally against other driver), you have some proof?

You have a new car on order anyway

http://www.housepricecrash.co.uk/forum/index.php?/topic/205858-i-bought-a-new-car-today/

Yes I do however I was hoping to pick it up in January. Will be ready when the new plate comes out so will probably take delivery then.

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Absolutely, if he supplies footage from the video cam it's only going to help prove that he's 100% at fault. People use those things so they can capture scammers reversing into them and then claiming they were hit from behind. Either this bloke doesn't understand that, or he was trying it on.

Regards the paragliding thing, I would expect at least an inspection to be covered by the insurance, and if there's any doubt, then repair or replacement as well.

The sun cream isn't much of a problem and it was only on one panel which if replaced will make my glider unsaleable on the secondhand market. I had a replacement panel on another wing (curse of barbed wire) and the material is never the same and I lost a sale on that one, had to give it away (literally).

More concerned about the heat.. Instructions specifically say never to leave in a hot car or apply a direct heat source as that does cause unseen damage which can only be determined in an laboratory.

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Your sports kit will still be covered as it has been damaged, as they are your uninsured losses. You simply to demonstrate that it has and provide evidence as to the cost of replacement. Photographs of the stained areas and an expert opinion that this should be replaced is all you really need. Make the offer that the other party's insurance company can have it independently tested if they so wish.

The fact it is an airframe and the material covering such should make all this academic. If you have to pay out for the expert opinion that will also form part of your uninsured losses.

Not sure of the value of your kit but I would guess it is not insignificant. On this basis alone maybe you should consider putting the claim in the hands of a professional solicitor. They will be able to advise much better than the HPC missive......

PS I thought it so obvious that it didn't even need to be mentioned. There can be no argument over liability if he ran into the back of you and you were stationary. You should advise your insurance company/ professional that the other party has video from a dash cam. (not that they will want to present it).

As an aside many years ago I had an old Granada with a towing hook on and a brand new volvo hit me up the back in slow moving traffic coming up the hill on the Uxbridge road in Hanwell. Just outside the Viaduct pub for those that know the area. I pulled over to the side got out and noticed he had bent my towing hook slightly. I looked back to see the front of his new 780 with the rad all stoved in and dropping coolant into the road. I whinged you have bent my towing hook and I won't be able to get my caravan on it now.

He took one look and said will £50 cover it. I said yes thank you very much and the cash changed hands. Feeling charitable I then helped him push it into the pub car park.

The kicker to the story is the Granada had the towbar on it when I bought it and I would never ever own a caravan in a Month of Sundays...

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??? what has that got to do with anything?? He ran into the back of you. He is guilty. The highway code I believe is quite specific in that the driver needs to allow enough distance to stop so as not to hit the car in front.

... But but but he did say he's been driving 47 years accident free and if they do happen considering his unblemished records they can only be caused by others. He's a tool.

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Your sports kit will still be covered as it has been damaged, as they are your uninsured losses. You simply to demonstrate that it has and provide evidence as to the cost of replacement. Photographs of the stained areas and an expert opinion that this should be replaced is all you really need. Make the offer that the other party's insurance company can have it independently tested if they so wish.

The fact it is an airframe and the material covering such should make all this academic. If you have to pay out for the expert opinion that will also form part of your uninsured losses.

Not sure of the value of your kit but I would guess it is not insignificant. On this basis alone maybe you should consider putting the claim in the hands of a professional solicitor. They will be able to advise much better than the HPC missive......

Thanks. I will do this and am perfectly happy for the glider to undergo an inspection. I am absolutely confident if a porosity test was done at different points on the glider the reading would be much lower (poorer) where the heat pack came into contact with said paraglider. The material is noticeably less crispy in that spot (crisp is good). Cost me £3k only 20-30 hours airframe on a design life of 250 hours (second life a further 150 hours depending on inspection).

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The kicker to the story is the Granada had the towbar on it when I bought it and I would never ever own a caravan in a Month of Sundays...

Similar for me. Christmas Eve one year. Got shunted by a Vectra. Vectra looked wrinkled. Tow ball in tact. I do not, and have never been caravanning. Was a low speed shunt though. I was stationary. We exchanged names and addresses, but I never heard anything, so I guess he may not have been insured.

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How old is he? If he's over 70 he might find his insurance becoming prohibitive. Be careful of old people, my mum was run into by two devious old buggers who smelt of sherry. She was sitting parked at the side of the road in her car and they veered across onto the wrong side of the road and ran into the front of her car. My mum said

"They were awfully nice but they did seem a bit unsteady and smelt of alcohol"

Did you call the police?

"oh no, I couldn't do that"

I asked if she'd taken photos of the crash or marked up a schematic on the insurance docs

"oh no, I don't think that will be necessary, I'm sure they are all above board, the insurance will handle it"

next thing my mum found out they'd claimed it was her fault and she'd lost her no claims.

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How old is he? If he's over 70 he might find his insurance becoming prohibitive. Be careful of old people, my mum was run into by two devious old buggers who smelt of sherry. She was sitting parked at the side of the road in her car and they veered across onto the wrong side of the road and ran into the front of her car. My mum said

"They were awfully nice but they did seem a bit unsteady and smelt of alcohol"

Did you call the police?

"oh no, I couldn't do that"

I asked if she'd taken photos of the crash or marked up a schematic on the insurance docs

"oh no, I don't think that will be necessary, I'm sure they are all above board, the insurance will handle it"

next thing my mum found out they'd claimed it was her fault and she'd lost her no claims.

Crikey, she was stationary. How could it be her fault? :blink:

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Crikey, she was stationary. How could it be her fault? :blink:

The old folks said she was parked in a dangerous position on the brow of a hill... they failed to mention they'd crossed over the road onto the opposite side and front ended my mum. The insurance didn't ask any more questions and as my mum hadn't offered her story to her insurance they'd accepted the old coves' version of events. My mum was basically too lazy or too naive to bother documenting what had happened.

Compare this to when my wife got side shunted I went out in the evening to photograph and measure the scene for the insurers. In fairness to the guy who hit the missus the junction is criminally dangerous.

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With only one exception, every car I've ever had, had seen someone drive into the back of it in the first week of ownership.

The exception is the one we have now. However when following partner back to Mum's house having borrowed her car, someone went in to the back of that.

You might think that I brake abruptly, but that was not the cause of any of these.

I would agree that you need to claim for the cost of inspecting and proving safe your equipment as part of your claim.

The point of insurance is to put you back in the position you were in before the accident.

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With only one exception, every car I've ever had, had seen someone drive into the back of it in the first week of ownership.

The exception is the one we have now. However when following partner back to Mum's house having borrowed her car, someone went in to the back of that.

You might think that I brake abruptly, but that was not the cause of any of these.

I would agree that you need to claim for the cost of inspecting and proving safe your equipment as part of your claim.

The point of insurance is to put you back in the position you were in before the accident.

I had a smash in a car, the first day I collected it from the dealer. Somebody came out of a side turning, and bumped the back.

Oh dear, It was a dented Rover with 4 young blokes in it. I thought I would be in for Hell, but the bloke was as shaken up as I was, and extremely polite, but I bet he lost his no claims bonus. :wacko:

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... But but but he did say he's been driving 47 years accident free and if they do happen considering his unblemished records they can only be caused by others. He's a tool.

If he's been driving that long, he's probably blind as a bat by now.

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He should be prepared for people stopping at give ways you'd think.

Heard loads if stories like this involving boomer drivers. Take the bus passes off them if they have a car!

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I would struggle to see how it is your fault at a give way. Stopping at some random location and getting rammed is always a bit harder, but what do they expect at a give way? Go and take a photo of the site, mark it up, should be a very simple discussion.

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??? what has that got to do with anything?? He ran into the back of you. He is guilty. The highway code I believe is quite specific in that the driver needs to allow enough distance to stop so as not to hit the car in front.

An unexpected emergency stop totally out of the blue for no reason may be someone trying an insurance scam by taking advantage of someone else's bad driving. I've no idea what the outcome would be if they decided that was the case although I think that it happens often enough (pull off then stop for no reason, it's a bit less blatant than going in to reverse, which would be obviously guilty). You should allow enough distance to avoid that but if you don't it doesn't mean that the braker isn't in the wrong too.

However sounds like this isn't the case at all and since he's said he's got dashcam footage (bad move on his part, he can't really accidentally lose it now) hopefully you'll be fine.

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