probable outcome...

travelling on a main road a few weeks back, following a 208 on way to work. as we approach a junction on left, a disco3 runs into the back of a van waitin to turn out of said junction onto main road. 208 starts slowin, as do i, to a safe speed to move round the van (which was slightly pokin out into main rd) then for no reason the van pulls into middle of road, as he sees us 2 comin. god only knows why!? im sure you can see whats comin here... 208 stops INSTANTLY but i lock wheels and slide (damp rd) into her rear... smashing her back doors in (gotta see the bright side )

im fully expectin the 'you hit her, werent payin atention, careless drivin, your fault' answer, BUT was wondering if anyone knows where i stand in terms of the other disco/van, do i have a leg to stand on claimin they were liable?
im fully prepared for the book to pass to me, but im also prepared to fight if theres a light somewhere...

luckily i got my ncb protected so there is at least some silver lining!

cheers for any help/pointers/'tough ****' in advance!

I've always been told if you go up someones arse-your fault,no contest-hopefully someone says something different for you

same in France, you hit her by the rear = your fault, whatever happened before
one of the very first articles in our road code reads "the driver must always remain master of his vehicle", so insurance companies agreed that by default no further discussion is needed in that case ... if you want to overcome this you must have very serious and "innovative" arguments

It's tough **** I am afraid, there is really only one defence to a straight rear ender and that no brake lights on the vehicle in front. From what you have said you were simply driving too close for the speed and road conditions.

Last one in, first one to pay

Mogwyth said:

It's tough **** I am afraid, there is really only one defence to a straight rear ender and that no brake lights on the vehicle in front.

Click to expand...

As long as they're in a forward gear. Reversing is the other exception.
Sorry DM88 - there's no good news.

I'm afraid you are screwed, you were too close or travelling too fast for the road conditions, you aint got a leg to stand on, take your medicine like a man.

in one respect all said above is true. However in todays traffic conditions insurance companies have accepted that sometimes conditions dictate different thinking.I would imagine that you have the name address etc of the 208 owner and could possibly get a copy of her report.Surely she must have put down her reason for emergency stop. Also what about the Disco 3 driver, possible witness. You need everything you can get on your side to try and minimise the fact that you did rearend her. Fight this as much as you can

Jim A
1996 300Tdi auto(Jap reimport)

Why not plug your Disco in to a Hawkeye/Nanocom and get the 'Fault code' read

D1 so dont think hawkeye will work somehow biggeeeee, nice idea though

cheers jim, never thought about her report. i thought i'd read/heard something about them changing their minds somewhere, also because of fraudulent claims. as said previously, i realise all the instant fault stuff and am fully prepared for my medicine mr waldershelf, i just think its a joke as sometimes its impossible to avoid. i only wish i was driving like an idiot, that way i would have to accept fault, but i was slowing at the same rate as 208, to around 15/20mph in 50 zone, and she literally just stopped dead when the cock in van pulled out. its not like i saw it coming and had some control in the outcome, i just did what she did. spose it doesnt help that her car weighs half mine

bearing in mind i've still got my NCB protected, what do we think the premium rise will look like? i think 5 yrs careful driving is a pretty good record for someone of 23 so i'll fight to protect it, and with 2 babies and a mortgage any increase in bills could cripple me. the amount of people i know/see driving like ****s and get away with it really ****es me off.