Collison advice pls.
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Discussion

sie10110

Original Poster:

55 posts

125 months

Monday 17th February 2020
quotequote all
Hello,

Opinions on the following please?

Thursday evening I was involved in an accident where Car 1, in front of me, performed an emergency stop on a roundabout with a filter lane, not realising it was a filter lane.

I stopped (just) but Car 3 behind me didn't, hitting me into Car 1. Once clear of the road the driver of Car 1 was very apologetic saying she panicked.

I had been following the first car for a couple of miles and had seen it driving very erratically. Driver was from overseas in a rental car.

Seems insurance is going for Driver 3 as didn't stop in time, without any consideration for the actions of Driver 1 who started the chain of events leading to the collision.

Is there anything the driver of the 3rd car can do apart from taking paying the excess on the chin?

gazza285

11,149 posts

237 months

Monday 17th February 2020
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While driver one might have started the incident, it was driver three that caused the damage, and driver three will be held liable.

PorkInsider

6,587 posts

170 months

Monday 17th February 2020
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Unless you (or rather driver 3) have reason to believe driver 1 deliberately caused the collision I can't imagine what mitigation driver 3 could offer.

They drove into the back of you and there's not really any excuse for that.

The_Nugget

746 posts

86 months

Monday 17th February 2020
quotequote all
Unless they did it on purpose, then it is driver 3’s fault. If not following too closely and /or paying attention then 3 should be able to stop regardless of the reason. There are all manner of reasons why someone needs to do an emergency stop.

I wouldn’t be concerning myself with whose fault out was, if it was clear that it wasn’t mine!

lyonspride

2,978 posts

184 months

Monday 17th February 2020
quotequote all
This is an excellent example of why non-fault claimants still see rises in their insurance premiums. They might not be ultimately to blame, but their incompetence was a contributing factor.

We have similar filter lanes near to where I live and there are two problems they cause, the first is as you described, the second is people ignoring the solid white line when exiting the roundabout and cutting across anyone using the filter lane.

Edited by lyonspride on Monday 17th February 12:07

Alucidnation

16,810 posts

199 months

Monday 17th February 2020
quotequote all
lyonspride said:
This is an excellent example of why non-fault claimants still see rises in their insurance premiums.
Not always.

davek_964

11,261 posts

204 months

Monday 17th February 2020
quotequote all
About a month ago, I was very nearly driver 3 in this scenario.

Slip road exits one dual carriageway, and at the top there is a 90 degree bend that feeds into a new inside lane of a different dual carriageway directly (the inside lane becomes a new extra lane at that point) with no give way. I was a bit slow realising that the cars weren't just going slowly, but had actually stopped - and I got within a couple of inches of the car at the back.

The person at the front of the few cars was clearly treating it as a give way. However - despite that clearly being wrong - I was still quite sure that if I'd hit the car in front, it was 100% my fault.

Jamescrs

6,388 posts

94 months

Monday 17th February 2020
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I think it comes down to car 3 not leaving adequate space between themselves and the car in front (you) so they are ultimately liable for the collision.

Pica-Pica

16,580 posts

113 months

Monday 17th February 2020
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Car 3 hit you, so that driver is liable. Two-second rule, and all that.

TwigtheWonderkid

49,052 posts

179 months

Monday 17th February 2020
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sie10110 said:
Seems insurance is going for Driver 3 as didn't stop in time, without any consideration for the actions of Driver 1 who started the chain of events leading to the collision.
If you are going for a chain of events, why stop at driver 1? How about the person who taught her to drive? She wouldn't have been so panicked had she had a better teacher. So forget chain of events.

Her braking harshly for no reason didn't cause the accident. You might have caused an accident had you been a worse driver, but fortunately you left enough space to allow yourself time to stop. The idiot behind you is a moron. Driving too close and thus unable to avoid hitting you. He's 100% to blame.

There was no chain of events. Just 1 idiot who caused an accident by driving to close to the car in front.

kurokawa

662 posts

137 months

Monday 17th February 2020
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Interesting read,
I wonder when will someone start bringing up chaos theory and Butterfly effect

Steve57

2,174 posts

271 months

Tuesday 18th February 2020
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Car 3’s problem. We had one a few years ago in our works van, now this was never proved but from what I can assume our van (car2 in this scenario) hit car 1, and then was hit by car 3 also 🤦‍♂️ Who got the blame? Car 3 😳 our driver never admitted to hitting them first but car1’s claim stated they were hit twice first slightly less so than the second.

fido

18,911 posts

284 months

Tuesday 18th February 2020
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Surprised no one has quoted Scott v Warren [1974] yet. Rear-ender does not automatically mean Driver 3 is at fault - but it might be hard pushed to get insurance company to get Driver 1 done for careless driving with evidence e.g. dashcam.

sherbertdip

1,288 posts

148 months

Tuesday 18th February 2020
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kurokawa said:
Interesting read,
I wonder when will someone start bringing up chaos theory and Butterfly effect
13:53 on 17th Feb 2020 perhaps?