Insurance claim advice - Rear ended somebody

[Easty-5]

Well this morning I was coming home from the girlfriend's house. I was following a learner driver. We came to a T junction, The learner started to pull away, so I was looking at oncoming traffic and pulled out aswell. Well unfortunatley for me, the learner driver had stalled just as she got her nose out onto the road, I was too busy looking at oncoming traffic that I never noticed and I hit her.

I think that it is obvious that I am the driver at fault here, but somebody has mentioned to me that joint responsibility should be investigated as she stalled in a "dangerous" situation, I had no warning she was going to stop, there were no brake lights etc. Personally I think it is clutching at straws a bit.

Also, how much does the typical insurance premium go up by for a claim against you like this? Will the insurance premium go up straight away?

Cheers,
Jamie

[lost in espace]

Sorry hear this Jamie, I suspect you will have to take the responsibility. Happened to me and cost £20k to sort. You will now change your driving style and watch the car in front more at junctions, I did.

[PhilJ20]

Yep - clutching at straws.

If you tried this the most likely response would be - so you didn't notice the large L plates, and consider that the driver may do something unexpected then? Or that you didn't check to make sure your way was clear before proceeding? That's called driving without due care and attention.

Sorry, but I think your first instinct was correct. Your fault.

[Vvroom]

Yes, wishful thinking OP. Your fault I'm afraid, bad luck. I think most of us have done this/nearly done this at a road junction when the car in front pulls away and then hesitates etc.

No idea on what sort of hike you can expect. Suppose it depends on whether the car in front is claiming just for vehicle repairs or whether they tip in claims for whiplash etc. (low velocity impact though from the sounds of it)

anyway don't fret, it's happened. One to take on the chin I think.

[Yodafone]

Easy mistake to make, I have done this in the past on a roundabout, car goes past nothing coming at all but car in front does not go.

That’s why I always look in front to make sure the car in front has really moved before I even consider moving.

You’re just going to have to put it down to experience as you are responsible for making sure that your path is clear and accept it I’m afraid.

Edited by Yodafone on Saturday 24th April 10:05

[Somnophore]

Sorry to hear that mate, hitting someone in the rear will always go down as a fault accident whatever you argue. I had one at work where our client slammed the anchors on to avoid hitting a rabbit (wihout checking behind him) causing the guy behind to hit him in the rear as he had no time to stop. Arguement is you should be far enough back/expect to have to stop in an emergency so it's still the person behinds fault.

He still squashed the rabbit though and essentially caused and accident, prolly got a few grand for whiplash too, go figure

[durbster]

Yodafone said:

Easy mistake to make, I have done this in the past on a roundabout, car goes past nothing coming at all but car in front does not go.

I'm quite thankful that I did it while on a driving lesson once, and my instructor hit the brakes for me. Lesson learnt.

There is another reason to always look forwards before you move too. I was once pulling left onto a busy main road, spotted a gap, went to set off and just as I was about to move I turned to see a cyclist riding across my nose from the left. Another lesson learnt.

[Easty-5]

Thanks for the replies. I take 100% responibilty for the accident. Luckily it was only a 5mph shunt and nobody was hurt. Both persons in the car were fine and we had a laugh about it. At the end of the day, what else can you do?

I cannot see them putting in a claim for whiplash, they were both fine and very decent people. I am not too worried about the damage on my car. It is only a run about for a year or 2 as I was waiting for my insurance premiums to drop before buying something a little nicer. Fat chance of the happening now.

Another thing, my insurance is up on the 27th of this month. I have agreed a renewal price with my insurance company, will this price be affected now or will it remain the same and i will see a hike in my premium next year? Do I lose my 3 years no claims bonus having a claim against me?

Here is the damage that was caused:









Cheers,
Jamie

[paoloh]

Did you not think that by following a learner, they may do something wrong??

Always give learners plenty of space.

[Easty-5]

paoloh said:

Did you not think that by following a learner, they may do something wrong??

Always give learners plenty of space.

I should have thought this yes, I do not need to be patronised thanks.

[Somnophore]

It's whatever is on your policy but yes you're likely to lose all your no claims. Also that looks to be more like 10-15 mph than 5mpg, I'd be very surprised if a new BMW would be that badly damaged from a 5mph bump. I would say offer to pay cash but a BMW dealer will charge around £1500+ for that repair

[Liam554]

I think your insurance will probably increase sooner rather than later, IIRC.

[Elskeggso]

The same thing happened to me, but I was the learner. No damage luckily

[paoloh]

Easty-5 said:

paoloh said:

Did you not think that by following a learner, they may do something wrong??

Always give learners plenty of space.

I should have thought this yes, I do not need to be patronised thanks.

So, you drive into the back of a learner, then come onto a forum to ask if it is a 50/50 claim and then want everyone to be on your side.....

[Conceited]

paoloh said:

Easty-5 said:

paoloh said:

Did you not think that by following a learner, they may do something wrong??

Always give learners plenty of space.

I should have thought this yes, I do not need to be patronised thanks.

So, you drive into the back of a learner, then come onto a forum to ask if it is a 50/50 claim and then want everyone to be on your side.....

I don't think that's what the OP is doing at all. I think that he, like most people would, was merely investigating all avenues.

Edited by Conceited on Saturday 24th April 11:33

[madala]

.....5MPH.....Hmmm.....get ready for the personal injury claim for whiplash....yes it will come....believe you me.

Bad luck...and good luck.

[Easty-5]

paoloh said:

So, you drive into the back of a learner, then come onto a forum to ask if it is a 50/50 claim and then want everyone to be on your side.....

Get a grip. Read my first post properly. I accept fully that it is 100% my fault. I questioned the 50/50 part as I had never heard of such a claim before.

I am not asking anybody to take any sides, I am merely asking what is going to happen insurance wise. I have never ben involved in an accident before so this is all new to me.

Anyway, back on topic;

i can assure everybody that there was no way speed upon contact would have been more than 5-10mph. We had both come to a standstill at the junction, the learner car started to pull away, and so did I. I had only just come off the clutch fully and then I hit the car infront.

There will be no claims for whiplash. She has told me the claim will be for the damage to her car and the loss of earnings for that day.

Do I need to contact my insurance company and will they contact me. I am not claiming for any of the damage sustained to my car.

Edited by Easty-5 on Saturday 24th April 12:00

[Liam554]

Notify your insurance of what happened, and tell them that someone will be putting in a claim against you. Otherwise they may get a little bit grumpy.

[andy43]

100% your fault I'm afraid, despite the learner driver.
By the time the driving instructor's car hire, claim for loss of earnings, 2 x whiplash and 'situational vehicle anxiety' claim x 2 have been run through, plus some car repairs, recovery, storage etc are added on it'll be quite a few £. Think of a number then double it for Claims Direct's fees. Where there's blame there's a claim. And lots of money to be made. Anyone who doesn't chance a claim in a situation like this are few and far between now. Sorry - but I'd expect the worst.
Be thankful you weren't in Bradford - you'd have 5 whiplash claims coming

[frosted]

If you just renewed your insurance then you will still pay the same for the remaining year . Next year you will have the increase . It will not be more than 20% if your over 25 yes old . All you have to pay now is your excess to fix your car