At front of 4 car pileup - urgent liability query
At front of 4 car pileup - urgent liability query
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Blue Oval84

Original Poster:

5,396 posts

191 months

Wednesday 19th December 2012
quotequote all
Hi all, just a quick query re tonight's little bump.

I was on the way home and stopped in a queue for some traffic lights when I heard an almighty smash behind me, looked in the mirror just in time to see the Ka behind me get shunted into my car.

Got out to find that someone driving a rental car had smashed into a car, that he had knocked into the car behind me, which was subsequently knocked into my car. All this in a 30mph limit approaching a red traffic light. Quite simply, he can't possibly have braked at all.

There's no question as to who's fault it was, he smashed the first car to bits, rear bumper and wings touching the wheels, ambulance called for the driver, the Ka behind me was also a probable write off. My car appears to have sustained damage to the rear bumper and possibly the crash panel.

My question is,, who's insurance do I claim off?

All three "innocent" drivers were agreed that it was the rearmost car's fault. Does that mean I claim off the car that caused the accident directly, or from the car that hit me who can subsequently claim off the car that hit her, who can in turn claim off the car at the back? (which seems a long winded way to do it!)

Any help appreciated.

For reference, Police were called, and helped exchange details, everyone has insurance, all drivers breath tested ok, I'm not sure yet on injuries for the lady at the back as she was still in the ambulance when I left. Will give her a ring tomorrow and see how she was.

crosseyedlion

2,381 posts

228 months

Wednesday 19th December 2012
quotequote all
Blue Oval84 said:
Hi all, just a quick query re tonight's little bump.

I was on the way home and stopped in a queue for some traffic lights when I heard an almighty smash behind me, looked in the mirror just in time to see the Ka behind me get shunted into my car.

Got out to find that someone driving a rental car had smashed into a car, that he had knocked into the car behind me, which was subsequently knocked into my car. All this in a 30mph limit approaching a red traffic light. Quite simply, he can't possibly have braked at all.

There's no question as to who's fault it was, he smashed the first car to bits, rear bumper and wings touching the wheels, ambulance called for the driver, the Ka behind me was also a probable write off. My car appears to have sustained damage to the rear bumper and possibly the crash panel.

My question is,, who's insurance do I claim off?

All three "innocent" drivers were agreed that it was the rearmost car's fault. Does that mean I claim off the car that caused the accident directly, or from the car that hit me who can subsequently claim off the car that hit her, who can in turn claim off the car at the back? (which seems a long winded way to do it!)

Any help appreciated.

For reference, Police were called, and helped exchange details, everyone has insurance, all drivers breath tested ok, I'm not sure yet on injuries for the lady at the back as she was still in the ambulance when I left. Will give her a ring tomorrow and see how she was.
Inform your insurers, they'll be pretty swift at apportioning blame. They deal with this sort of thing all the time.

davepoth

29,395 posts

229 months

Wednesday 19th December 2012
quotequote all
You claim off the Ka. The Ka then claims for your car and theirs off the car that hit them, and then they claim for the whole lot off the rental car at the back of the queue.

Tom H

543 posts

217 months

Wednesday 19th December 2012
quotequote all
Claim off Kate driver they will in turn pass on costs to the one behind her and so on.

Do this by claiming directly through the third party insurer as if not you will have an open and outstanding claim with your insurer will be a while until it gets closed (fault in the interim until your insurer is settled)

An accident report form almost guaranteed as...
You will be asked how many shunts you felt. To ascertain if was solely one collision or not.

Good luck

Blue Oval84

Original Poster:

5,396 posts

191 months

Wednesday 19th December 2012
quotequote all
Cheers guys, will give her a shout tomorrow, feel sorry for her as a it looks like her car is possibly a write off through no fault of her own and she's gonna have a world of pain to deal with re the insurers.

Once it's settled I'll put the pictures on the crash thread, not that they're very spectacular, I have a feeling that this will take a while!

Blue Oval84

Original Poster:

5,396 posts

191 months

Wednesday 19th December 2012
quotequote all
Tom H said:
An accident report form almost guaranteed as...
You will be asked how many shunts you felt. To ascertain if was solely one collision or not.

Good luck
Incidentally, I'm very pleased to report that I only felt one shunt which will hopefully make all the liability easier!

A900ss

3,314 posts

182 months

Wednesday 19th December 2012
quotequote all
If it happened as you described, you claim off the rental car.

The car behind you was not negligent therefore no claim can be made. The negligent driver was the rental car.

However often in these multi car shunts it is not one big shunt that causes the whole chain. It can be that the car behind you hits your car THEN the car behind that car hits the resultant crash and so forth. In that scenario you should claim from the person immediately behind you.

Good luck either way.

MysteryLemon

4,968 posts

221 months

Wednesday 19th December 2012
quotequote all
You claim off the car that hit you. The ka.

You say they were not to blame but had they had the hand brake on and left an appropriate gap, they shouldn't have shifted forward enough to hit your car.

Regardless who you claim from anyway, you're all fked insurance wise. Even your insurance premium will take a hit as you have been involved in an accident, regardless of fault.

Happy Christmas.

Blue Oval84

Original Poster:

5,396 posts

191 months

Wednesday 19th December 2012
quotequote all
A900ss said:
If it happened as you described, you claim off the rental car.

The car behind you was not negligent therefore no claim can be made. The negligent driver was the rental car.

However often in these multi car shunts it is not one big shunt that causes the whole chain. It can be that the car behind you hits your car THEN the car behind that car hits the resultant crash and so forth. In that scenario you should claim from the person immediately behind you.

Good luck either way.
Ah, that sounds easier, I'll speak with my insurers this morning and see what they say.

I'm fortunate in this case that it really was one big shunt that caused the whole thing, I distinctly heard the smash before the car behind ran into me.

On exchanging details there was absolutely no argument between the four of us that there had only been one impact (caused by the rearmost car) which caused all the knock on shunts.

Hugo a Gogo

23,437 posts

263 months

Wednesday 19th December 2012
quotequote all
sounds like a 'crash for cash' scam - it was clearly your fault

nails1979

642 posts

171 months

Wednesday 19th December 2012
quotequote all
Lol how many people can get it wrong in one thread. Your insurance claims it off the one that caused it.
And really? she had hadn't left a big enough gap? what is this madness?

Gixer

4,463 posts

278 months

Wednesday 19th December 2012
quotequote all
MysteryLemon said:
You claim off the car that hit you. The ka.

You say they were not to blame but had they had the hand brake on and left an appropriate gap, they shouldn't have shifted forward enough to hit your car.

Regardless who you claim from anyway, you're all fked insurance wise. Even your insurance premium will take a hit as you have been involved in an accident, regardless of fault.

Happy Christmas.
Similar to what happened to me a few years back. I too was at the front of the lights. All car drivers details were taken at the time and handed over to my insurance company. Ironically I was on my way home from having the car repaired. Fault was placed on to the driver of the car that hit the middle car into me. We both claimed off him.

And no, it had no effect on my insurance for my daily driver, my vette or my bike.

ticmon

118 posts

218 months

Wednesday 19th December 2012
quotequote all
I was in exactly the same position as you about 5 years ago.

You claim off the person who caused the crash not necessarily the car which hit you. In this case the rental car.

anonymous-user

84 months

Wednesday 19th December 2012
quotequote all
MysteryLemon said:
You claim off the car that hit you. The ka.

You say they were not to blame but had they had the hand brake on and left an appropriate gap, they shouldn't have shifted forward enough to hit your car.
As an aside - Don't agree with this. Get hit hard from behind and the back wheels aren't going to neccessarily stay in firm contact with the tarmac and you will get shunted forward. Or they will just skid.

Foot on the brake, maybe, but your not supposed to do that in traffic :-)

CampDavid

9,145 posts

228 months

Wednesday 19th December 2012
quotequote all
ticmon said:
I was in exactly the same position as you about 5 years ago.

You claim off the person who caused the crash not necessarily the car which hit you. In this case the rental car.
This

Or just phone your insurers, explain the situation and get them to sort it out

Captain Muppet

8,540 posts

295 months

Wednesday 19th December 2012
quotequote all
What did your insurance company say you should do when you phoned them?

Obviously random opinions from the internet are going to give you the right answer, I'm just wondering which type of wrong answer your actual insurance company will give you.

kambites

71,547 posts

251 months

Wednesday 19th December 2012
quotequote all
yes Just let your insurers sort it out. You almost certainly have to tell them about it, anyway.

anonymous-user

84 months

Wednesday 19th December 2012
quotequote all
Inform your insurer, but leave it at that. Don't get them involved. They'll try and get you to claim through them, or offer help which may not be required, which WILL cost you. There is no need. You will just end up with a premium bump and potentially a bill for a hire car. There is no liability for YOU to argue.

Contact the Ka drivers insurer for everything including hire car and they will escalate it back down the line to the bloke who caused it if they want to.

This is speaking from experience. Admiral tried to get me to claim through them. I argued there was no need, and the manager admitted as much. They still sent Albany Assistance and the ambulance chasers after me but, again, straight claim so no need to employ anyone.

Edited by anonymous-user on Wednesday 19th December 09:27

kambites

71,547 posts

251 months

Wednesday 19th December 2012
quotequote all
Inertiatic said:
There is no need.
I've never had a car insurance contract where that is true. Mine have ALL had a clause saying I must inform the insurer of any chance of circumstances and that includes a change of accident history.

Blue Oval84

Original Poster:

5,396 posts

191 months

Wednesday 19th December 2012
quotequote all
Lol smile

My insurers said claim off the hire car and let them know if I have any problems.

Rang the alleged insurers for the hire car who totally misunderstood the query and then got the boss to tell me I'd rang a wrong number and should ring the driver of the hire car again. I had thought that because I was trying to save them money by going direct instead of involving an accident management co. and they would bite my hand off!

In the end I've given up and am ringing the hire company directly to ask them who they insure with....