car accident - disputed liability

poppet

New Member
May 8, 2011
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I was involved in a car accident a couple of months ago and it now seems there is a dispute over liability.

I was driving at approximately 40mph when the car infront of me slammed on its brakes to avoid an animal in the road. I did an emergency stop and managed to stop in time but was shunted from behind into the car infront. There was no real damage to the rear of the front car and the first driver is not making a claim. I was able to drive off afterwards as were all the other drivers but unfortunately my car was subsequently declared a write off, primarily due to the damage at the rear of the car.

Where the disputed liability comes in is that there were two cars behind me who were involved in the accident and the argument is whether the third car hit me first or if it stopped in time and was then subsequently shunted into me by the fourth car. I really don't know which was the case as my focus was on stopping in time to avoid the car in front and the only thing I've been able to tell the insurers is that I remember two distinct bumps during the accident. I've just been asked to confirm the number of bumps due to the third driver stating that they do not accept liability for the damage to my car.

Does any one have any experience of cases like this and have any ideas what the procedure is? I am mainly wondering how liability will be determined and who makes the final arbitration? I'm also concerned as to how long this is likely to drag on for as obviously I'd like a quick resolution so I can put the whole thing behind me.

Any advice or comments would be very gratefully received.
 

T.C

New Member
Jan 5, 2011
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In cases where you are struck from behind, then there is what is called Strict Liability.

The car that ran into the back of you is liable for the damage to your vehicle, and the vehicle that ran into the back of the vehicle that hit you is liable for that drivers damage.

It matters not who hit who first, it is the fact that you were struck from the rear, you claim off that driver, and that driver will claim from the driver who hit him.

The standard argument bith under the road traffic act and under civil law is that drivers must drive at a speed which allows then to stop within the distance they can see to be clear, and allow sufficient braking distance to be able to stop safely taking into account all the circumstances.

100% liability against the driver who hit you, and that driver will have 100% liability against the driver of the third vehicle
 

holliejames830

New Member
Nov 10, 2012
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These types of accidents do happen all the time. As TC said the car who hit another is 100 % liable to that car.