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Fred C
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If you were stopped, and car behind pushed you into car in front, the car behind is 100% at fault for hitting you. Damage and injuries attributed to that collision you can claim for. You are 100% at fault for hitting car in front. You didn't leave enough space. If you can't see the ground where the wheels meet the ground when you are stopped at a red light, stop sign, etc, you are too close.
Sorry.
It matters not a whit whether you hit the car in front before the guy behind hit you, or he hit you first, the collision with the car in front is 100% you fault, the difference is the wording of the report and the charge laid. Either way, you get a ticket. |
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Bardic
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None of us were there so we can't really say. The best advice is to get a solicitor, my friend. Most will give you an initial interview free anyway.
Just because you've been charged doesn't mean you're guilty, that will be down to the court case. If you ARE found guilty, it can involve between 3 and 9 points plus usually a fine.
Hope you're feeling better. |
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WelshLad
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You claim off the car that reared you, and the car you reared claims off you. |
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Scouse
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Talk to your insurance company. You need legal representation in Court. it is possible that you did hit the car in front twice if the rear car was still going forward after it hit you first.
Rear car hits you and you bounce forward into car in front rebound onto rear car and bounce back to front car. I do not know the speeds which would need to be involved but it may be worth an investigation. Hope your insurance will help in Mag/ Court case. If not get a specialist solicitor. The local Law Society will give you names and you can talk to the individula solicitors. Ask for costs because the chances are youi wil have the pay for the Mag. Courts defence |
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Trevor h
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How exactly does the car driver in front know the sequence of events?
How do they know you hit them before you were hit by the car from the rear? Where is the evidence?
truth is, there is no way they could know - and i reckon they just can't prove it - think about it! You yourself know the exact sequence of events, so she MUST be fabricating the story! |
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Trainman
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Provided this happened as you say it did, then the driver who rear-ended you (or their insurance company) is responsible for settling ALL claims arising from this accident. I hope she has insurance and that you had the presence of mind to collect the details from her, as well as details of any witnesses.
In the mean time, if you have not already done so you should contact your own insurance company so that they can liaise with the other parties involved on your behalf. Check your policy details - many include legal cover for this kind of situation. If not (and that is most unlikely) you should still take legal advice and representation.
This type of accident is usually referred to as a "concertina" accident, and the exact sequence of events can be both rapid and complex. Therefore don't worry too much about the accusations of the driver ahead of you. Even the most half-baked solicitor will make mincemeat of her. Unless she has both eyes in the back of her head enabling her to see what you were doing, and x-ray vision to give her an unobstructed view of the car behind, then I think she will be a very unreliable witness.
If you do have to go to court then FIGHT FIGHT FIGHT and do not give up. Unless there is compelling evidence to the contrary then it is her word against yours. You should also make sure that the driver behind you is summoned as a witness, as she appears to support your version of events.
Good luck. |
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vampwithaheart
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usually you would claim off the car behind you, and the woman in front of you would claim off you.
Talk to your insurance company.
You can claim loss of earnings etc as a result of your injuries from the driver behind... through the insurances. |
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The original Peter G
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I can't see that the front driver can say with certainty what happened 2 cars behind her. In any case what do they gain? they will have their claim paid in any case. Usually the whole thing ends up with the rear driver unless there is good evidence otherwise. |
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Knownow't
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If you are being taken to court then get a solicitor....have you any witnesses that can back up what you are saying....it is very rare for the car in the middle to be taken to court....The injuries are a different matter and are pursued through a different court and can take years to sort out and that is generally done by the insurance company...your priority is the careless driving charge...are you sure it is going to court? If yes then as I said earlier get in touch with a solicitor. |
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welcome news
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This will take some time to sort out.
First of all re: police. I would certainly contact your insurance company and see if they wish to defend the case - which they may as it would reduce the amount they would pay out. Just remember that in the UK at the moment, the onus of proof of a criminal action (which is what you are being charged) is on the prosecution. I would defend your action - I suspect that the policeman is just looking for an easy conviction to meet targets and if you defend it then they'll probably drop it as at the end of the day it is one person's word against another.
Section 3 (for those who don't know) is:
Careless, and inconsiderate, driving:
If a person drives a motor vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence
If my memory serves me right then if you are convicted you get offence code CD10 and 2-5 points on your licence.
You can claim damages for injury and to the vehicle caused by the driver who rearended you. Have you legal expenses insurance? If so you should contact them as well.
I thought of asking the driver who bumped into you to make a statement but that would be of no help as he would not have seen what happened before he hit you. |
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jimdotedu
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You should have the opportunity to file a police report telling your version of the accident. Suggest you ask the police to take your report. If they will not, time to see a lawyer. |
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confucious says
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you have been charged because the police believe you hit the vehicle in front first and the vehicle then behind then hit you causing in fact two collisions. if this is indeed the case it is up to you to prove otherwise if you cannot prove this then your insurance company would have to pay out.
But the car behind you definitely rear ended you and the fault lies without a doubt with that driver for any damage caused to your car. but only for the rear end damage and not the front, this matter will be sorted out with the insurance companies and really in fact you will not have any say in the matter at all.
as for making a claim on this drivers insurance the problem here is ascertaning which accident caused you injuries, the one allegedly caused by you or the driver that ran into the back of you.IMO the insurance companies will probably say you are 50% to blame and you will recieve a calim that as been reduced accordingly.
In the case of the offence you have been charged with you will be fined approx £100 +costs of approx £45 and you will be given three points. unless you can prove other wise I would not bother pleading not guilty to what is in fact in reality a very trivial motoring offence. The reason I say this is because during the course of the trial it may be proved that you were sole cause of the accidents and then you would not get a claim settled at all by the insurance companies |
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MICHAEL A
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In cases like this it's always the car behind that gets the blame. Whether you are moving or not don't change the fact that you were too close to the car in front.
Therefore you will be done for shunting the car in front, and the lady that hit you will be blamed for that offence.
Road traffic regulations (Highway Code) states that you should always keep a safe distance to the vehicle in front. This obviously also applies when queueing up!
How many points you get on your licence is up to the court to decide.
I do hope your injuries heals soon. |
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UCANTCME
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Talk to your insurance company. |
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the orical
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you can claim of the insureance of the car that hit you from behind but the unfortunate thing is about it is the car you got shutted into can can claim of your insurance not the one that caused the accedent but you cant get points or a fine not unless your convicted of careless driving or with out due care |
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