Position on rear impact accidents - blame

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Sitting at the traffic lights this morning my engine power cut. Next thing I know a woman in a Clio has smacked in to the back of me wrecking my rear bumper.
What's the position on this, surely default blame sits with her as she should have been paying attention to the fact that I hadn't moved.
 
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Yep, her fault - not paying due care and attention. If both of you have got any sense you'll sort this out without going through the insurers.
 
I would be happy to sort it out without insurance. unfortunately I'm not sure she thinks it's her fault. So I may, indeed, need to use the official channels.

Thanks for your input Canta - always appreciated.
 
She hit you up the asre, it’s her fault full stop; only chance of ever getting off is if she could prove you drove negligently or dangerously. There are gangs than stage rear end shunts for subsequent injury claims by cutting in & braking hard in front of you; it’s very difficult to prove what actually happened without witnesses or video evidence.
 
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In this instance there was no movement to facilitate cutting in or sharp braking. I simply hadn't moved due to engine cutting out (stupid stop/start system) and she drove in to me. When I looked in the mirror and saw her approaching she was busy talking to her passenger. I realise that this part is hard to prove but it was the cause.
 
So if you had been a child crossing the road, she would have driven right into you.

Careless driving, plain and simple. She should be deported :LOL: ;)
 
Its irrelevant what she was doing. Fault is with her as she drove in to the back of you.

If she's disputing fault, let the insurer deal with it.
 
she drove in to me.
There you go, what else do you need to know?
When I looked in the mirror and saw her approaching she was busy talking to her passenger. I realise that this part is hard to prove but it was the cause.
You don't have to prove anything, even if you did a emergency stop then her braking distance/reaction is wrong for not paying enough attention. It's simple, she hit you, full stop!

I wouldn't recommend not telling your insurance company, what if she's uninsured, banned, stolen car or not fit to drive etc.
 
I realise that this part is hard to prove but it was the cause.
You don’t have to prove anything weather you were stationary or otherwise, she drove into the back of you. If she gets arsy about it, tell her you’re going to report the accident to the Police (which you should have done anyway) & she could be done for driving without due care & attention.
 
WHIPLASH !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
I realise that this part is hard to prove but it was the cause.
You don’t have to prove anything weather you were stationary or otherwise, she drove into the back of you. If she gets arsy about it, tell her you’re going to report the accident to the Police (which you should have done anyway) & she could be done for driving without due care & attention.
Why report to police, no personal injury, details exchanged.
 
100% her fault, but,,,, insurance companies settle claims between themselves on a knock for knock basis. If you go down the insurance claim route, you may well be penalised on your no claims (even though the accident is no fault of your own). We all know no claims bonuses shouldn't be affected if your involved in a "not at fault " accident, but try telling the insurance company that. They'll use any excuse these days to bump up premiums. :cry: :cry:
 
If you go down the insurance claim route, you may well be penalised on your no claims (even though the accident is no fault of your own).

Unless you have 'Protected NCD'.
Might be worth checking to see if you have 'Legal Claims' cover also.
 
Thanks all for your replies. I am sceptical that the details supplied by her were genuine but I took her Reg No. just in case.
She knew her insurer was Swift Cover but didn't have policy details, so I have given her until 4pm today to supply detail before I look at reporting to police etc.
And, No I won't claim Whiplash or the like as I really don't like the Injurylawyers4u type parasites that are out there goading us to sue each other for anything and everything. She hit me at around 10mph and as far as impact goes I've been hit harder by my 2 year old son!
 
So if you had been a child crossing the road, she would have driven right into you.

Careless driving, plain and simple. She should be deported :LOL: ;)

Yes but if I was a child crossing the road... should I be in the middle of a crossing when the traffic lights are green? That would indicate stupidity on part of said child (or blame the parents for not teaching the old GCC. Stop! Look! Listen) on that, where is the shoddy green man style adverts these days?
 
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