Tailgating and the Law (UK)?

Question

Today I was driving with my 8 month old baby in the car when I was hit really hard from behind by a white Transit van.

I was so shocked and trying to check my baby was alright - the idiot in the transit came running over shakng his head and going on about "you turned at the last minute, I had no chance of stopping that was all your fault - do you admit it, do you admit it?"

I felt so shocked and intimidated I rang my other half (who worked nearby) to come out and see me and speak to this man, who was desperately trying to force me to admit that I had "turned at the last minute" thereby "causing" him to hit me.

For one thing I didn't turn at the last minute. For another, even if I had done so, if he had been driving at a sensible distance he would not have hit me!

I phoned the company he worked for who were also unhelpful but gave me their insurance.

What is the law about this? My car is totalled as is a pushchair that was in the boot and my baby and I are pretty shocked

I've got a nasty bump to the head and am still pretty shaky but nothing serious. (so far!). My baby was quite shocked at first but the hospital aren't keeping him in, he seems ok now just grizzly, we've been told to keep an eye on him.

I feel it was really unfair of him to try and bully me into admitting liability as I was in shock and worried about my baby at the time. Plus the company were really rude to me and just said "well he says it was your fault and we beleive him so we'll be claiming from you"!!! How can they claim from me when HE hit me up the behind?!?!?

Well looks like I now have whiplash (neck shooulders and back are stiff and painful) So I'm going to the Drs this morning and will be now adding personal injury to my claim against this white van man idiot and his employers.

I'm very angry and also worried my baby may have whiplash too (going to ask Docs to check him out).

Answer 1

First of all sorry to hear about your collision, and I hope both you and your baby are ok.

The vast majority of collisions involve human error. Just from what you are saying and without any other information I would say that the van driver is at fault. He clearly was not keeping sufficient distance from you. His excuse of you turning at the last minute is pretty lame. Because even if you did he should have been sufficiently far enough back to manoeuvre around you or stop safely. What if you had carried out an emergency stop due to a dog or child running in the road. More than likely the van driver would have hit you.

Its all too common for vehicles to drive too close to the vehicle in front.

Let your insurance company deal with the claim. I'm sure it will be sorted in your favour. You should also be able to claim for your damaged pushchair. Make an appointment to see your GP and take some photo's of any injuries. You may find in the morning that you start to stiffen up as a result of whiplash.

As you were injured this also needs reporting to the police within 24 hours of the collision. Take your documents to your local police station in the morning and they will complete an accident report regarding the collision.

I would suggest from what you are saying neither of you will be prosecuted. Yes the driver of the van may be at fault but most accidents involve blame. Only the worst offenders are prosecuted for offences such as driving without due care and attention and dangerous driving.

Good luck

Answer 2

Tailgating Law Uk

Answer 3

Never admit liability for anything, even if you think you are at fault, which doesn't apply to you anyway.

The Transit van driver has got it all to do.

Tailgating without an accident in itself can constitute an offence.

If you feel suitabley aggreived don't leave it all to your insurance company, they will only handle the damage to the car etc. You can make a complaint of driving without due care and attention to the police and see if there is enough for a prosecution of white van man on that, it might mean you having to stand up and give evidence in court though.

If it is a damage only accident and driver and insurance details have been exchanged there is no need to report the accident itself to the police.

Answer 4

Even if you did turn at the last minute, it is HIS fault, that is why he was so angry. The person who is driving behind is responsible for leaving enough space in front of him to stop without hitting you. What if a child had run into the road in front of you? You would have slammed on the brakes and the driver behind should therefore leave enough space at all times. The driver behind you is ALWAYS responsible in a crunch. His insurance will have to pay for damage to your car.

There are a couple of things you may not have thought of, concerning the driver of the van. (1) For all you know, he already has points on his licence or was driving illegally or maybe this is his third accident this year and he was already under a warning from his boss. In other words, he may have very good reasons for getting angry and trying to get you to admit liability for an accident that was actually HIS fault. Just bear that in mind and dont let him bully you. (2) Dont take any notice of what the driver's employer said to you on the phone. For one thing, it is their duty to back up their employee in front of you. What they say to him in private after they put the phone down, may be different, but you will never know. For another thing, the person you spoke to on the phone may have been a friend of his or even the driver himself! I know someone who drives for a living and when a customer has a complaint he tells them to ring his boss, but it is really his own phone number that he gives them. So when the customer rings up, he answers the phone himself and PRETENDS to be his own boss, and the customer never knows any different. So what I am saying to you is, believe nothing that the driver or his company tells you. Dont let this incident "get to you".

Answer 5

Go to A&E today, get a medical done.I had a guy drive into me and my husband 4 weeks after I'd undergone a bi-lateral mastectomy.He had been talking on his mobile when he failed to stop behind us at traffic lights.I rang the police straight away.I had internal bleeding as the seat belt had cut into me.I was on my way to hospital for a check up at the time, so my nurse told me to get to A&E.I had an insurance pay out of £6,000 as a result.It took ages to come through though.
This driver that went into you sounds like a professional driver, and he might have done this before (getting the other person to admit liability).
I hope you and the baby will be okay.I really think you should go and get checked out, and not just for the money, your health and the babies is so important.

Answer 6

First of all you are definitely NOT to blame, the other driver is, it's classed as "Driving Without Due Care and Attention". As you state, he was so close behind you he probably didn't even see youi indicate. If he was driving in the correct manner he would have noticed in time. I would give the company's insurance details to your insurance company and claim for the damage to your car and the puschair which was damaged. Leave to the insurance companies to fight it out, but I'm sure you'll come off victorious. This happened to me once and I was informed by a police officer that the other driver was diefinitely to blame. The same will apply to you.

Sorry to hear of your nasty experience, hope you and your baby are ok physically, take time out for yourselves as you've had a shock.

Answer 7

It wouldn't have mattered if you had done a loop-the-loop before he hit you. All drivers are required to drive at a distance from the vehicle in front which enables them to stop in the distance available. If he hit you it was because he either hadn't left enough space or he wasn't paying enough attention. Either way I would imagine that he was "driving without due care and attention". If it is a serious incident then the police may prosecute him, but you will need to ensure that you have the details of witnesses.
I was once in a similar accident (I was doing 40, he was doing 80 (BMW driver!) and the accident was judged as being entirely the other party's fault although he wasn't prosecuted. I was injured and my lovely one month old Golf was written off (the repairs would have been about £9k).
At least you have his details - I wouldn't have thought you will have too many worries getting it sorted. Be thankful you're both ok!

Answer 8

I am sure you and your baby will be fine.
Basically the law is that if you get hit from behind then its the other persons fault. It is their responsability to keep enough distance in beween them and you to react to emergency breaking or any eventuality, such as late signalling for a turning or anything. Not that you were late or anything but thats why they must keep a sensible distance, to prevent what happend to you.
You cannot change the distance from yourself and the car behind you, you are only responsable for keeping your distance from the car in front.
Never admit fault at the scene of an accident (cardinal rule), he knew he was wrong and he obviously thought getting you to admit it was your fault and would get him off the hook.
It was completely his fault, the law is totally on your side and his insurance premiums are about to go up.
Dont worry. You could also get him for threatening behaviour if you want to. Just call the police.

Answer 9

It is the duty of any driver to drive in such a way that he/she can stop and not hit the driver in front should he/she stop for any reason or no reason at all.

You have the insurance details the Company was being sensible in not commenting let your insurance sort the matter out. report it to the police if you suffred any personal injury. I would suggest that this clown was not paing attention and even perhaps on his moblie 'phone

There is usually no defence a driver can give if he runs into the back of you

Answer 10

You can be driving in a completely wrong manner ie doing 60 MPH and you just put your brakes on and without any warning.
And if somebody runs into your rear it is their fault , travelling to close, so dont worry about who is at fault.

however because personal injury is involved you are required by law to report it to the police within 24 HOURS or you yourself are commiting an offence . A telephone call will suffice to do this, get it done or you may recieve a summons.