My car rear ended hit car in front . Rear car admitted fault Now 1st car said i hit her first I charged Sec 3?

Question

I was involved in 3 vehicle accident My car was rear ended and shunted into vehicle in front which was stopped in traffic queue. I was stopped or almost stopped at time . Driver at reat said sorry her foot slipped. I was taken to hospital - whiplash etc. Police said first driver said I hit her first. then hit her again when shunted forward. Also cos front of car was badly damaged must be my fault. I disagree but was charged with Sec 3 RTA. My car was a write off. Keep going over accident in my mind but still know I was stopped at time. Whats my position . Do I get points on license Can I claim rear driver for injuries to hip neck etc. Someone please help.

Answer 1

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.

Answer 2

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

Answer 3

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.

Answer 4

STOP and listen to me! I went through the same exact thing you went through and at the end of everything nobody wanted to take fault for the accident! I was driving my mothers car and I didn't know I was expelled from her insurance so in other words I wasn't allowed to drive the vehicle and even that wasn't an issue! What you NEED to do ASAP is get an attorney! Right after vehicle1 admitted to rear ending me I went out and got a statement! Get any
witnesses that will have your side and call a lawyer and explain the whole situation! Take pictures of your vehicle ! And if there was a police statement take that in to the lawyer as well! The attorney will tell you were your case stands! Screw that you better fight! If I would've left things alone I would've never got my moms 2014 car payed! I got that done and even my medical bills played and now I'm fighting my part ! Don't let this get out of your hands! I know its stressful but get it done ! If you have any questions ask me!

Answer 5

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.

Answer 6

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.

Answer 7

Doesn't matter how old the car was on when the accident happened. If you are not happy then get an independant company to assess the damage (you will have to pay for this). As for repair i take it the car has gone to a repair shop so the damage can be assessed and quotes have been given to the extent of the damage and the cost of repair. A new car will only be replaced/money offered if the damage affects the structure of the car and cannot be repaired to the current standards required for it to be safe and legal on the road. My brother wrote a brand new toyota off a few years back it was only 12 hours old. The damage was so severe ie wishbone/engine/bonnet/ wing/door/chassis twisted etc... (side impact at 60mph) it was replaced but he had to wait 12 weeks for the replacement direct from the factory but he was told if the chassis had not of twisted it would of been repaired. So it depends on the actual damage as it can look worse than it actually is as to weather it gets repaired or replaced.

Answer 8

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

Answer 9

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.

Answer 10

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.