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Rear ended and then hit car in front.

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  • 08-03-2016 12:08pm
    #1
    Registered Users Posts: 206 ✭✭


    Hi all,

    I was driving to work today and came to road works. Car in front was stopped and I stopped maybe a meter or so behind him. Then I get rear ended by car behind me which sends me flying forward and into the back of car in front. Damage to car in front is minimal...just edge of bumber. My car has a little in front but my rear is in a pretty bad way, exhaust down and dragging along but car is still operational. Car behind is in a very bad way, most likely written off.

    What I want to know is am I liable for the car in front of me even though I was completely stopped? I'm wondering this as even though I have never had a claim my insurance is very high and I really don't want to have to involve my insurance.

    Anyone know?


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Comments

  • Registered Users Posts: 14,906 ✭✭✭✭CJhaughey


    jamesf85 wrote: »
    Hi all,

    I was driving to work today and came to road works. Car in front was stopped and I stopped maybe a meter or so behind him. Then I get rear ended by car behind me which sends me flying forward and into the back of car in front. Damage to car in front is minimal...just edge of bumber. My car has a little in front but my rear is in a pretty bad way, exhaust down and dragging along but car is still operational. Car behind is in a very bad way, most likely written off.

    What I want to know is am I liable for the car in front of me even though I was completely stopped? I'm wondering this as even though I have never had a claim my insurance is very high and I really don't want to have to involve my insurance.

    Anyone know?

    It cascades back to the original car that caused it but the guy in front claims off you, and you claim off the car that crashed into you.


  • Registered Users Posts: 1,509 ✭✭✭Donnelly117


    CJhaughey wrote: »
    It cascades back to the original car that caused it but the guy in front claims off you, and you claim off the car that crashed into you.
    Does that effect the OPs no claims? Be kind of **** if it did... :(


  • Registered Users Posts: 206 ✭✭jamesf85


    Thanks for the response, I really appreciate it. Can I pay this myself or do I have to do it through my insurance? I'd prefer to pay myself than involve insurance at all.


  • Registered Users Posts: 858 ✭✭✭goldenhoarde


    You can I guess but remember the driver of the car in front may want to claim personal injuries.

    Also the year/age of the car may determine whether you pay or not? a new bumper for a newish car could be very expensive.

    In short yes if the other party agrees but the general advice is still to inform your insurance company if you do just in case they come back with a personal claim.


  • Closed Accounts Posts: 2,679 ✭✭✭hidinginthebush


    Exact same thing happend to my brother in law. He was responsible for the car in front in the eyes of the insurance companies. Nothing he could do about it and lost his no claims in the process.

    He hand't his handbrake on at the time so their view was he wasn't in full control of the vehicle / should have had the brake applied while at a stop. So maybe have a look into that OP.


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  • Closed Accounts Posts: 1,660 ✭✭✭armaghlad


    Hopefully the person in front is not a cnut about things. Try and get it all sorted without involving insurance, if the damage to your car and the car in front is minimal. Explain to the guy in front that you'll lose your no claims and hopefully he'll be sound about it.


  • Closed Accounts Posts: 14,846 ✭✭✭✭Liam McPoyle


    This is what's known as a concertina collision and the driver that hit you is at fault so it will go through his insurance.

    For the sake of full disclosure you should ring your own insurance company and tell them what happened.


  • Registered Users Posts: 7,025 ✭✭✭volchitsa


    Does that effect the OPs no claims? Be kind of **** if it did... :(

    Unfortunately yes it usually does, afaiaa. You're meant to be in control of your car at all times, i.e. stopped in a controlled fashion and far enough from the car in front so this doesn't happen. Even though in reality its almost impossible to entirely prevent this sort of incident, that's the Highway Code/insurance company theory all the same. (Happened to a friend of mine in a multi-car pile up on the M25 in England some years back. No serious injuries luckily, but an insurance nightmare for her.)


  • Registered Users Posts: 206 ✭✭jamesf85


    He hand't his handbrake on at the time so their view was he wasn't in full control of the vehicle / should have had the brake applied while at a stop. So maybe have a look into that OP.

    This is what I was afraid of...my handbrake was up and I was at a complete stop. I'm under the impression that if you rear end someone then it is always your fault. Although I don't know how I could have avoided this.

    A good friend of mine was in an accident a year ago where they rear ended someone. What amounted to no more than a scratch and not even a dent on the bumper ended up costing them their no claims and their insurance tripled. So I would like to keep this away from insurance if at all possible.


  • Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,695 Mod ✭✭✭✭Tabnabs


    I have direct experience of this. The guy who caused the accident is the one who's insurance company pays out to all involved. Best get all his details and inform your insurance company also.


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  • Closed Accounts Posts: 1,660 ✭✭✭armaghlad


    If you're willing to take the risk avoid telling your insurance company! Car insurance is a racket and you'll be only putting yourself in the firing line for an increased premium as well as losing your ncb. If one of the other two wants to go through insurance then you're very unlucky.


  • Registered Users Posts: 7,025 ✭✭✭volchitsa


    The guy who caused the initial crash will pay the costs I agree, but can anyone with direct experience confirm that a car involved in the ensuing "chain" of accidents, like the OP, won't end up losing some of his no claims bonus?

    I don't have direct experience, but my understanding from my friend's accident some years ago was that it did cost her something, and I seem to remember that it was about shared responsibility.

    But as I say this is only from a rather vague memory and the rules may have changed since then anyway. It would be nice to know for sure.


  • Registered Users Posts: 206 ✭✭jamesf85


    armaghlad wrote: »
    If you're willing to take the risk avoid telling your insurance company! Car insurance is a racket and you'll be only putting yourself in the firing line for an increased premium as well as losing your ncb. If one of the other two wants to go through insurance then you're very unlucky.

    Is there any way that if the car behind goes through their insurance that I can still avoid mine?

    As mentioned above I'm opening myself up to the possibility of losing my no claims bonus and also getting a higher premium.


  • Closed Accounts Posts: 1,660 ✭✭✭armaghlad


    jamesf85 wrote: »
    Is there any way that if the car behind goes through their insurance that I can still avoid mine?

    As mentioned above I'm opening myself up to the possibility of losing my no claims bonus and also getting a higher premium.
    No, if they go through insurance then their company will contact yours. If he signals his intent to do so, you should tell your insurance company right away.

    If all three of you agree to not to go through insurance, then don't mention it. I was involved in a fender bender (entirely my fault); I accepted responsibility and offered to pay cash for repairs which the other person accepted. She left her car in and I took her at her word on the cost and dropped 100 quid cash off at the mechanics.


  • Registered Users Posts: 5,911 ✭✭✭kirving


    You should inform your insurance company. You won't lose your no claims bonus as the car behind is at fault for the damage to all three cars.

    Not being in full control of the car is rubbish. My car can be driven with the handbrake on, as can many cars, it's only to prevent the car from rolling away and cannot prevent your car from moving if it is hit hard enough.

    Depending on how the insurance companies want to handle the claim however, it may be the case that the driver in car 1 claims off car 2's insurance, and car 2 claims off car 3 for the damage to both. This will be decided by the insurance companies depending on if one insurer covers 2 of the 3 cars maybe, or on how fast the claim will be sorted on all sides. Either way, inform your insurance company and let them handle it, it's what you pay them for.


  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    This is what's known as a concertina collision and the driver that hit you is at fault so it will go through his insurance.

    For the sake of full disclosure you should ring your own insurance company and tell them what happened.

    Take this. Best advice given


  • Closed Accounts Posts: 2,297 ✭✭✭savagethegoat


    you should tell your Insurance Company right away and let them deal with it, it's why you have Insurance. Even if you pay it yourself, it can still come back to bite you as it is still a claim that will need declaring.


  • Registered Users Posts: 9,930 ✭✭✭dodzy


    jamesf85 wrote: »
    This is what I was afraid of...my handbrake was up and I was at a complete stop. I'm under the impression that if you rear end someone then it is always your fault. Although I don't know how I could have avoided this.

    Unavoidable in this situation. Same happened to me a few years ago. It's the car driver at the back who is liable for you and the person you hit. Your insurance will not be affected.

    In my situation, I got contact details of other 2 parties and insurance details from rear offender. In fairness, her insurance company were onto me before I rang them. You'll be grand. Zero cost to you, apart from the inconvenience


  • Registered Users Posts: 206 ✭✭jamesf85


    Thank you all for the advice,

    I spoke to the person who rear ended me just there. She told me to call her insurance company and gave me a reference no. I called and they told me to bring my car to their authorized garage for assessment and repair. They said she has taken full liability for the entire accident. They took all my details and my account of the accident but never asked for my insurance details. I told them I wanted to make this as cheap for her as possible but they told me taking it to their mechaic was the best route.

    I've never been in an accident before but I would have assumed that it would have been cheaper for her if I had brought it to a local mechanic.


  • Registered Users Posts: 81,223 ✭✭✭✭biko


    For a complex case like this it's always best to go through the insurance companies rather than sorting things off the books.


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  • Closed Accounts Posts: 14,846 ✭✭✭✭Liam McPoyle


    jamesf85 wrote: »
    Thank you all for the advice,

    I spoke to the person who rear ended me just there. She told me to call her insurance company and gave me a reference no. I called and they told me to bring my car to their authorized garage for assessment and repair. They said she has taken full liability for the entire accident. They took all my details and my account of the accident but never asked for my insurance details. I told them I wanted to make this as cheap for her as possible but they told me taking it to their mechaic was the best route.

    I've never been in an accident before but I would have assumed that it would have been cheaper for her if I had brought it to a local mechanic.

    Insurers have their own network of garages they use.

    That way they garauntee that the work will be done to the correct standard and they aren't going to get rode by a mechanic / panel beater inflating the costs.

    If you havnt rang your insurance company you should do so and give them the reference number the other person gave you.


  • Registered Users Posts: 2,594 ✭✭✭emeldc


    jamesf85 wrote: »
    Thank you all for the advice,

    I spoke to the person who rear ended me just there. She told me to call her insurance company and gave me a reference no. I called and they told me to bring my car to their authorized garage for assessment and repair. They said she has taken full liability for the entire accident. They took all my details and my account of the accident but never asked for my insurance details. I told them I wanted to make this as cheap for her as possible but they told me taking it to their mechaic was the best route.

    I've never been in an accident before but I would have assumed that it would have been cheaper for her if I had brought it to a local mechanic.

    Why are you trying to complicate this? Just let the insurance of the person behind deal with it. You did nothing wrong. You wont have to pay anything and it wont affect your bonus as you were not to blame. It might affect your bonus if liability is not sorted by the time of your renewal so don't screw around with it. You've nothing to gain.


  • Registered Users Posts: 206 ✭✭jamesf85


    Thanks again,

    I wasn't trying to complicate it, it was a young driver that hit me and I can imagine she is already paying enough for insurance. I didn't want to take her to the cleaners.

    My insurance has gone up and up despite never having a claim so I would have liked to have made sure as to keep it away from them.


  • Registered Users Posts: 241 ✭✭Stephenc66


    jamesf85 wrote: »
    Thank you all for the advice,

    I spoke to the person who rear ended me just there. She told me to call her insurance company and gave me a reference no. I called and they told me to bring my car to their authorized garage for assessment and repair. They said she has taken full liability for the entire accident. They took all my details and my account of the accident but never asked for my insurance details. I told them I wanted to make this as cheap for her as possible but they told me taking it to their mechaic was the best route.

    I've never been in an accident before but I would have assumed that it would have been cheaper for her if I had brought it to a local mechanic.

    Did they say how they would deal with the car that you were knocked into have you anymore to do with it?


  • Registered Users Posts: 2,594 ✭✭✭emeldc


    jamesf85 wrote: »
    Thanks again,

    I wasn't trying to complicate it, it was a young driver that hit me and I can imagine she is already paying enough for insurance. I didn't want to take her to the cleaners.

    My insurance has gone up and up despite never having a claim so I would have liked to have made sure as to keep it away from them.

    Fair enough, I see where you're coming from. With any luck the claim wont be too high and will only result in a loss of bonus for her. If she's a young driver she might not have much of a bonus to lose. Did you get an estimate on your own car yet.


  • Registered Users Posts: 206 ✭✭jamesf85


    It's all being taken care of through her insurance. I haven't heard anything from the person that I hit in to, although person dealing with the claim from her insurance said she's taking full liability for the accident. I left my car in to a garage and I haven't heard anything since, they said it could be up to 48 hours.

    I have contacted my insurance to let them know I was involved in an accident but that I wasn't making a claim, they didn't ask for any details. Her insurance haven't asked for my insurance details either which I found strange, could it all be just dealt with through hers without ever involving mine?


  • Registered Users Posts: 2,594 ✭✭✭emeldc


    jamesf85 wrote: »
    It's all being taken care of through her insurance. I haven't heard anything from the person that I hit in to, although person dealing with the claim from her insurance said she's taking full liability for the accident. I left my car in to a garage and I haven't heard anything since, they said it could be up to 48 hours.

    I have contacted my insurance to let them know I was involved in an accident but that I wasn't making a claim, they didn't ask for any details. Her insurance haven't asked for my insurance details either which I found strange, could it all be just dealt with through hers without ever involving mine?

    You'll get an accident report form to fill out from your own insurance co in the coming days. You can go into greater detail then . The insurance co's will then sort it out between them.
    Were the Guards called by the way.


  • Registered Users Posts: 19 AlphaMull


    Driver 1 here. Ain't boards a small world!

    I got a call from Driver 3's insurance company within a half hour of the collision. She had already admitted liability.

    So, they had no interest in my insurance details either. My claim is being handled directly by her insurance. I have no need to make a claim from the OP so his NCB should not be impacted at all.

    All they wanted was for me to confirm was the OP stopped at the time of the collision. I confirmed he was so that should be that and they won't care about OPs insurance either.

    That said...OP you need to be very careful on the road. I see you have a second thread where you did rear end another car and you came very close to it again today. The original post and comments about having handbrake on are disingenuous to say the least. You had to emergency stop to avoid hitting me and ended up at an angle across the road. But at the end of the day, you did stop in time. The following car was not so lucky.

    The tax on your car is 16 months out of date, Your NCT is a year out of date and you had no insurance disk showing. If the Guards had been called at the very least you would have had your car impounded and would probably be looking at a court appearance not withstanding who was at fault for the collision.

    Not trying to have a pop at you but you just about dodged a bullet today.


  • Closed Accounts Posts: 17,388 ✭✭✭✭Jayop


    :pac: This could be the best thread in boards history.


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  • Registered Users Posts: 880 ✭✭✭seamusk84


    jamesf85 wrote: »
    Hi all,

    I was driving to work today and came to road works. Car in front was stopped and I stopped maybe a meter or so behind him. Then I get rear ended by car behind me which sends me flying forward and into the back of car in front. Damage to car in front is minimal...just edge of bumber. My car has a little in front but my rear is in a pretty bad way, exhaust down and dragging along but car is still operational. Car behind is in a very bad way, most likely written off.

    What I want to know is am I liable for the car in front of me even though I was completely stopped? I'm wondering this as even though I have never had a claim my insurance is very high and I really don't want to have to involve my insurance.

    Anyone know?

    Happened to me last year mate. Exact same circumstance. As you were stationary you are not at fault at all. The car behind will have to cover both you and the car you were pushed into.

    I can tell you this for a fact from experience.


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