Brother was rear ended (car crash) insurance claim it was his fault.

NVP

NVP

Soldato
Joined
6 Sep 2007
Posts
12,649
So my brother was on a dual carriageway on the way home from work when his car started stuttering and making ungodly noises from the engine, worried he braked pretty hard and fast..

I don't believe this to be the truth.
 
Associate
Joined
13 Sep 2013
Posts
203
Location
UK, North East
What was the slogan... Only a fool 'brakes' the 2 second rule. Something went wrong with the engine, does he have the mechanical (Garage) report to back his storey up. Proving the engine failed etc. Personally it is always best just to slow down with hazards on and pull over.

The van driver I would guess would be at fault from an insurance perspective but I can see where they are coming from..
 
Capodecina
Soldato
Joined
30 Jul 2006
Posts
12,129
An absolutely perfect story to illustrate the benefits of a dash cam (with sound recording to pick up the sound of stuttering and ungodly noises from the engine) . . . of course if your brother had had a rear facing dash cam as well that might have helped his version of the story.
 
Soldato
Joined
5 Apr 2009
Posts
24,858
I don't believe this to be the truth.
Reading it again, I also have suspicion the brother was perhaps engaged in a bit of brake checking gone wrong and has come up with a half arsed excuse for why he braked 'hard and fast' that the insurance just haven't bought.
 
Sgarrista
Commissario
Joined
9 Aug 2013
Posts
10,449
Location
Bromsgrove
Unless we can see the dash cam footage we wont be able to tell.

The fact the insurance company think it was intentional makes me think said brother was brake checking someone and it backfired spectacularly.

Who emergency brakes on a dual carriageway from speed? Nobody. Apart from scammers and brake checking *****. Hear a dodgy noise? You don't slam the breaks on you drop the clutch and pull/roll over to a stop.
 
Caporegime
Joined
26 Aug 2003
Posts
37,506
Location
Leafy Cheshire
Who emergency brakes on a dual carriageway from speed? Nobody. Apart from scammers and brake checking *****. Hear a dodgy noise? You don't slam the breaks on you drop the clutch and pull/roll over to a stop.

I have before. Granted it was for a deer that jumped out of the adjacent field. Fortunate that the road behind me was clear, but then any pretentious road-warrior camera footage would have shown the deer anyway.
 
Soldato
Joined
8 Jun 2013
Posts
4,372
So he braked hard and fast the other ran into the back of him, his fault then, i don't know why the presumption of anyone who drives in the back of the vehicle who braked hard is at fault 99% of the time that's just stupid.
no it's not, everything in the highway code stipulates you should be in control of the vehicle and able to stop w/out incident. if you're driving so close that you can't it's your fault. this is, of course, for normal driving and not including when, eg, someone might cut into your lane w/out warning and jam the anchors on.
obviously i can't comment on why the guy thought he needed to brake so hard rather than slowing and getting to the hard shoulder, or whether any investigation has corroborated the engine issues, but my view would be the transit driver shouldn't have been driving so close.
 
Soldato
Joined
7 Nov 2004
Posts
15,688
Location
East of England
Reading it again, I also have suspicion the brother was perhaps engaged in a bit of brake checking gone wrong and has come up with a half arsed excuse for why he braked 'hard and fast' that the insurance just haven't bought.

This. I think this is what happened.

Who emergency stops on a dual carriageway because their engine apparently starts stuttering? It sounds suspicious to say the least.

It's not as simple as "the van driver should have left more room". You simply cannot go emergency stopping on motorways/dual carriageways for no reason then claim the guy behind you was at fault when he couldn't stop.

It'd be interesting to see the dash cam footage from the van as insurance companies generally won't fight rear end collisions unless they've got some good evidence to do so.
 
Soldato
Joined
5 Apr 2009
Posts
24,858
I think given the van driver supplied the footage to his insurance company, it's safe to work on the assumption he was happy he was generally maintaining a safe distance and driving in a safe manner.

If I'd just rear ended someone because I was tailgating them, the last thing I'd do is send my own insurance video footage incriminating myself.
 
Soldato
Joined
13 Mar 2007
Posts
13,523
Location
South Yorkshire
Sounds more like brake checking, even if the engine died completely you would continue rolling to a safe spot or gradually slow down not suddenly slam the brakes on to come a 'fast and hard' stop.
 
Soldato
Joined
9 Jun 2005
Posts
13,962
I'd assume this will end up going 50/50 . Both at fault

Brother for stopping without checking his mirrors in a non emergency.

Van driver for not leaving stopping distance.

The van drivers insurance will be ecstatic !
 
Soldato
Joined
5 Apr 2009
Posts
24,858
I'd assume this will end up going 50/50 . Both at fault
Why would you assume this? The brother's insurance company have gone from advising him he'll certainly get compensation, to telling him they think he caused the crash on purpose on the basis of the third parties video evidence (reviewed by their internal fraud team judging by the OP).

Given this means they'd be accepting 100% liability for all costs, the evidence must be pretty damning, they wouldn't just cough up without a fight if there was a way to avoid paying out.
 
Back
Top Bottom