Driver hit me from behind

I have a claim relating to an accident when I was hit off my bike from behind. I thought it was simple but I have received an e-mail from my lawyer telling me the lady who hit me is blaming me! I was approaching a roundabout and as it was not safe for me to join it I stopped to wait until it was safe. I got rear ended by a car and came off injuring my hands, neck and groin. The car driver is saying it looked like I was going to continue onto the roundabout so she followed me but that I suddenly stopped. I would be grateful if you could tell me how this can possibly be my fault?!

Rich Popple, by e-mail

Answer

Please don’t worry as this is not your fault. Only very rarely will a victim of a rear end collision be held to be blameworthy. This is not a case where you should consider any reduction to your compensation either by way of contributory negligence which is a Claimant’s part of the blame for an accident; or litigation risk which is a discount reflecting the general risk of litigation. The other driver is 100% at fault. It would be different had you for example pulled out of a junction, realised it was not clear and paddled back into a car behind. Then it would be your fault. I expect she is just trying it on so I suggest you pursue this.