How can I be to blame after rear-ended?
I have an accident claim from what I thought was a simple case of the other person being to blame. However, I have received a letter from my solicitor saying the guy who hit me is blaming me for the accident. I was approaching a junction and as it was not clear for me to pull into the road I stopped at the give way line. I got rear ended by a car and came off injuring my neck, shoulder and knee. He says it looked like I was going to continue into the road so he followed me but that I suddenly braked. How is this my fault? I would be very grateful for any help you can give me.
James Barnsley, by e-mail
Answer
Please don’t worry as this is not your fault. Only vary 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 bit 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 if you pulled out of the junction, realised it was not clear and reversed into his car. Then it would be your fault. I expect he is just trying it on to avoid any insurance costs so I suggest you pursue this.
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