I have a claim resulting from what I thought was as straightforward an accident as you could imagine! But I have received a letter from my solicitor saying the guy who hit me is alleging I was to blame. This is what happened. I approached 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 and shoulder, luckily not too serious. He is saying he thought I was going for it so he followed me but that I suddenly changed my mind causing him to go into the back of me. How is this possibly my fault? I have read a column of yours in the past that talked about litigation risk but surely this is not such a case, is it?
Put simply it 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 (your bit of the blame for the accident) or litigation risk (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 him. Then it would be your fault. I expect he is just trying it on so pursue 100%.