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01-03-2015 21:02 #11
The Following User Says Thank You to Wise Enough For This Useful Post:
01-03-2015 21:11 #12
I work for an insurance company.
If you were already fully established in the lane when you came to a stop, it is the car at the rear's fault.
If the lady behind had hit your car first, and then the man at the back hit her, she would be liable for the damages to your vehicle and the front of hers. He would be liable for his damages and the rear of her car.
If he has "pushed" her into your car, he will be liable for all damages.
The insurance companies will review the damages and each party's version of events (and any witnesses) to determine liability.
The only time you may be held liable is if you had cut in front of the lady behind you. So therefore the damages would be to the right rear of your car and the left front of hers.
As your insurer can't act on your behalf because you only have TP.. Obtain a quote for repairs, call his insurance company and give them your version of events, witness details and find out where to send your repair quote.
The Following 11 Users Say Thank You to Nerak For This Useful Post:
01-03-2015 21:49 #13
I think the man would have been liable for all damages. I was in a similar accident years ago where I was car no. 2 who then got pushed into a semi trailer. The man that hit me ended up being liable for everyone.
The Following User Says Thank You to Night Owl For This Useful Post:
01-03-2015 21:53 #14
His rego ctp covers medical expenses and any long term medical damage . Start a claim now incase you need more physio etc. they pay for it for you
The Following User Says Thank You to happygirl1982 For This Useful Post:
01-03-2015 22:22 #15
I've been in a three car rear ender like this, I was the middle car and the rear car was liable for both my damage (it was a write off!) and the front car.
If the person behind you was able to stop for you I doubt what you did was dangerous/reckless enough to make it your fault? Pure speculation.. Wait and see what your insurer says before seeking further advice, because everything may be ok and then you've sought (potentially costly) advice for nothing.
The Following User Says Thank You to GM01 For This Useful Post:
02-03-2015 02:45 #16-
- Join Date
- Jul 2013
It is the rear cars fault. I was in an accident where i was the rear car and i was liable for all damages even though the guy in the front car was drunk. He was driving with no brake lights and the car behind him smashed into him pushing him into a main road and i bumped into ther rear car at about 5 kms per hour. I was liable for all damages. It sucks but my insurance covered it.
The Following User Says Thank You to Maxwell's Silver Hammer For This Useful Post:
02-03-2015 08:53 #17
The Following User Says Thank You to Moxy For This Useful Post:
02-03-2015 09:17 #18
I can't help you with the specifics of the accident BUT when I was 12, Mum and I were rear ended while stationary waiting to turn. I ended up with bad whiplash. Similar symptoms to you (from what I can remember anyway). Sore neck, sore back, the ambos put me in a neck brace and sent me to hospital. All the X-rays etc were clear because nothing was broken. Mum came in a few hours later once the shock had worn off, as while she was talking to the police her neck started to hurt as well. I ended up having twice weekly physio for the remainder of my school life (as the school bags etc exacerbated my neck injury). We had a solicitor to ensure we got medical pay out to cover all the physio costs etc. It was definitely worthwhile. We did have to do a lot of running around though. Our choice of orthopedic surgeon, their choice of orthopedic surgeon etc. They did try to discount our claim BUT because we had all the medical reports from the hospital/GP and physio etc, both Mum and I received a pay out around $40k. I would take yourself to the GP as soon as you can. I can't believe the hospital sent you away without scans! While nothing may show, they don't know that unless they see nothing on the X-ray!
The Following User Says Thank You to M'LadyEm For This Useful Post:
02-03-2015 10:09 #19
Thanks everyone… I am going to the dr today because the pain has worsened and I contacted a solicitor… I'm a bit bummed I'd just started lifting and running again and now I physically feel like poo and can't do either atm. I'm a super active person I spend a lot of time outdoors and I hate being inside so this sucks. Thanks for all the advice I was just worried he was going to try and claim I caused the accident to avoid the damage being completely his responsibility.
02-03-2015 10:31 #20
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