Today a lot of crashes 7 on one stretch of road due to ice, so who is responsible for the compennsation and loosing their no claims etc, the driver who went into the back of you, or all responsible for driving like numpties.

I just stayed in and listened tio the chaos on the radio.

Depends if they were driving like numpties or whether they were driving normally and had accidents because of black ice….

Surely if somebody runs into the back of you due to black ice it’s still their fault for not driving to the prevailing conditions of there potentially being black ice.

The driver who went into the back of you, as in any other circumstances?

…depends , too many factors for a straightforward answer. If you managed to drive safely despite the black ice and someone else did not then thats different to seven or eight vehicles all colliding due to the same piece of black ice despite all driving reasonably. Depends also on whether the black ice was random or a known area for such a problem (i.e. near fields that dont drain well etc)and someone has failed in their duty. The could be many other factors in addition that could be site specific and/or the nature of the collisions.

If you crash into the back of another car it’s your fault, regardless of the road or weather conditions. If you are pushed into the back of another car it’s the fault of the person that crashed into your car. The problem in multiple car accidents comes when proving who hit whom and/or who pushed who into whom. You can get into all sorts of hassle when drivers and their insurers dispute who’s at fault in the claim.
The most important thing in such accidents/claims is to secure witnesses.

I had the displeasure of being involved in a 3 car pile-up a few Christmases ago. I was driving the (stationary) middle car and was pushed into the (stationary) car in-front. The driver that pushed me into the car in-front told the police and her insurer that I hit the car in-front before she hit me so my insurance company then took the view that I was at fault too. It wasn’t until the driver of the first car was contacted (after Christmas) and told them what I’d told them that her insurance company took responsibility. The most stressful Christmas I’ve had, so far, followed by physio for bi-directional whiplash that my Mrs and I still suffer from and the near-endless hassle of the compensation process. I wouldn’t wish it on anyone, at any time of the year.

willej – Member
If you crash into the back of another car it’s your fault, regardless of the road or weather conditions.

…not always and depends on the facts of the case.

I can however sympathise with your previous problem and note its not uncommon for the last car in a concertina to say a collsiion had already taken place prior to them being involved even if they know it hadnt.

…not always and depends on the facts of the case.

Can you give an example of that? Cos I’m struggling to think of one.

OK..in a nutshell and from actual events.

car leaves carriageway on a bend due to black ice. Another vehicle leaves the carriageway at the same point and hits the first car causing driver injury. Proceedings issued against driver of second car as he ’caused’ the injury and he argues that he is not negligent as he was driving in a reasonable manner(which he was , as was the first car) and then adds the council as a 2nd defendant. At trial the court finds council at fault.

What I am trying to say is that sometimes there are other factors that come into play and that drivers can drive reasonably (and not like numpties)and collisions occur. Its use of words like ‘regardless’ which concern me. In the majority of cases possibly but regardless of any other reason….

Example from me:

I was driving on a dual carraigeway which had a access from a side road in the centre. As I approached this 2 vehicles pulled out, one into the left hand lane one into the right hand lane, as they pulled out they were moving more slowly, I was travelling at speed as I was on a dual carriageway (not excessive speed either) but there was no chance I could stop as I was literally right on top of them when they pulled out, so I went into the back of the car in my lane – the claim took a while to resolve but I eventually got the money to repair my car.

Interestingly some barriers that hadn’t helped and obscured the view of the road from the side road disappeared shortly after.

Describing it in writitng doesn’t really make it clear to understand, but hopefully it’ll help 🙂

from day one as a learner it is made clear it is your responsibility to ensure that the gap between you and the car infront is sufficient for you to be able to stop. If you hit a car in front you are at fault.

(not excessive speed either) but there was no chance I could stop

So, you admit that you where going too fast for the prevailing conditions 🙄

He doesnt mention conditions.

I think he is referring to having his braking distance reduced by the vehicle pulling out and then driving slowly despite him driving in a normal manner at a reasonable speed on a dual carriageway (leaving a collsion unavoidable). Unless I have misunderstood him.

The law states that if travelling has been advised against unless absolutely necessary and there is some form of collision both drivers or all party’s involved will receive no pay out as it is known not to be safe.

Also the damage is stil recordeed and used the next time the insurance is set up.

Does it really state that?
Does that include bodyboarding too? 🙂

The law states that if travelling has been advised against unless absolutely necessary and there is some form of collision both drivers or all party’s involved will receive no pay out as it is known not to be safe.

1. Please provide proof of this.
2. Advised not to drive unless absolutely necessary… now that phrase doesn’t really mean anything. What I consider necessary and you do may not be the same thing. e.g. it is necessary for me to get to work? what if I am a doctor or police officer? is it necessary for me to take the kids to school (I walk them, but assuming that was not practical)? I’d have thought no – but the Department for Education says this is an “Essential Journey”. If the road is known to be unsafe then the road may be closed (as the police do when badly flooded, or closing snow gates etc).
3. Is there an “internet forum law” (like Godwin’s law) which means that all posts starting “the law states” or “it is illegal to” are usually made up? If not can I claim this as Poly’s Law?

If you crash into the back of another car it’s your fault, regardless of the road or weather conditions.

Where do you stand if for example on the motorway someone pulls out in front of you in an unsafe gap and slams on their brakes. It isnt your fault that your braking gap has been reduced and surely it is this vehicles fault who has pulled into an unsafe gap. Usually it is done by drivers who suddenly decide they want to be off at a junction and need to get from the outside lane to the slip road in 100m.