What to do (car crash)

[Mach III]

Morning people,

So a week ago my friend was driving my car, I was in the passenger seat.

We were approaching a robot that was green, the robot changed to orange so we braked and stopped before the line. The robot turned red, the *witnesses on the other side of the robot were about to drive and then bang. A guy smashed into the back of us at what must have been over 100 writing off his new 1 series bmw.. and damaging the back of my 1996 bmw...

I took pictures of his car my car, number plates, got numbers. Got the witnesses number, they say they would've been dead if our car wasn't there cause the guy would've hit them. We reported the accident 30minutes later, the guy only went the next day...

Now my car is at the tow truck company, they say we must leave it there for the accessors, but they are making money off of keeping it there. The guy has gone to a lawyer and doesn't think its his fault.

My friend (the driver) is handling everything and went to his lawyer to sort everything out...

Any advice?

 

[reactor_sa]

Someone crashes into the back of you, 99% of the time it would be labeled their fault for not watching the road / speeding / not keeping a safe following distance, etc.

The insurance companies will usually battle it out. You shouldnt have anything to worry about.

 

[Mach III]

Someone crashes into the back of you, 99% of the time it would be labeled their fault for not watching the road / speeding / not keeping a safe following distance, etc.

The insurance companies will usually battle it out. You shouldnt have anything to worry about.

That's a badger right there, I don't have an insurance...

 

[Voicy]

That's a badger right there, I don't have an insurance...

He failed to maintain a safe following distance. He also failed to stop at a red traffic light. There's little he can contest.

Get your neck checked out due to the whiplash. I didn't have mine checked because I felt ok and 14 years later I still have back issues after a truck nailed us from behind at a traffic light.

 

[plosiguant]

Obviously he was not within safe following distance. The fact that it happened at a traffic light makes it even worse for him, there really is nothing he can do to contest it.

Technically, even if the traffic light was green, and you stopped, he still would not have a case.

Having said all that, you really need to get insurance.

 

[Mach III]

He failed to maintain a safe following distance. He also failed to stop at a red traffic light. There's little he can contest.

Get your neck checked out due to the whiplash. I didn't have mine checked because I felt ok and 14 years later I still have back issues after a truck nailed us from behind at a traffic light.

Yeah, my face was slightly numb, I knew it was my neck... The next day my neck was sore (felt like I had used the muscles for the first time that lasted 2 days) then my neck was stiff, and Today it feels perfect. Been stretching it the whole time... Should I go to a doctor, a chiropractor, or a physiotherapist?

 

[flarkit]

Just go to a doctor ASAP. And since there were 2 of you in the car as well as another witness, his lawyer has no argument IMO.

 

[intel8080]

You don't have insurance?!? WTF His insurance and private layers will tear you to mince meat Get a layer asap to reduce the damage before is too late. Guilty or not you are about to taste the unfairness of our court system. Welcome to the party.

 

[Mach III]

Yes I really need to get insurance, but I am studying and working, so I scrape the joy out by spending my money on other things... My medical aid does owe me a physiotherapist appointment so Ill take half a day off on Friday haha... And what should I do about the car being at the tow truck place, get it out or leave it there?

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[HavocXphere]

Doc asap. At the very least get some Xrays done. Neck injuries are one of those things you don't take chances with.

The other guy while take the blame for this no matter how many lawyers he carts to court. What your friends lawyer needs to sort out is if they can get the other guys insurance to fix your car. Since he is clearly at fault that should stick.

Technically, even if the traffic light was green, and you stopped, he still would not have a case.

No quite. If the guy at the back can prove that you braked for no reason then you're at fault. However that is difficult to prove & few people get random urges to brake hard for no reason so it never plays out like that in practice. Not applicable here though...orange traffic lights are a perfectly good reason to stop.

 

[Ancalagon]

I think the K53 method says you are supposed to slow down when you cross an intersection anyway.

Anyway, get insurance and get a doctor to check you out. X rays are a good idea. Also get insurance.

Your friend's lawyer should still clean up here though, its good that your friend is doing this. I imagine if it goes to court, your friend's lawyer will get his fees paid by the other party.

You know it still amazes me though, how people act after an accident. This guy was clearly at fault, yet he still protests innocence. Anything to get out of paying for damage. I mean, speeding plus not stopping at a robot. Case closed.

Is your car a write off?

Probably try to get it back, but check with your lawyer first in case the police need to check it something. You dont want to jeopardize your court case (if it comes to that) by not following proper procedure. I have no idea what proper procedure is.

 

[Mach III]

You don't have insurance?!? WTF His insurance and private layers will tear you to mince meat Get a layer asap to reduce the damage before is too late. Guilty or not you are about to taste the unfairness of our court system. Welcome to the party.

My friend is aware of that and has a lawyer (probably better than the guys lawyer), I'm pretty sure he knows exactly what to do, I am just looking for a better understanding for myself.

 

[Mach III]

Okay that all sounds excellent, the situation that I can imagine is him crying to his parents saying that it wasn't his fault, and they are paying for a lawyer to save their darling son... - That's my theory...

Glad my friend is doing everything right, you guys are freaking me out big time about my neck now
Thanks for the help!

 

[TheMightyP]

Go to the doctor about your neck. Then go see an MVA lawyer about a claim to the Road Accident Fund. They will cover your medical fees (and any potential ongoing fees).

 

[3Gee]

make sure that your friends car are is removed ASAP from the Tow Trucks yard , they are going to hit him with exhorbitant storage charges

 

[evovil]

I see you in Somerset... I ironically was also in a crash on the way to the beach when we were also rear-ended... Not really sure on what happened procedure wise as i was driving my girlfriends fathers car so he sorted it out, but the guy who hit us ended up paying for the five cars that were involved...

But make sure you get sorted for whiplash... I also thought i would be fine but two days later, i was completely immobile... couldnt move whatsoever

 

[reactor_sa]

That's a badger right there, I don't have an insurance...

I look down on those without insurance, especially the taxis - smash up other peoples rides, then disappear....

Insurance should be a requirement along with roadworthy certificate, its only fair. I've had to pay too many times for other peoples accidents.

 

[Mach III]

=TheMightyP;7097042]Go to the doctor about your neck. Then go see an MVA lawyer about a claim to the Road Accident Fund. They will cover your medical fees (and any potential ongoing fees).

MVA Lawyer - I'll look into that...

make sure that your friends car are is removed ASAP from the Tow Trucks yard , they are going to hit him with exhorbitant storage charges

Yeah I know, but the tow truck people said it will be the biggest mistake of our lives to remove it until everything is inspected (I don't know when that will be)...

I see you in Somerset... I ironically was also in a crash on the way to the beach when we were also rear-ended... Not really sure on what happened procedure wise as i was driving my girlfriends fathers car so he sorted it out, but the guy who hit us ended up paying for the five cars that were involved...

But make sure you get sorted for whiplash... I also thought i would be fine but two days later, i was completely immobile... couldnt move whatsoever

That's hectic, we were on the way to the beach as well...

I look down on those without insurance, especially the taxis - smash up other peoples rides, then disappear....

Insurance should be a requirement along with roadworthy certificate, its only fair. I've had to pay too many times for other peoples accidents.

Look down all you want, I'll definitely insure my Porsche one day haha...

 

[Venomous]

Go to the doctor about your neck. Then go see an MVA lawyer about a claim to the Road Accident Fund. They will cover your medical fees (and any potential ongoing fees).

This ^

It takes a while to get the money but as you were hit by a vehicle you can claim from them for a lot of stuff.

MVA lawyers normally don't ask for anything upfront, they take a cut of the final payout...

 

[intel8080]

What I find a bit questionable is, why did the police decided not to open a "reckless and/or negligent" driving against the other party??? Usually that's happening when there is not "prima facia" case! Can it be that you forgot to mention some details? Of course you don't have to tell us anything but this "non action" by the police,send a message to the civil courts! I agree with the other forumites - go see a doctor asap. You should have done that last week already! Why the delay? (the court would ask you that!)