Am I at fault in motorway collision?

  • Chewedapples's Avatar
    Hi, I'm hoping for some advice on a recent car accident on the motorway.

    I was driving at around 60mph due to the wet weather conditions, whilst in the middle lane a car overtook me doing well over 70mph. About 30 seconds later, whilst now in the right lane and going around a slight bend, I suddenly see debris in the road and start to brake. As I get closer I then see that there is a car stopped in the right lane and a coach stopped in the middle lane, I continue to brake harder but due to the wet weather conditions, debris in the road and the sudden stop (no hazards from either), I crash in to the back of the car in the right lane at, what I would estimate, about 20-30mph. This is of course the car that just sped past me. The coach had stopped in the middle lane as I assume he had seen this happen, but unfortunately this meant I couldn't swerve out of the way either.

    No major injuries to either party thankfully, however after speaking with the driver he says that he aquaplaned, lost control and span out, hit the central resevation with the front left of the car and did a full 360, ending up halfway on the gravel in the central area and halfway in the right lane. He admitted fault and apologised several times at the scene, including infront of the police. The coach driver called the police but didn't stick around to obtain the contact details for a witness, I'm currently chasing this up.
    My insurance have advised that regardless of the speed, lack of visibility, debris in the road, other driver speeding (no evidence of this) or him crashing, I am still at fault for going in to the back of him.

    After reading a few things online it does seem that majority of these cases are ruled in favour of the car infront, but I didn't know if anyone here had any other advice or an experience similar?

    Sorry for the long read, any help would be very much appreciated.
  • 5 Replies

  • Beelzebub's Avatar
    The insurers are right: entirely your fault. You are expected to drive at a speed where you can stop within the distance you can see to be safe.

    The other driver's speed is utterly irrelevant: his car was stationary when you hit it! And in a collision with a stationary object, it is seldom if ever the latter's fault.
  • Chewedapples's Avatar
    @Beelzebub Thought that might be the case, but appreciate your response.
  • Harlow's Avatar
    Determining fault in a motorway collision depends on various factors such as traffic laws, road conditions, and the actions of each driver involved. If you were involved in a motorway collision, it's essential to assess the situation objectively. Consider factors like speed, signaling, and lane changes. However, fault isn't always straightforward; it may require legal expertise and evidence collection. Consulting with a lawyer or insurance provider can provide clarity on liability. Remember, staying calm and cooperative during investigations is crucial.
  • Santa's Avatar
    The only times the driver in front can be liable are if they deliberately stop to engineer a "cash for crash" situation, or when the car in front just stops suddenly for no good reason. The second case is rather difficult to prove.
  • Rolebama's Avatar
    I have had occasion to brake sharply on motorways to avoid foxes, deer, idiots swerving across the front because they 'missed' their turning, idiots who pull in front because they think this lane is making more headway than that lane, and my favourites - people swerving to avoid rear-ending the clown who dawdles along in any of the overtaking lanes and those who use the hard shoulder to overtake then cut in braking hard.
    I have been rear-ended twice because drivers have allowed themselves to be distracted when approaching slower traffic caused by congestion.