I would like to know who was had fault in an accident on a roundabout

[Di17]

My daughter was driving her car and I was sat in the rear seat of the car. On approaching the roundabout the car's in front her moved off onto the roundabout. As the cars moved on to the roundabout my daughter moved her car up and whilst looking to her left and seeing there was no cars coming she moved onto the roundabout then bang. The car that had moved off in front of her had stalled her car on the roundabout and my daughter ran into the back of her. The car that stalled had damage to boot etc my daughters car had no damage at all. The driver is now claiming damage to her car, whiplash and lose of earnings and states that my daughter was negligent.
I can't see how my daughter was negligent when it was the woman's fault for stalling her car?

[Buenchico]

Drivers are required to always maintain a suitable gap in front of them to ensure that, in the event of the preceding car performing an emergency stop (or suffering a mechanical failure) they can come to a halt without impact. Your daughter was clearly at fault for not checking that here path was clear. If the police had attended the scene she would probably have been prosecuted for driving without due care and attention.

Chris

[Purple_Popple]

It will more than likely be your fault Im afraid, not paying attention, driving too close and or speed will play a factor - braking distance etc.

[Purple_Popple]

* your daughter's fault, not yours

[derekpara]

I agree with Chris.

This is a very common type of roundabout accident. I always stick to the adage,
'Last Look Front' before moving.

[RAV1D]

I know it sounds bad but your daughter should of waited until the car had fully moved away before she set off, Don't always persume that the car in front is about to drive off just because the coast is clear. obviously an accident but even still the car in front had stopped by accident but your daughter failed to watch this happen and expected the car to continue to move and not stop, She drove into the car as she was still looking elsewhere at the same time. Basicly look both ways then drive, not look both ways and drive at the same time. No one has right of way on a round about. Take time, theres no rush give way and then go when clear, don't rely on the driver in frount to lead your way. I have had drivers drive into the back of me because they have expected that because i've moved a bit forwards I am gonna carry on. Just everyone in a rush these days and don't want to wait and make sure of things and rush expecting what they want to happen to always take place.

[wiltsman]

Sorry Di, it may seem harsh in the circumstances, but the fault has to be your daughters.

What is worrying though, is that the other driver is now claiming she has whiplash, also she talked of loss earnings.

Did your daughter take out legal cover in her car insurance? If she did, then she needs to get in touch with the legal team as soon as possible. Not knowing the circumstances in this case but there are low life around who contrive to manufacture an 'accident' like the one you describe. I'm not saying that happened in this case but your daughter needs good advice. She should start by chatting to her insurance company making sure they have the full picture, ensuring they know the other driver stalled her car.

[Old_Geezer]

Can only concur with those above. It may seem unfair (I've had the occasional near miss myself with folk who start moving out then apparently maliciously stop) but ultimately a driver is supposed to know where they are driving and not run into the back of someone. But at the speed she would have been going I have to say any whiplash claim sounds rather optimistic. The car in front was accidentally stalled I assume.

[factor-fiction]

It will be regarded as your daughter's fault... her only hope is that it is discovered that this was part of some staged accident scam

[d9f1c7]

I assume you mean she was looking to her right, anway if you hit someone up the back it's 100% your fault. School boy/girl error moving forward but not looking forward happens all the time.

[VHG]

There are people who deliberatly do this at roundabout to "cause" accidents a claim damages, whiplash injuries etc.

This is a well known scam amongst the Asian community.

http://menmedia.co.uk...r_cash_for_crash_scam

http://www.safefromsc...agedaccidentscam.html

[pogle]

Who would be at fault if the stalled car had rolled back into the following car?

[cathfromsaron]

she should have looked properly before proceeding BUT she can still defend the whiplash claim!

[flip_flop]

It is neither harsh (Wiltsman) or unfair (old-geezer).

It is completely your daughter's fault for not paying attention.

[ummmm]

Similar happened to me. I was turning left at a mini roundabout and a car was reversing out of a carpark. I stopped, and the car behind hit me. His fault, no ifs no buts.

You say there's no damage to her car. Get it checked out though.I couldn't see any damage on my car but when I opened the boot it was bent.

I didn't have whiplash though...

[Twenty20]

Well, obviously it's your daughter's fault. I don't know why you'd even query it.

Saying the other driver shouldn't have stalled their car is daft. Why didn't your daughter see it? Obviously she wasn't looking.

It's almost obligatory to claim whiplash now. The other party would have been bombarded with texts and calls from companies and it's probably difficult to turn down the offer of several thousands of pounds (morally wrong, obviously, but that doesn't seem to come into it these days).

[SpikeyBush]

Very same thing happened to me years ago, I'd not passed my test that long and was lacking in experience. Your daughter should learn from this and become a better driver as a result.

[welshlibranr]

sad, but true, that if you hit a car on the rear end, you are at fault!.......simple, if they can stop, then so should you be able to too!.........

[joko]

she drove forwards without looking at what she was driving into...

you should never allow your car to be moving without knowing where its headed.

she is at fault.

so many these days drive far too close... drives me mad.

[Skyline D]

Like flip flop and twenty20 I can't really see how this was even a question. There's no doubt it's the daughter's fault 100%

[Baldric]

Agree with the majority in law your daughters fault, due care and attention etc