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Discussion Starter #62
As I said, it is looking like the car is written off and I will have to replace it with something else. Im still fighting it but this is what it looks like currently. For the sake of general knowledge though, I will inform the community so that other people may benefit.
 

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There was plenty of space between us. He was moving and the decided to suddenly stop.
Obviously there wasn't or you wouldn't have rear-ended him!

Apart from 'crash for cash' cases there is never an excuse to rear-end the vehicle in front of you. Drive defensively and with anticipation.

If you want to keep the car, then make the insurance company an offer and get it fixed. If they won't accept this then the car is a write-off. That's it, end of story, and the interminable posts about how unfair it is.

If you are so convinced of your position you could always commission your own engineer's report, typically these cost c.£200 for a non-CPR35 (good for everything apart from a court case) report.
 

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There was plenty of space between us. He was moving and the decided to suddenly stop.
That is what people do in normal driving. One minute they are moving along perfectly normally and the next minute they are stationary. There are many possibilities why, perhaps a child in the road, or they need to speak to a friend they see but its up to the other drivers on the road (including yourself) to expect this and drive appropriately.

Only in truly exceptional circumstances will the person who has been hit be found to be guilty and that is in my experience in cash for crash cases. 2 years ago my wife was hit by the white van man following when she had to make an emergency stop, he tried to blame her saying she did not indicate. Cost him about £1600 to fix her car plus the damage to his own van which by the time he got home had overheated and seized due to a busted radiator. I honestly think that was his plan to get a new engine out of her. Total scum, it did not work.

If you feel you are blameless perhaps you should take out a private case against the driver but I fear you would just be throwing money away. If the Police became involved you would no doubt be prosecuted for "driving without due care and attention" at the very least which would mean points and a fine plus increased insurance premiums.

Take the money and get on with life. Shit happens.
 

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Discussion Starter #67
You're all missing the point here. I'm not after the driver, I'm after the insurance company

I've commissioned an independent engineer, they valued the car at 5K. The glass guide that my insurance supposedly uses valued the car at 5.2K.

There are also two points where the insurance may be enforcing unfair terms and conditions or be actually in breach of contract. Firstly, they don't specify what "economical to repair" is as they say it is "confidential information that we don't disclose in the policy". Secondly, there was an amendment to my policy some months after I signed it, of which I was never made aware. It greatly affects my case as after that amendment they will only repair the car with new parts and not aftermarket or repaired ones like previously. As you might imagine this is disadvantageous to used cars.

Now please focus on the real problem, the insurance company, and not whether I was tailgating or not as you are not familiar with the driving circumstances prior to the accident.
 

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Discussion Starter #68
And I don't feel I'm blameless. I feel it's a case of split liability that my insurance failed to address.
 

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You hit the other car in the rear.

At best, that is 'driving without due care and attention'.

Good luck with whatever you decide to do but it's of little concern to the overwhelming number of forum members.
 

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Discussion Starter #70
Yeah I get that you're less than a welcoming community here, quick to scrutinize the OP and not helpful in providing advice for the real issue
 

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It's an exceptionally welcoming community except when someone who was, ostensibly driving carelessly and hit the car in front bangs on and on and on and on about how "unfairly" their insurance company is treating them.

You have had some sound advice, follow it.

Oh well, another one for the ignore list.
 
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