‘NOT ALL F1 DRIVERS ARE BIG WIMPS’

I have an insurance claim resulting from what I thought was as straightforward an accident as you could imagine! But I have received a letter from my solicitor saying the guy who hit me is alleging I was to blame. This is what happened: I was approaching a junction and, because it was not clear for me to pull into the road, I stopped at the Give Way line. I got rear-ended by a car and came off injuring my neck and shoulder, luckily not too seriously. He is saying he thought I was going for it so he followed me but that I suddenly changed my mind, causing him to go into the back of me. How is this possibly my fault? I have read a column of yours in the past that talked about litigation risk but surely this is not such a case, is it? I always thought that if another road user hits you from behind then they are liable, simple as that.

Debbie Linton, email

APut simply, it is not your fault. Only vary rarely will a victim of a rear-end collision be held to be blameworthy. This is not a case where you should consider any cut to your compensation either by way of contributory negligence (your bit of the blame for the accident) or litigation risk (a discount reflecting the general risk of litigation). The other driver is 100% at fault. It would be different if you pulled out of the junction, realised it was not clear and reversed into him. Then it would be your fault. I expect he is just trying it on, so pursue 100%.

‘The other driver is trying it on so pursue your 100%’