Bus company denies liability for causing rear end shunt

Travelling at the head of a line of traffic my friend slowed down to 10mph because of approaching lights. He was hit from behind by a double decker bus and the impact pushed the rear of the estate car almost to back seat. Now the bus company claims it was his fault as he braked quickly and bus could not avoid collision. 2 witnesses have written statements backing bus drivers account. My friend claims he just slowed down and didn't stop. In this case the driver in rear vehicle is at fault isn't he?

A rear end impact on a vehicle which has no frontal damage is a very good indicator in any accident that the person responsible behind was at fault as all drivers are supposed to allow a sufficient distance to stop should the vehicle in front pull up in an emergency stop.

Circumstances where this would not be the case might include if the brake lights on the leading vehicle did not work (a ploy used in scam collisions). There may also be mitigating circumstances were the brakes jammed on gratuitously, although this is very difficult to prove as the leading driver might have been seeking to avoid an animal, such as a badger or a fox, which only he has seen.

Bus companies very frequently deny liability in circumstances where regular insurers would do so.  On the face of it, this case has all the hallmark of a classic rear end shunt but it may be necessary to file court proceedings to "concentrate their mind".

If your friend needs specialist legal advice -- which we would be happy to provide -- and should check his home, contents and motor insurance plus credit card terms and conditions to check if he has any legal expenses cover.  If he has not, then Crashguard Hindsight can be taken out following a collision and limits exposure to legal fees by providing legal expenses cover even after an accident has occurred.  At £75 it is a bargain as it will also provide him with all the benefits of full crashguard accident scene assistance and full legal cover for a year after the policy has been taken out.

In this particular case, the witness statements should be looked at very closely for their position as if the witnesses were passengers they may not have been able to see out of the front of the bus. Your friend's legal representatives should send them witness questionnaires to complete but if they are proved to be independent and these are returned with broadly the same comments then these may call the liability into question, which in the face of the facts as you describe them still appears to lie with the bus driver

If the impact was as severe as you describe, I would imagine that your friend may have been injured in which case I trust he sought medical attention following the accident.

If he wishes to contact us for further advice he should call our legal helpdesk for a more in-depth discussion of the circumstances without obligation on 0800 066 99 07.

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