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debbiep2
By debbiep2 | AA Member | 1 Post | 13 June 2013 at 6:25pm

Hi my son (who is also an AA member) was involved in a 3 car nose to tail. He was the only one insured and he was the middle car. He was hit by an uninsured driver from behind and shunted in to the third car (who was also uninsured). At the time the Police and the insurance company said he was not at fault and not liable for anything. Today he has received a summons to the Waitakere court and the uninsured driver he hit is suing him and the insurance company. Two questions 1. where does he stand fault wise and he can't afford to take time off work for something that he is not to blame for, can he just make a written statement and not attend court. After all it is really between the two uninsured drivers.

ABayliss
By ABayliss | AA Expert | 2169 Posts | 14 June 2013 at 12:13pm

In answer to your question, he should attend. However, there are a few different scerario to be aware of, depending on various factors.
Contrary to popular belief, these accidents aren't automatically deemed to be the fault of the rear car. However, if your son was stationary and hit from behind, pushing him in to the front car, it is quite clear cut and the accident would be deemed to be the fault of the rear car. But three car nose to tails are not always this simple, as in many cases, the collisions often happen simultaneously, or the second car hits the first one, then gets hit by the rear car. In these circumstances, there's a real grey area which insurance companies often finish up fighting over.
Assuming your son was hit from behind, pushing him into the front car, then he shouldn't be deemed responsible. If this is the case and your son has fully comprehensive insurance, he should put the matter with his insurance company, who will go into bat for him and claim damages from the driver of the rear car. Unfortunately, if he only has third party, he may need to fight his own fight.
Either way, your son should discuss the matter with his insurer, as the current dispute between the driver of the front car and your son definitely involves them. They may even attend the hearing with your son.
In the (likely!) event that I havent explained this clearly enough, as your son is an AA Member, he can call our Motoring Advice line on 0800 500 333 (Option 2), to discuss this with one of our advisors.