I braked and a car hit me from behind who’s fault is it?


In the vast majority of road traffic collisions involving a driver who is hit from behind, the person driving the vehicle behind you is ‘at-fault’.

Even if the person in front of you slammed their brakes on for what you believe was no good reason, you would still be at-fault for the collision.

The Highway Code states that you should: -

  • 'leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops

  • ‘allow at least a two-second gap between you and the vehicle in front on roads carrying faster-moving traffic and in tunnels where visibility is reduced. The gap should be at least doubled on wet roads and increased still further on icy roads’


Basically, anyone who drives too close behind your vehicle (...and does not follow the rules above), runs the risk of being at-fault for an accident if you have to slow down suddenly in an emergency.


You are not at-fault, but should you claim on your car insurance?

If you were hit from behind and you make a claim on your insurance, your insurer will almost certainly require you to pay the excess on your policy before your vehicle can be repaired and the cost of your insurance is likely to increase as a result.

You may be able to recover your excess at a later date, but this could leave you out-of-pocket for a period of time.

Car Call independently helps thousands of motorists every year resolve accident related issues after non-fault accidents. Because we deal directly with the insurers of the person at-fault for the accident, there is an alternative to a claim on your own insurance policy.

In addition to this, as our claims service is not restricted by the terms of your policy, we provide the same comprehensive service to all our customers, regardless of the type of cover they may have.

We arrange the assistance you need and when your claim is complete, we and our partners recover the costs directly from the at fault drivers insurer on your behalf.

The benefits of our service include: -

  • An alternative to a claim on your own insurance

  • No excess to pay

  • We deliver a like-for-like replacement for your un-roadworthy vehicle

  • Your replacement will be delivered typically within 3 hours of accepting your claim

  • We arrange guaranteed repairs for your vehicle at one of our approved accident repair centres

  • Repairs alternatively can be arranged at a garage of your own choice

  • Legal assistance can be arranged for the recovery of your expenses, lost earnings or claims for compensation

  • Help is available 24/7 from our UK based claims team



To find out how our service can help you, call us on 02392 484 244 and we will be happy to help.

Any policyholder can use this service, and it is your legal right to choose who repairs your vehicle. All assistance offered and information given on this page is provided by Car Call and its partners , no association or affiliation to any particular insurer is intended in any way, and your statutory rights are unaffected.


No need to claim on your insurance

Anyone who has been involved in a road accident has the right to choose who repairs their vehicle. If you were responsible for the accident you were involved in, the company that insures your vehicle would normally deal with your accident claim.

However if you were not at-fault for the accident, you can choose to either claim on your own insurance policy or make a claim independently of your insurer. To find out more call 02392 484 244 and we will be happy to help.

We and our partners help thousands of people make independent accident claims. Our service enables motorists to get the help and assistance they need to resolve their accident related issues, with the costs being recovered directly from the at-fault driver on your behalf.

No excess to pay

Unfortunately even if an accident was not your fault, your insurer will almost certainly require you to pay your excess before any repair is started on your car.

This money should of course be recovered by an insurer at a later date, but with our service - you do not have to pay it at all.

By using our independent claims service, you are not making a claim on your insurance policy and so you will have no excess to pay.

Receive a like-for-like replacement hire vehicle

Not all insurance policies will include a replacement hire-car for you to use if yours is damaged and unroadworthy. In fact it is typically an 'optional extra' on your policy.

Other policies may offer a 'courtesy car' but this is often just a 'basic' saloon or hatchback which may not be suitable for your needs.

Car Call and its partners will provide a like-for-like replacement vehicle as part of our service. This means we will endeavour to supply a hire-vehicle that similar to your own in terms of its type, make and engine size.

So whether you drive a small hatchback or a prestige sports car, we will look to provide a similar hire-vehicle that suits your needs.

Manufacturer approved vehicle repairs

If you have been involved in a car accident, the last thing you want to have to worry about is the quality of the repairs to your car. We have a UK wide network of partner approved Accident Repair Centres available to all of our customers.

Many of our accident repair centres are have manufacturer approvals for specific brands, so if you require a manufacturer approved repair centre, simply tell your personal claim handler and they will ensure your vehicle goes to an approved repairer.

Want you vehicle repaired by a specific garage? No problem, we can alternatively use a repairer that you specify.

Legal Assistance

Our partner solicitors provide legal assistance as part of our service. They specialise in motor claims related issues, so you can be assured of the best possible advice and assistance.

They issues they can assist you with include:

  • Recovery of the cost of the replacement hire-vehicle
  • Recovery of the cost of uplifting your damaged vehicle
  • Recovery of all repair costs
  • Recovery of the cost of damaged of personal items
  • Seeking financial compensation for an injury