Can I claim that an elderly driver I hit from behind was at fault?

I recently ran into the back of the car in front. The car in front was turning right onto a main road and I was following. It was clear left and right. I did a final check and proceeded, but found the car had stopped directly on the road in front, so I hit it from behind. It had stopped on this side of the carriageway, thus causing a blockage to traffic travelling in the left hand direction. I realise that not leaving enough braking distance is why nearly always the person behind is at fault. But what if the driver is incapable of driving because they are very old (not wishing to be ageist, but he was in his late 70s or early 80s). He also said he had a similar accident a year earlier in the same spot. He also came back to check my tax disc (I don't know why), and when he pulled away he nearly caused an accident again. Have I got a case to claim that he was an incapable driver?

For me, I am so annoyed at the cost. I have lost around £1000 (£500 for last week's MOT, £50 tank of fuel, £150 excess, and my new insurance premium increased by £250) so this may well bankrupt me. I have explained this to the insurance company who aren't interested, although it is obviously in their interest not to be. I am fully comp and my vehicle is a total loss.

Asked on 30 June 2010 by stevekstevek

Answered by Honest John
Easily done. But no. It was your fault. There are a lot of doddery old drivers out on the roads. A good driver is aware of this and watches out for them.
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