What happens if my car is impounded and I cannot get it back straight away?
- 15.08.2026
My car had a mechanical failure on the motorway, and while I was trying to get it off the road safely, another vehicle crashed into the back of it. I am worried I might be blamed for causing an obstruction. What determines liability in this kind of situation?
Liability is determined by ordinary principles of negligence, considering what each driver did and whether they acted reasonably in the circumstances. A driver whose vehicle breaks down is generally expected to take reasonable steps to warn other road users and move to a safe position as soon as practicable, for example using hazard lights and, where safe, moving to the shoulder, in line with expectations under the Land Transport Act 1998 and associated road rules about stopping and parking on motorways. The driver approaching from behind also has a duty to maintain a safe following distance and be alert to hazards, and following too closely or failing to react appropriately can make that driver primarily at fault. Fault can be apportioned between drivers depending on the facts. Report the accident to police if required, take photographs of the scene and vehicle positions, gather witness details, and notify your insurer promptly for both vehicle repair and liability purposes.
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