What happens if you're in an accident?

junii

It says on my quinn policy that you should never accept liabilty. Its up to the insurance company and guards to decide. So should you ever accept liability on the spot?

crosstownk

No never - as the insurance company will ultimately be paying for it they prefer you not to speak on their behalf.

Most insurance companies issue this advice. The best thing to do is call the Gardai and take the details of the other car and the insurance details. Then notify the insurance company. They will most likely send you an accident report form which you fill out. Then leave the rest up to them.

Gregor Samsa

I've been wondering about this... Will the Gardai come out for something minor like a dented bumper? Or is calling the Gardai just about reporing the accident, as opposed to getting them to come and check out the scene.

I only ask because recently I called the Gardai about kids joyriding a tractor around a building site near my home, and while they took my details, they never made an appearrence. As a result of this, I'm inclined to think that you'd be sitting by the side of the road waiting for them for a good while over a minor crash.

junii

But if it is completely your fault and the other guy is fuming, should you just say look man "I can't accept liability for this"

crosstownk

Just tell him he'll have to take it up with his insurer. Its a simple as that.

Mick L

I was under the impression (could be wrong) that the gardai were only required at the scene of a crash if someone was injured, otherwise just exchange insurance details, get details of the other car(s) and contact your insurance company.

Del2005

Most of the time the Gaurds won't turn out or they'll come some time later. They have bigger fish to fry then a minor crash.

For a small crash just exchange details and head to you local station to report it, with your insurance etc. Then inform your insurance company.

And aswell as that get the cars off the road, there is nothing worst then sitting in a huge tailback to see at the front 2 cars that have bearly tapped each other sitting in the middle of the road waiting for the gaurds to arrive :mad: :mad:

There was a hit and run outside my job last year and the gaurds didn't turn up for nearly 1 1/2 hours.

crosstownk

If you do call the Gardai, the first thing they will tell you to is to move the cars if they are blocking traffic. If its a bad crash and the cars are immobile be sure to tell them as they will arrange a recovery truck.

Spitfire666

the guards have nothing to do with deciding who is liable. There is no obligation for guards to come to the scene, although there is an obligation on the people involved to report it, ie going to the station themselves. the only thing the guards do is ensure that insurance details are swapped. its only in the case of serious personnal injury or major material damage that the guards get involved. best advice has already been given, if crash happens, clear the cars off the road, swap details and dont accept liability then contact the garda station.

connundrum

junii wrote:

But if it is completely your fault and the other guy is fuming, should you just say look man "I can't accept liability for this"

With cases like this it should be a matter of common sense. We were sitting in the car park the other day when another car just ran into us - if he hadn't taken responsibility for it straight away then I woulda had to have words.

What you should maybe do is ring your insurance company straight away and let them advise you. If its only a coupla hundred €'s then you shouldn't really want it to go to the stage where the insurance insurance company gets involved - as your premium may be affected.

mikemac

I remember reading years ago that if you say "I'm sorry", at the scence of an accident then this can taken as an admission of liability.

Wow, I always thought it was a myth until I read this thread

Wishbone Ash

Spitfire666 wrote:

the guards have nothing to do with deciding who is liable. There is no obligation for guards to come to the scene, although there is an obligation on the people involved to report it, ie going to the station themselves. the only thing the guards do is ensure that insurance details are swapped. its only in the case of serious personnal injury or major material damage that the guards get involved. best advice has already been given, if crash happens, clear the cars off the road, swap details and dont accept liability then contact the garda station.

Yes,they refer to accidents where no one has been injured as "material damage accidents" and rarely attend unless there is major traffic disruption or if it occurs on a primary traffic route (eg M50). The only exception to this is if the Gardai witness the accident themselves.

If someone is injured they are obliged to attend but they do not apportion blame or liability - they just record the facts.

junii wrote:

"I can't accept liability for this"

You don't say that either - you just exchange details. If the other driver is aggressive in manner, politely inform them that they should deal with your insurance company which you have , in effect, appointed to handle such incidents and telephone the Gardai if necessary. Always report any accidents (in person), regardless of how minor they may appear to be. It can save a lot of hassle later.

PD junni - "you're" or "you are" not "your" (thread title).

TheMonster

Guards will also come if one of the drivers is being aggressive towards the other.

Spitfire666

but that has nothing to do with the accident, thats just because there is somebody being abusive the same way if you were getting abuse from a random person on the street.

It is classed as a meterial damage accident but saying they rarely attend is wrong too as they will attend but it would not be a priority call, ie if a shop was robbed while on the way to the accident they would turn round or if they had a contact number for the people involved they would tell them to call to the station. they do attend them though

mmenarry

The company I work for has about 40 drivers, I'm the H&S bod (booo, hisssss, etc.). All of this is stuff that I've had to go over with a fine tooth comb over the last couple of years, and it breaks down like this:

-If no-one is injured, the Gardai do not have to attend. Obviously is traffic is being blocked, then you can tell them that.
-If someone is injured, then you legally must report the accident as soon as possible
-As a condition of insurance, you hand "indemnity" over to the insurers. Effectively it's their accident, not yours. If you admit liability for an accident and your insurers hear about it (and can prove that you did admit liability) they'll hang you out to dry. Breach of the conditions of insurance. You're effectively letting your insurance company off the hook.
-If you have a single car accident, and damage someone's property (knock a wall down, for example) you must make reasonable effort to identify the owner of the property and let them know. If you can't find the owner then it must be reported to the Gardai.

All our drivers carry a pack with a camera (film, not digital), a record sheet for all the appropriate info (can be a difficult job to remember everything just after an accident), and a summary of what they're supposed to do in an accident (not admit liabilty, take details, etc.)

With the cost of insurance, chancers, and uninsured drivers running around the roads these days, its obviously much better to have the Gardai call to a scene. I tell my guys that a sore neck, back whatever is a very common injury (followed by a big wink) if they feel the guards would be a help to them. (hey, it works for us )

M.

Strokesfan

I was wondering about this before - this thread has answered any questions I had (great idea about carrying a disposable camera) Thanks for posting the question!

[V3]

Say I hit the back of someone's bumper hard (touch wood it will never happen ) and its totally my fault. I am not to admit any liability to the person I just hit. I got that.
Now I go to report it to the Gardai, do I tell the Gardai that I hit him and it was my fault? I mean if I have to make a report, wouldnt I have to admit guilt? Otherwise wouldnt it be a false report?

mmenarry

[V3] wrote:

Say I hit the back of someone's bumper hard (touch wood it will never happen ) and its totally my fault. I am not to admit any liability to the person I just hit. I got that.
Now I go to report it to the Gardai, do I tell the Gardai that I hit him and it was my fault? I mean if I have to make a report, wouldnt I have to admit guilt? Otherwise wouldnt it be a false report?

Nope, you only need to report such an accident (where there have been no injuries) to the owner of the property that is damaged. Hopefully, it'sthe person in the driving seat of the car you just hit.
However, if a young scally jumps out and runs off, I'd call the gardai, so that the owner can be informed of the damage

Injuries? Report to the Gardai
No injuries? Report damage to the owner (of the car, wall, dog, whatever)

M.

upsfan

I presume with most really minor things you are just going to pay up out of your own pocket if it was your fault though, so that might be an exception.

Wishbone Ash

upsfan wrote:

I presume with most really minor things you are just going to pay up out of your own pocket if it was your fault though, so that might be an exception.

Many drivers will sort out relatively minor accidents between themselves in an amicable fashion. However some, after consulting family and friends, will later appear with a neck brace/crutches/wheelchair etc. That is the danger of admitting liability. I think it is better always report accidents. After all, it costs nothing - just a bit of inconvienence.

Even better if you can get the other party to accompany you to the Garda Station for reporting. They may be less likely to pull the neck/back stunt later.

HelterSkelter

If someone runs into me and we just exchange details without calling the guards, what's to stop him denying it ever happened? What happens in this situation?

MrPudding

Del2005 wrote:

They have bigger fish to fry then a minor crash.

Bigger donuts to fry maybe.

MrP

Seth Brundle

micmclo wrote:

I remember reading years ago that if you say "I'm sorry", at the scence of an accident then this can taken as an admission of liability.

Wow, I always thought it was a myth until I read this thread

A persons state of mind at the scene of an accident may not be as it should be and to admit liability at the scene could be easily challenged by a barrister.

mmenarry

HelterSkelter wrote:

If someone runs into me and we just exchange details without calling the guards, what's to stop him denying it ever happened? What happens in this situation?

The insurance companies will decide what to do. That usually means shafting both drivers, just for the fun of it. That's why I tell my guys they are better off with the Gardai there (ouch, sore neck officer )

kbannon wrote:

A persons state of mind at the scene of an accident may not be as it should be and to admit liability at the scene could be easily challenged by a barrister.

If it gets to court, that is. The majority don't. And I'd be willing to bet your average insurance company will have more/better lawyers than you.

Unfortunately insurance companies have it pretty much their own way these days. In all cases, it's better for them to blame *both* drivers for an accident - increased premiums all 'round.

I've come across some really nasty situations where friends/colleagues have been hung out to dry by insurance companies (admittedly some of these are in the UK, but the principle still applies)

M.

Seth Brundle

mmenarry wrote:

If it gets to court, that is.

True

mmenarry wrote:

I've come across some really nasty situations where friends/colleagues have been hung out to dry by insurance companies (admittedly some of these are in the UK, but the principle still applies)

There are tales that Quinn may have done this