Accident claim

underpants

Hey

I was involved in an accident last march. Some idiot was crossing the road, stepped out from behind a van and never bothered to look the right way! So I had no time to stop or avoid him.
Now it turns out that he's put a claim in against me. Can anyone tell me what happens next? Do the insurance company decide who was in the wrong?
I waited at the scene until the gardai arrived and gave a statement but according to my insurance company they say the gardai don't have any record of it!!

Also, is there anything I can do to claim damages made to my bike from the guy???

Any help would be appreciated.

Thanks

Idleater

Hi,

I am not a legal eagle by any means but I thought that I heard about something like this from a friend of mine.

What happens is, that you are 100% at fault - by default - for hitting a pedestrian crossing the road. End of story. Insurance Company pays out.

However, you are entitled to pursue the pedestrian through the civil courts for something like due negligance or something. You will win that easier. What it ends up like in the end is 75-25 against you.

My advice, talk to a solicitor.

L

Kinetic^

The exact same thing happened to me on friday. Pedestrian walked into me after appearing from behind a van I is sore still let me tell ya. She was like it's my fault and I was ****ting it because I was still filtering traffic about 10 feet after the broken line had finished so I was in the wrong. Both of us were ok though and we just went our seperate ways. I think both of us were just afraid of getting done.

I realise how lucky i was now.

I think it's bollocks that it's 100% the biker's fault!! I know I was at fault but if the OP wasn't filtering like I was then IMO it's the pedestrian's fault.

madrab

same with cyclists, if you hit one you are 200% at fault

Dr4gul4

Kenny 5 wrote:

The exact same thing happened to me on friday. Pedestrian walked into me after appearing from behind a van I is sore still let me tell ya. She was like it's my fault and I was ****ting it because I was still filtering traffic about 10 feet after the broken line had finished so I was in the wrong. Both of us were ok though and we just went our seperate ways. I think both of us were just afraid of getting done.

I realise how lucky i was now.

I think it's bollocks that it's 100% the biker's fault!! I know I was at fault but if the OP wasn't filtering like I was then IMO it's the pedestrian's fault.

what have i told u about louder exhausts man !!!


Glad to hear ure ok though, but seriously people, make sure they can hear you comming, it's nearly happened me a few times also

madrab

Dr4gul4 wrote:

what have i told u about louder exhausts man !!!


Glad to hear ure ok though, but seriously people, make sure they can hear you comming, it's nearly happened me a few times also

with your exhausts? god they must have been deaf

Kinetic^

Getting physio tomorrow.


I can't believe it's automatically the bikers fault if you hit a cyclist too :eek:

seamus

It's not automatically anybody's fault if you hit anybody. Pedestrians and cyclists can be found at fault in road traffic accidents, and can even have fines or other sentences imposed on them.

However, this is quite rare when the ped/cyclists in question has been hit by a big steel vehicle with insurance - the court usually rules in the ped/cyclist's favour.

My brother was driving his moped down the quays a few years back when a pregnant woman stepped out from behind a Prison service van. He knocked her to the ground and broke her arm. Garda who happened to be standing right beside it, confirmed that she was 100% at fault, took my brother's contact details and told him to head off, that the Garda would look after the woman.
He never heard anything more about it.

Dr4gul4

madrab wrote:

with your exhausts? god they must have been deaf

heee hee heee big noise makes people run away

Pabloescobar

Have a claim pending against me very similar circumstances my insurance company went through it with an accident investigator and we have denied all liability so its going to court and will see what happens then!!! By the way the pedistrian is not always right if so people would be diving out in front of traffic (slow moving) left right and centre if they were going to get a couple of quid!!!

Seth Brundle

A friend was in a similar accident when an old lady ran out in front of him on her way to mass. She had just gotten out of her sons car and he saw the incident.
I headed up to the hospital to see the friend and spoke with her and her family and they confirmed that she had been in the wrong.
Roll on a few weeks and a claim is put in on her behalf. Seemingly her story had changed to one where the biker had swerved towards her (as if he aimed for her) as she stood on a painted traffic island.
The friends insurance assessor summed it up "old lady on her way to mass versus young male biker - no contest"