Involved in an accident - Other guy kept going

Harcrid

Hi all,

Just looking for some advice or just confirmation that I am handling things correctly with an accident that just happened with me.

I was driving along a backroad out in the country where there was no real soft margin on the sides, only a hard earth bank with stones in it and trees growing on top of the bank. As I was driving a long I was coming upon a stone entrance and I saw the nose of a car peek out (a Megane). There was a stone pier obstructing the other cars view so he should have edged out slowly. When I first spotted the nose of his car I was almost upon the entrance so there was no time for me to slow down and anticipate his next move. Then he suddenly shot out, coming against me, and the nose of his car swung over to my side of the road, across the white line, causing me to swerve left to avoid a collision and I ended up side-swiping the earth bank, travelled about 20 yards and came to a stop.

I looked back and the other car had kept going and not stopped, so either he did not realise what he had done or just did a runner. Fortunately a car travelling behind me witnessed what happened and I have his contact information, however neither of us got the reg of the car involved.

The left hand side suspension of my car is screwed as both front wheels now point in opposite directions, the left is pushed back into the arch, and the rear wheel camber is now way out of shape. God knows what else is wrong as it was getting dark and I cannot see a lot right now. There does not seem to be much bodywork damage, although the wing mirror is now hanging off.

The stone entrance was into a business and it was obviously closing time as other cars kept coming out. I stopped a few and asked if they knew someone who owned a green Megane and a few confirmed they knew it belonged to a Polish worker in the factory. I then stopped the factory boss and got a name and number of the Polish guy. I called the guards and handed all this info over to them. They are following up in the morning at the factory as this guy is due back to work then. Apparently they know him and have stopped him a few times to check tax and insurance so he is insured thankfully.

I don't have any insurance info from him at the moment and have asked the Guard to ring me with this in the morning so that I can go about claiming on it. I wanted to ring my own insurance company just to inform them of the accident but they are closed for the weekend.

My car is now off the road and I have a 40 mile commute to work on Monday so I need one badly. I would like to hire a car and charge the costs to the other guy but I want to get his insurance info first. However I would not do this if I thought I my claim against him was bound to fail as it would cost a fortune. Do you guys reckon I have a good chance of a succesful claim?

Sorry for the long post but I am raging here and I would love some advice.

Regards,
Richard

chris85

Celtxx wrote: »

Hi all,

Just looking for some advice or just confirmation that I am handling things correctly with an accident that just happened with me.

I was driving along a backroad out in the country where there was no real soft margin on the sides, only a hard earth bank with stones in it and trees growing on top of the bank. As I was driving a long I was coming upon a stone entrance and I saw the nose of a car peek out (a Megane). There was a stone pier obstructing the other cars view so he should have edged out slowly. When I first spotted the nose of his car I was almost upon the entrance so there was no time for me to slow down and anticipate his next move. Then he suddenly shot out, coming against me, and the nose of his car swung over to my side of the road, across the white line, causing me to swerve left to avoid a collision and I ended up side-swiping the earth bank, travelled about 20 yards and came to a stop.

I looked back and the other car had kept going and not stopped, so either he did not realise what he had done or just did a runner. Fortunately a car travelling behind me witnessed what happened and I have his contact information, however neither of us got the reg of the car involved.

The left hand side suspension of my car is screwed as both front wheels now point in opposite directions, the left is pushed back into the arch, and the rear wheel camber is now way out of shape. God knows what else is wrong as it was getting dark and I cannot see a lot right now. There does not seem to be much bodywork damage, although the wing mirror is now hanging off.

The stone entrance was into a business and it was obviously closing time as other cars kept coming out. I stopped a few and asked if they knew someone who owned a green Megane and a few confirmed they knew it belonged to a Polish worker in the factory. I then stopped the factory boss and got a name and number of the Polish guy. I called the guards and handed all this info over to them. They are following up in the morning at the factory as this guy is due back to work then. Apparently they know him and have stopped him a few times to check tax and insurance so he is insured thankfully.

I don't have any insurance info from him at the moment and have asked the Guard to ring me with this in the morning so that I can go about claiming on it. I wanted to ring my own insurance company just to inform them of the accident but they are closed for the weekend.

My car is now off the road and I have a 40 mile commute to work on Monday so I need one badly. I would like to hire a car and charge the costs to the other guy but I want to get his insurance info first. However I would not do this if I thought I my claim against him was bound to fail as it would cost a fortune. Do you guys reckon I have a good chance of a succesful claim?

Sorry for the long post but I am raging here and I would love some advice.

Regards,
Richard

Good so far buddy, also ring your insurance to let them know the situation.

The guards say they will be on to him tomorrow (remember it is a saturday so he may not be at work). If he admits liability straight away and his insurance tell you this then demand a hire car tomorrow (You have a right to one afaik). I dont think it will get sorted that quick as its the weekend now but live in hope.
Otherwise keep any receipts of travel costs and claim for these too.

astraboy

I'm not sure about this, but you swerved to avoid the guy and therefore you did not hit him, so his car did not damage yours in any way. Therefore he might not be liable for costs. I am open to correction on this.

Anan1

I have the terrible feeling that you'd have been better off financially to have hit him. Unless you (with the other drivers' evidence) can convince the Guards to successfully prosecute him. My sympathies, in any case.

Harcrid

I'm not sure about this, but you swerved to avoid the guy and therefore you did not hit him, so his car did not damage yours in any way. Therefore he might not be liable for costs. I am open to correction on this.

I am sorry I did not hit him for that very reason but thats the last thing that enters your mind at that moment in time. Your instinct is to avoid a collision at all costs. I am hoping that the fact I have a witness will help confirm careless driving or something along those lines.

I met the boss of the factory who has confirmed he will be working in the morning.

mikemac

astraboy wrote: »

I'm not sure about this, but you swerved to avoid the guy and therefore you did not hit him, so his car did not damage yours in any way. Therefore he might not be liable for costs. I am open to correction on this.

Principle of causation.
In an extreme example, I could throw a stone at you as you drove past causing you to swerve and hit the ditch. The stone missed and I never touched your car but it was still my fault.
Or my dog could cause you to swerve and I'll be liable again. Farmers have public liability insurance for this very reason in case their livestock escapes onto the road

chump

fair play for all the investigative work you've done

hope you get rewarded for it

Slidey

Unless you made contact with him i dont think you have a leg to stand on im afraid, next time aim straight for him..

Standard Toaster

Sorry to hear Richard. Not much advice to give but do keep us posted on the outcome. Fingers crossed it works out for you next week.

Mr.Diagnostic

From the way you describe the road and the amount of damage to your car it sounds like you were going way too fast. It may not all go your way.

JHMEG

astraboy wrote: »

I'm not sure about this, but you swerved to avoid the guy and therefore you did not hit him, so his car did not damage yours in any way. Therefore he might not be liable for costs.

+1, sorry to say.

Ultimately the two insurance companies involved will decide between them who is to blame.

jimmycrackcorm

JHMEG wrote: »

+1, sorry to say.

Ultimately the two insurance companies involved will decide between them who is to blame.

-1 the op has a witness - no contest.

Croc

Was he driving an Irish car or a foreign reg one. I ask this with respect to his insurance and where he got it. if it is an Irish car then he has Irish insurance and its a lot easier to deal with a claim.

Harcrid

I did not get the reg, but from a fleeting glance it looked Irish. I could not swear to that though.

From the way you describe the road and the amount of damage to your car it sounds like you were going way too fast. It may not all go your way.

Not possible, the road has sharp bend about 100 yards before the entrance where cars have to slow down to about a low third to take and I came from this direction. Even if I accelerated as hard as I could, I would not have even broken the speed limit by the time I reached the entrance. The damage was caused by huge rocks that were embedded in the bank. Don't forget it all happened in a split second and I had no time to slow down so I hit the bank at about 70KPH which is enough momentum to cause a lot of damage.

I fear everything hinges on either the other driver admitting liability which is highly unlikely, or my witness providing enough info to the Guards for them to prosecute for dangerous driving. I will keep you informed with what I find out in the morning.

Thanks for all your help so far.

Regards,
Richard

Croc

If he is driving an Irish Registered car then you notify your own Insurance Company and they pursue a claim from his insurance Company.

If its a Foreign Registered car then you have to go through the Motor Insurers Bureau of Ireland click here for more info.

http://www.mibi.ie/foreign-vehicles.html

BeardyGit

Being realistic about this, it's going to be your word against his and nothing more. Your witness can't positively ID the driver, or the vehicle. All either of you can say is that a green Renault Megane emerging from the entrance caused you to swerve. There are hundreds of green Meganes still on the roads after all.

You can't positively confirm the registration number and your witness effectively just adds to your circumstantial observations - none of which can be relied upon for a prosecution or even a civil action I'm sure.

All he needs to say is that he knows nothing about the events you're describing, that he's not the only one driving a green Megane and he's off. Nobody was hurt and you're the only one with damaged property so once the Gardaí go through the motions I'm guessing you'll be told there's nothing they can do and to go claim off your own insurance.

Sorry to say, I don't think you're going to get anywhere on this one. It's awful I know, but you have to be realistic about it.

Harcrid

All he needs to say is that he knows nothing about the events you're describing, that he's not the only one driving a green Megane and he's off.

I just hope he is not that smart!

Seth Brundle

Does the business have security cameras near the entrance?

Fey!

OP; I really hope that you get this sorted out. Unfortunately Gil is right - if he says "it wasn't me", then there's very little to prove a case against him unless, as KBannon suggested, there is evidence such as nearby CCTV.

Best of luck with it.

BeardyGit

Celtxx wrote: »

I just hope he is not that smart!

That's pretty much all you can do.

Sorry lad - It's a crappy deal I know.

Gil

cpoh1

Despite what some people in this thread have said you dont have to physically hit the other car for the accident to be his fault and him to be liable 100% for the damages incurred. I have first hand experience of this as a passenger in my sisters car under similar circumstances where we swerved to avoid another motorist pulling out of an entrance and despite him denying liability his insurance still paid out.

Not to advocate being dishonest but I would call down to the work yard, get a look of the lads licence plate and inform your insurance company that you got his reg as he drove off. If it comes up that the garda said you had no reg explain to them (the insurance company) that you described the car and knew he worked in the factory and wanted them to get his insurance details for you. Explain to them that there was no denying the identity of the car.

This is a civil matter and the gardai are only there to make sure insurance details are swapped so technically after that its between the insurance companies and you have a witness and a reg plate yourself. Not nice, not ethical but what the other driver did is far worse and he deserves it.

Harcrid

Hi all,

Just to update any of you that are interested on what is happening with this.

My witness has been in contact with the Gardai and given a statement. He has backed up everything I have said, however he did not catch the reg number unfortunately.

The Polish driver has now skipped the country according to the Gardai. He did not show up for work this morning and according to his boss has taken a week off to fly home. He is due back next week though so the Gardai are going to catch up with him then. In fairness to the Guards they are really on the ball with this one and putting a lot of effort into finding him.

I had the car towed to the garage this morning and the initial assesment was at least €3,000 worth of repairs need doing. I have decided to claim from my comprehensive insurance for the moment as I cannot afford to be without a car. I hope that all costs can be reclaimed from the other drivers insurance if my case is successful against him. The insurance assessor is taking a look at the damage tomorrow but to be honest it may be close to being written off. (2001 Opel Omega with 105,000 miles on the clock). Then I imagine will begin the battle of trying to get decent money for my car from the insurance company as they often tend to undervalue cars in this situation.

Thanks to all for advice and help so far and I will keep you updated as to what happens.

Regards,
Richard

astraboy

Glad to hear you are making progress on this. It is possible that the insurance might write off your car, especially with the mileage over 100,000 they might not give it a decent value. On the bright side you can go to the UK for a weekend and pick up a highly speced Omega with leather etc. for a couple of K sterling.

Harcrid

Glad to hear you are making progress on this. It is possible that the insurance might write off your car, especially with the mileage over 100,000 they might not give it a decent value. On the bright side you can go to the UK for a weekend and pick up a highly speced Omega with leather etc. for a couple of K sterling.

I know, thats where I got it 5 months ago! High spec with leather and all the toys. I should have said it was a Vauxhall Omega, not an Opel.

Harcrid

Hi,

For those that are interested I have a further update with regards to this situation.

First of all the insurance company have decided to write off my car. To my mind the damage was not severe enough for this so I got a second opinion who confirmed that the best option was for it to be written off as an uneconomical repair. It is a Cat C so I am sure someone will buy it and put it back on the road but it won't be me! After a bit of haggling with my insurance company, I received what I believe to be a fair amount for the car.

The good news is that the Guards have caught up with the other driver and taken a statement from him. He acknowledged that an an incident happened and was aware that he nearly hit me. He admitted crossing over to my side of the road as he says he always has to do that at this exit because the turn is so tight. He says he did not stop because he did not realise I had hit the ditch. The guards have taken a statement to this effect and I have passed over his insurance details to my company for them to chase up.

So fingers crossed there will be a happy ending at the end of all of this!

Regards,
Richard

astraboy

Glad its worked out for you, it was a tricky situation and I'm happy your insurance has not tried to screw you. Are you thinking of getting another Omega?;)

Harcrid

Yep, I have my eye on one already! Heading over next week to look at it. I know they are not everyones cup of tea but I like them. Big comfortable cruisers with loads of toys!

Anan1

I've just caught up on this thread again, and I have to say it does sound quite hopeful. Good to hear it might all work out ok for you yet.

JHMEG

JHMEG wrote: »

Ultimately the two insurance companies involved will decide between them who is to blame.

I still think this will be the case, and I'd have my doubts they'll decide the other lad was entirely to blame.

Anan1

JHMEG wrote: »

I still think this will be the case, and I'd have my doubts they'll decide the other lad was entirely to blame.

Even if you're right (and I think you might well be), under the circumstances every percentage point of blame apportioned to the other driver is a bonus.