Crashed into while in bus lane.

fletch

My friend just rang and his sister was involved in an accident. She was in a bus lane when another car ran into the back of her. Who is in the wrong in this instance?
Will she be liable for damage to both cars as she was in the wrong by being in the buslane?

Trampas

the person who was in the car behind is.

Kimbot

Well the other car was also in the wrong for being in the bus lane if thats the case.

Normally it used to be that if you got ran into the back of then the other person is at fault.

Anan1

The person who ran into the back of her.

Run_to_da_hills

Who ever rear ends is usually at fault. If she was in the bus lane when she was supposed not to be she could be summonsed separately for that. Nothing to do with being rear ended.

Fey!

Run_to_da_hills wrote: »

Who ever rear ends is usually at fault. If she was in the bus lane when she was supposed not to be she could be summonsed separately for that. Nothing to do with being rear ended.

+1 (unless she has suddenly pulled in front of him into the bus lane, leaving him nowhere to go. That could be hazy).

fletch

Just back off the phone to my friend, seems the other car moved across into the buslane and didn't see my friends sister in the buslane and they collided. Would they be equally in the wrong?

mikedragon32

Sounds like the driver at the back is at fault.

Neither should have been in the bus lane, but that's totally irrelevant for insurance purposes, in this instance.

Run_to_da_hills

fletch wrote: »

Just back off the phone to my friend, seems the other car moved across into the buslane and didn't see my friends sister in the buslane and they collided. Would they be equally in the wrong?

You are equally wrong for being in the bus lane and both could be prosecuted for this if the cops were called however who ever ran in to the back of the other must cough up for the damage.

fletch

It doesn't sound like either driver was at the back, they side swiped....hmmm probably just be left up to the insurance company to decide. The other car's NCT is out of date by 2years, I guess this would have no bearing on the case as it'd be a separate matter?

Run_to_da_hills

If the other guys NCT is out of date for two years more than likely his tax is also out of date and he might want to sort out the matter without the cop. Make sure that the cops are there as your man could give false information and do a bunk. The most your mate could get is a fine for being in the bus lane.

Fey!

Report it to the Gardai, and get them to check that the guys insurance is up to date. Also check the times for the bus lane (people on here seem to have forgotten that not all buslanes are full time), and check to see if the other driver crossed into them over a solid or a broken white line.

And, in this age of everyone having a camera/video on their phone, I hope that your friend recorded the scene in case of difficulties later.

Gumbo

fletch wrote: »

Just back off the phone to my friend, seems the other car moved across into the buslane and didn't see my friends sister in the buslane and they collided. Would they be equally in the wrong?

a case like this happened a few years back and went to court between a motorcycle and a car.

the bike was driving in the bus lane and tha car suddenly pulled accros and they collidied.

the judge ruled that the bike should not of been in the bus lane but also the car drive was responible for lack of attention or something similar.

he awarded the blame 65%-35% in favour of the bike.

Riskymove

kceire wrote: »

a case like this happened a few years back and went to court between a motorcycle and a car.

the bike was driving in the bus lane and tha car suddenly pulled accros and they collidied.

the judge ruled that the bike should not of been in the bus lane but also the car drive was responible for lack of attention or something similar.

he awarded the blame 65%-35% in favour of the bike.

yeah but that was a civil case for damages by the biker rather than just an insurance issue for damage.

thedarkroom

Was the accident reported to the Guards? If not then do so immediately before the other driver jumps the gun and stings the lady with an exorbitant claim. I have a friend who is an insurance assessor and when my car was hit in a car park some weeks ago he advised me to report it immediately regardless, as he had come across claims where the guilty party reported and claimed successfully against the innocent person purely because he got there first and the victim hadn't reported it immediately.
In my own case, the person who hit my car parked and went off without leaving details and I had to pursue it by accessing security CCTV and a lot of leg work. I reported it to the Guards the next morning, they then rang the driver, and he held his hands up and rang his insurance company to pay up. I can safely say that it was only through the assistance of the Guards that the matter got resolved. Thanks to the lads in Whitehall!!
In this case by the original poster, report it immediately because if the NCT is out of date by two years then it is very possible that the insurance is out too. Every time I insure my car I have to present my NCT cert and driving licence to get cover, I'm sure that is standard practice. Being in a bus lane is not that big a deal, a pain in the a@@e certainly, but hardly a major criminal activity. If she was overtaking in the bus lane then she will probably have to accept some of the liability, but if the other driver jumped across from stationery traffic without checking his mirrors and the woman was heading a bit early for a left hand turn then she should be safe enough.

Zube

thedarkroom wrote: »

Every time I insure my car I have to present my NCT cert and driving licence to get cover, I'm sure that is standard practice.

No, I've never been asked for either one in over 20 years driving.

milltown

kceire wrote: »

a case like this happened a few years back and went to court between a motorcycle and a car.

the bike was driving in the bus lane and tha car suddenly pulled accros and they collidied.

the judge ruled that the bike should not of been in the bus lane but also the car drive was responible for lack of attention or something similar.

he awarded the blame 65%-35% in favour of the bike.

The onus is on the guy changing lanes to make sure it is safe to do so. It matters not that the girl should not have been in the bus lane. If she was driving a taxi (with a fare, for the pedants) the guy would still have hit her.

ciaranmul

milltown wrote: »

The onus is on the guy changing lanes to make sure it is safe to do so. It matters not that the girl should not have been in the bus lane. If she was driving a taxi (with a fare, for the pedants) the guy would still have hit her.

Good point!

cormie

Original post was at 10:41, many buslanes are open between 10 and 12.

What's the story with crashing into somebody who is in the wrong anyway? Say a car coming out of a driveway who goes to far too quickly, a car parked on double yellows and in this case, changing lanes incorrectly?

Zube

cormie wrote: »

What's the story with crashing into somebody who is in the wrong anyway?

There's no hard and fast rule. Obviously it's possible to crash into someone through no fault of yours at all: say someone who runs a red light at speed, and you have no chance to avoid them. Equally it could be entirely your fault: as in Learner Driver makes an error, and you're travelling too fast to avoid them.

So, it's lawyer up and see what the judge says.