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Legal Question

  • 02-02-2009 6:28pm
    #1
    Closed Accounts Posts: 129 ✭✭


    Hi Guys,

    Was out in that snow in my car today and to cut to the chase I was coming over a narrow bridge with a sharpe left turn after it. I was blowing the horn as I was going over, all lights on etc. However, as i can downhill the other side no matter how much i jammed on and tried to turn left i slid straight down about 15 - 20 feet into a girl in a clio waiting on the other side. I bumped into her and then hit the wall slightly.

    We got out down the hill where we meet up again. We had a look at her car and saw a crack in the front bumper but that was it. I said what do you wanna do now and she said well she wants money for it. I said ok but i'd prefer to avoid my insurance company because of course i'd lose my No claims discount. We exchanged numbers and left.

    I havent spoken since but i'm thinking if she comes back with a mad figure like 500 euro to replace the bumper should i even pay it? It was neither our fault even though she had a bit of time (5 seconds) to reverse a bit. Although, I dont know if I would have stopped by then anyway. What would you or an insurance company view this as? as act of god? I dont mind paying 200 euro but no more than that. I doubt a year 2000 renault clio front bumper is that much.:confused:

    Thanks for any advise guys


«1

Comments

  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    no legal talk allowed on here bud. Personally i would wait for her quote then if it sounds much just ring around meself and see how much you are looking at.
    Im no expert but i cant see 200 getting you a bumper no matter what year her car is. Accidents happen. At least nobody was hurt and all that blaa blaa


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    You drove into her. Either you pay her directly or she claims through her insurance. Last time I replaced a bumper it was €600 fitted & painted.


  • Closed Accounts Posts: 129 ✭✭smoc


    Anan1 wrote: »
    You drove into her. Either you pay her directly or she claims through her insurance. Last time I replaced a bumper it was €600 fitted & painted.

    yeah but it wasnt my fault. It was the snow. what year and make was that bumper you got? I could pick her up a bumper from the scrap yard. You often get mint stuff in there for half the price.

    BLOODY SNOW! :mad:

    BTW should i mention it to my insurance company or maybe leave it a until she comes back to me?


  • Registered Users, Registered Users 2 Posts: 18,272 ✭✭✭✭Atomic Pineapple


    cant blame the snow i'm afraid , adjusting to the driving conditions and all that , you have admitted liability by saying you'll pay for it.

    If that crack isn't too bad it can be repaired with no need for a new bumper, just keep in contact with her and be genuine and nice and hope she is the same in return


  • Registered Users, Registered Users 2 Posts: 1,648 ✭✭✭gyppo


    smoc wrote: »
    yeah but it wasnt my fault. It was the snow. what year and make was that bumper you got? I could pick her up a bumper from the scrap yard. You often get mint stuff in there for half the price.

    BLOODY SNOW! :mad:

    BTW should i mention it to my insurance company or maybe leave it a until she comes back to me?

    Sorry, but it was your fault - end of.

    She is entitled to have the car repaired to the standard it was before the accident. You don't say what year the car is - if its a newish car, I could'nt see the owner accepting a bumper from a scrapyard.


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  • Closed Accounts Posts: 2,559 ✭✭✭Tipsy Mac


    You collided with her, snow, ice, rain whatever it's not her problem it's yours, you have to pay to put the car as it was pre crash. I would say to put a new bumper on and respray you might have change for a pint out of €500 if you shop around.


  • Moderators, Society & Culture Moderators Posts: 40,344 Mod ✭✭✭✭Gumbo


    OP as stated above, its your fault full stop. accidents happen and just be glad there were no people in your way while you were sliding.

    first off, if it was my car, i would npt accept a bumper from a scrappy or a plastic weld and respray as they tend to re-crack a few months down the line.

    only thing you can do now is pay up or go through your insurance im afraid.

    new bumper, spraying,and labour, i reakon you will easily be looking at approx 500 euro for this one.


  • Registered Users, Registered Users 2 Posts: 10,534 ✭✭✭✭guil


    op u were drivin the car so the fault is yours, the clio owner doesnt have to accept the bumper from a scrappy and is well within her rights to get it done at a main dealer which i imagine would be the most expensive


  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    smoc wrote: »
    yeah but it wasnt my fault. It was the snow.

    :eek: . Of course it was not your fault as you were not the one who was moving , she was :eek:


  • Registered Users, Registered Users 2 Posts: 4,175 ✭✭✭Top Dog


    smoc wrote: »
    yeah but it wasnt my fault. It was the snow.
    No insurance company is going to accept this as an excuse. If you hit another vehicle then it was down to your own inability to control your car or drive appropriate to the conditions. Thats just the way it is I'm afraid.


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  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    Anybody who ever says "Yeah but it wasnt my fault. It was the snow." to an insurance company straight out will likely have their premium doubled on the spot as well as lose any no claims bonus on top.

    Could you possibly urgently reconsider and rephrase that ???


  • Registered Users, Registered Users 2 Posts: 22,080 ✭✭✭✭Big Nasty


    I think he may get the point lads!


  • Registered Users, Registered Users 2 Posts: 4,618 ✭✭✭milltown


    smoc wrote: »
    It was neither our fault even though she had a bit of time (5 seconds) to reverse a bit.

    :pac:
    PMSL!!

    Are you implying that if anyone was to blame, it's her for not getting out of the way of your out of control car??!!


  • Registered Users, Registered Users 2 Posts: 2,875 ✭✭✭Buffman


    OP, I'm guessing this is the canal bridge at Hazelhatch. Crappy one at the best of times, but with snow like this it should be taken in first gear at about 10kph.

    Your caught by the short and curleys here, if you don't want to involve your insurance you'll have to pay whatever she wants.

    FYI, if you move to a 'smart' meter electricity plan, you CAN'T move back to a non-smart plan.

    You don't have to take a 'smart' meter if you don't want one, opt-out is available.

    Buy drinks in 3L or bigger plastic bottles or glass bottles or cartons to avoid the DRS fee.



  • Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    milltown wrote: »
    Are you implying that if anyone was to blame, it's her for not getting out of the way of your out of control car??!!

    pffft typical woman driver not getting out of your why while your crashing :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:


  • Registered Users, Registered Users 2 Posts: 23,084 ✭✭✭✭Esel
    Not Your Ornery Onager


    Blowing the horn and having all the lights on usually stops my car from skidding on snow, so be sure to tell that to your insurance company. Have you thought about blaming the manufacturer?

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 763 ✭✭✭F-Stop


    Simply put: your car moving, her car stationary, your car out of control as it failed to not hit hers. It's unfortunate, but these things happen. Suck it up, be a man, accept your responsibility, pay what is due.


  • Closed Accounts Posts: 129 ✭✭smoc


    Top Dog wrote: »
    No insurance company is going to accept this as an excuse. If you hit another vehicle then it was down to your own inability to control your car or drive appropriate to the conditions. Thats just the way it is I'm afraid.

    I'd love to see you try and take that turn and pull it off


  • Closed Accounts Posts: 129 ✭✭smoc


    esel wrote: »
    Blowing the horn and having all the lights on usually stops my car from skidding on snow, so be sure to tell that to your insurance company. Have you thought about blaming the manufacturer?

    No one likes a smart ass


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    smoc wrote: »
    I'd love to see you try and take that turn and pull it off
    smoc wrote: »
    No one likes a smart ass


    People are just providing their advice like you asked. You need to accept that despite the conditions the very concept and nature of insurance and liability puts you in the wrong here.

    You got a couple of smart answers but I think a couple of them do serve to put things in context.

    Ok, so a lot of people reckon the way insurance works is bad, unfair, etc .. but that's a whole other discussion.


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  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    smoc wrote: »
    I'd love to see you try and take that turn and pull it off
    I think you're missing the point here. You chose to drive in those conditions. Snow doesn't drive, snow doesn't make cars lose control. People do that.


  • Closed Accounts Posts: 5,844 ✭✭✭Honey-ec


    smoc wrote: »
    No one likes a smart ass

    I do. In fact, I'm going to go and thank him right now.


  • Closed Accounts Posts: 5,844 ✭✭✭Honey-ec


    smoc wrote: »
    no matter how much i jammed on and tried to turn left i slid straight down about 15 - 20 feet into a girl in a clio waiting on the other side. I bumped into her and then hit the wall slightly.

    How Not to Brake in Snow Vol. 1.


  • Closed Accounts Posts: 4,091 ✭✭✭Biro


    smoc wrote: »
    yeah but it wasnt my fault. It was the snow. what year and make was that bumper you got? I could pick her up a bumper from the scrap yard. You often get mint stuff in there for half the price.

    BLOODY SNOW! :mad:

    BTW should i mention it to my insurance company or maybe leave it a until she comes back to me?

    It was your fault, you were driving. The snow caused you to skid, but ultimately you were behind the wheel of your vehicle in bad conditions. Blowing the horn and flashing lights isn't how to deal with snow. Jamming on the brakes isn't either.
    Pay the girl the money, and expect up to €600.


  • Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Just suck it up and fork out before she decides that's you're acting up and she suddenly gets whiplash.


  • Registered Users, Registered Users 2 Posts: 4,175 ✭✭✭Top Dog


    smoc wrote: »
    I'd love to see you try and take that turn and pull it off
    Since you quoted me when saying this I'd just like to respond by saying that I was out yesterday, driving roads over mountains with blanked snow 3-4 inches deep, narrow, twisty roads with inclines and declines. Guess what? I didn't crash into anyone or anything - because I managed to drive appropriate to the conditions. So I'd happily take on your corner, confident that I could take it without hitting anything.

    Oh and here's an example of the conditions I met yesterday ...

    snow7.jpg

    snow8.jpg


  • Registered Users, Registered Users 2 Posts: 1,310 ✭✭✭Harcrid


    smoc wrote: »
    I'd love to see you try and take that turn and pull it off

    If you thought you were not going to pull it off then you should have not have attempted it. Sorry, but all the blame is on you with this one.


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    The op surely cannot be for real here. They cannot get it in the head that they crashed into the girl and are totally at fault. To say that the other driver was at fault because she didnt reverse to avoid the collision is just silly. I can see many more smart arse comments coming if this stupid thread continues. Its crazy stuff and smart comments are all that it deserves tbh


  • Closed Accounts Posts: 9,438 ✭✭✭TwoShedsJackson


    What would you or an insurance company view this as? as act of god?

    ahahahhahahahahahahahahahahhahahahahahahahhahahahahaa.


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  • Registered Users, Registered Users 2 Posts: 1,857 ✭✭✭Bogger77


    smoc wrote: »

    I havent spoken since but i'm thinking if she comes back with a mad figure like 500 euro to replace the bumper should i even pay it? It was neither our fault even though she had a bit of time (5 seconds) to reverse a bit. Although, I dont know if I would have stopped by then anyway. What would you or an insurance company view this as? as act of god? I dont mind paying 200 euro but no more than that. I doubt a year 2000 renault clio front bumper is that much.:confused:

    Thanks for any advise guys

    Rear bumper for a 02 Corolla is 220e, without being color matched or fitted, or vat. Front bumper, if I remember right was over 600e for same car.


  • Closed Accounts Posts: 34,809 ✭✭✭✭smash


    http://www.micksgarage.ie/Fog-Lamp-Clio-1998-2001-72802 €107.27
    http://www.micksgarage.ie/Fog-Lamp-Clio-1998-2001-72801 €81.86

    remember this is without fitting and paint. There may also be parts behind the panel that need to be replaced!


  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,663 CMod ✭✭✭✭faceman


    I think the OP gets the point now, he's snowed under with smart replies! ;)

    OP, your best bet is to ring a Renault dealer to get a ball park figure of what it could cost - worst case.

    If she comes back with a figure higher than that then offer to have it repaired at a renault dealer yourself.


  • Closed Accounts Posts: 9,330 ✭✭✭Gran Hermano


    But as the OP was at fault he can not dictate where or how it is fixed.
    She can choose where it's fixed and if he throws his toys out of the pram
    she can claim off his insurance. It's in the OPs interest to pay up as she
    likes unless he's happy going down the insurance route.


  • Registered Users, Registered Users 2 Posts: 67 ✭✭blanco


    The OP should still make a report to the Gaurds, though. Shouldn't he?

    They take a very dim view on people saying that they didn't want to bother them, as it's not going through insurance companies.

    The Clio driver probably has already made a report. So, he'd want get down there sharpish.


  • Registered Users, Registered Users 2 Posts: 1,857 ✭✭✭Bogger77


    blanco wrote: »
    The OP should still make a report to the Gaurds, though. Shouldn't he?

    They take a very dim view on people saying that they didn't want to bother them, as it's not going through insurance companies.

    The Clio driver probably has already made a report. So, he'd want get down there sharpish.
    based on the OP's version of events, he'd be lucky not get away with a cauation for dangerous driving!!
    he should log it with the cops, and with his insurance company, just in case. I think he's got to register it with his insurance company within a specified time, or else they can refuse liability.


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  • Registered Users, Registered Users 2 Posts: 1,310 ✭✭✭Harcrid


    blanco wrote: »
    They take a very dim view on people saying that they didn't want to bother them, as it's not going through insurance companies.

    I'd imagine the cops would love not to be bothered with small bashes like this. Very little they can do except take details anyway.


  • Registered Users, Registered Users 2 Posts: 67 ✭✭blanco


    Celtxx wrote: »
    I'd imagine the cops would love not to be bothered with small bashes like this. Very little they can do except take details anyway.

    They love not to be bothered by most things IMO ;)

    A girl ran into the back of a friends car last year. Not much damage, so they exchanged details and went on their separate ways. The friend made a statement to the cops later that day.
    The cops called around to the girls house a few days later to ask her why she never reported the incident. And, told her she could be charged with driving without due care and attention.:D


  • Closed Accounts Posts: 1,270 ✭✭✭tin79


    Bogger77 wrote: »
    based on the OP's version of events, he'd be lucky not get away with a cauation for dangerous driving!!

    dangerous driving are you serious? for a slip on ice and a cracked bumper!

    its the OPs responsibility and liability but to suggest dangerous driving is just way off IMO, small accidents happen there must have been thousands over the last few days


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    tin79 wrote: »
    dangerous driving are you serious? for a slip on ice and a cracked bumper!

    its the OPs responsibility and liability but to suggest dangerous driving is just way off IMO, small accidents happen there must have been thousands over the last few days

    Well normally I would agree with you, but if the op goes in to the cops reporting this accident and then starts saying stuff like it was her fault and she should have got out of the way of his car even though she was stopped and minding her own business and then to really prove that he wasnt at fault he will tell the guard that he had his light on (full beams no doubt) and horn blowing. I mean how could the other driver have been so stupid as to be a good driver in control of her car in the same conditions as our op. the cop could well tell him to get out of his sight FAST.


  • Registered Users, Registered Users 2 Posts: 23,084 ✭✭✭✭Esel
    Not Your Ornery Onager


    tin79 wrote: »
    dangerous driving are you serious? for a slip on ice and a cracked bumper!

    its the OPs responsibility and liability but to suggest dangerous driving is just way off IMO, small accidents happen there must have been thousands over the last few days
    It is not the consequences of the driving that determine if it is dangerous, it is the driving itself. If the OP here had killed a mother and child after losing control of his car, would that make it dangerous driving in your eyes? For instance, a driver who loses control of their vehicle and crashes into a wall or runs off into a field, with no other vehicle or person involved, could still be guilty of dangerous driving.

    Not your ornery onager



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  • Closed Accounts Posts: 74 ✭✭francish


    The OP is either stupid or is having a laugh, end of discussion.


  • Closed Accounts Posts: 50 ✭✭ecdl07


    :eek:Don't mean to worry you or nothing! My friend was in a minor crash there a few months ago! There was about 200euros worth of damage done to my friends car and the person she crashed into had about 400euros worth of damage. My friend agread to pay for it and she thought every thing was grand about a week later she got a phone call her and the person that was driving the other car said that she was really badly injuried and wanted her to pay about 30000! for her injuries!


  • Closed Accounts Posts: 50 ✭✭ecdl07


    The cost of the bumper is only around 100euro excluding labour


  • Closed Accounts Posts: 9,438 ✭✭✭TwoShedsJackson


    ecdl07 wrote: »
    The cost of the bumper is only around 100euro excluding labour

    That might be so but there's VAT which'll put another 21% on it, 3-4 hours labour at probably at least 70 an hour etc. etc. - he's not going to see any change from at least 500, and probably not a lot out of 600.

    As for people claiming injuries, that seems to be endemic among a certain sort of person - my wife was hit from behind by someone when she braked to allow an ambulance exit a fire station and straight after, the female passenger in the car that hit her starts complaining about whiplash.

    As soon as she hears that her boyfriend is liable because he hit her from behind, she shut up and never made another peep :rolleyes:


  • Closed Accounts Posts: 129 ✭✭smoc


    ecdl07 wrote: »
    The cost of the bumper is only around 100euro excluding labour

    Got a quote yesterday for 100 brand new plus 60 euro labour from my local garage so well chuffed with that and thanks. By the way I sent an e-mail there now to my insurance company/broker. I couldnt manage to ring them before they closed but my policy details says to send written confirmation anyway.

    I could go on on how she was actually more to fault such as how close she was to the top of a one lane bridge when I was blowing my horn like a mad man coming over and how she could have rolled back a little (although not actually obliged to do so (fair enough)) or how she could well have a learners permit and that she shouldnt be driving on her own regardless of the fresh snowy conditions.

    I was thinking I might have been able to avoid it if I immediately put the car into reverse seen as all I thought I could do was slowly watch myself slide. Its a pitty because it might have worked too.

    In saying all that it will be sorted. Its such a minor collision I rather have a hundred of them then one serious one. Thanks to all whom replied especially all those who posted negative comments. It is truely funny to see people write like experts on things they know nothing about seen as they were not there when it happened


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Thanks to all whom replied especially all those who posted negative comments. It is truely funny to see people write like experts on things they know nothing about seen as they were not there when it happened

    People can only base their comments on the information you provide.


  • Registered Users, Registered Users 2 Posts: 1,121 ✭✭✭Keith C


    smoc wrote: »
    Got a quote yesterday for 100 brand new plus 60 euro labour from my local garage so well chuffed with that and thanks.

    dont be too chuffed, she may (and is entitled) to go to the garage of her own choice, who may offer her the use of a car while repairs are being done & you will have to cover that charge (if it comes to that)

    just a heads up


  • Closed Accounts Posts: 74 ✭✭francish


    smoc wrote: »
    Thanks to all whom replied especially all those who posted negative comments. It is truely funny to see people write like experts on things they know nothing about seen as they were not there when it happened

    I am not an expert but I know that if I crashed in to someone (who has done nothing wrong), I am at fault. I feel sorry for you in that it could happen to anyone but dont blame others.


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Op is having a laugh with us.


  • Closed Accounts Posts: 129 ✭✭smoc


    Keith C wrote: »
    dont be too chuffed, she may (and is entitled) to go to the garage of her own choice, who may offer her the use of a car while repairs are being done & you will have to cover that charge (if it comes to that)

    just a heads up

    Well if shes that much of a bitch then i'll be nasty back. I was in a situation about 4 years ago where this lad about 25 at the time crashed into the back of me and yes I had to pay for a bus during the repair but in fairness even though it was defo his fault I did all I could for him because at the end of the day I felt sorry for him. He said he took his eyes off the road for two seconds and ended up crashing into the car behind me which knocked me off my bike through the force of them pushing forward into me. I hope Karma repays me now.


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