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Car accident advice.

  • 27-04-2009 11:58am
    #1
    Closed Accounts Posts: 16


    Hey guys.

    Yestarday I was in a accident involving another car which was not damaged.I was on a straigh road following 3 other cars which was going quite slow, came to a long straight so decide id over take them checked mirrors indicated and made my move.

    While I about half way overtaking the first guy he started to indicate and moved out forcing me onto a ditch. I avoided hitting anyone and pulled myself back onto the road and stoped. my front right wheele was buckled and alot of the underside if the car was riped out and bent.

    Heres the bad part I have insurance, but no tax or NCT. Also It was a very long straigh road but for some reason the part I overtook on was a full white line.

    Is it worth Claiming for this??


Comments

  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    Moved from Legal Discussion. Play nice guys :)


  • Closed Accounts Posts: 12,102 ✭✭✭✭Drummerboy08


    You illegally overtook, in a car that legally shouldnt have been on the road, you have nobody to claim off, (unless the other car stopped) so you will have to claim from the MIBI, which means more or less take the money out of my pocket, and you want to know if you should claim?

    No.


  • Closed Accounts Posts: 16 Fenlig


    He did stop and we exchanged details. What do you mean unless he stopped?


  • Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,754 Mod ✭✭✭✭delly


    Fenlig, you have nobody to actually claim against. If you do try to seek damages from the insurance fairies, i'd say you could end up in a worse position; dangerous driving, driving without due care and attention, driving a car thats unfit for the road, driving without tax etc. etc. etc.

    BTW, that continuous white line is there for a reason, you can't just disregard it because you think its a nice long straight road.

    Not cool man, not by a long shot!


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    He was at fault for moving out while being overtaken. That there was a solid white line is irrelevant.

    You may have a case for claiming from his insurance company, but you may also be found legally at fault. You can consult with your own insurance company to decide about what to do.


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  • Registered Users, Registered Users 2 Posts: 1,700 ✭✭✭ronaneire


    Fenlig wrote: »

    Heres the bad part I have insurance, but no tax or NCT. Also It was a very long straigh road but for some reason the part I overtook on was a full white line.

    Is it worth Claiming for this??

    No Tax or NCT? Anything else defective? The County Councils/Local Authorities don't paint solid white lines for the fun of it! They are there for a reason.


  • Registered Users, Registered Users 2 Posts: 5,473 ✭✭✭robtri


    he may be talking about claiming off his own comprehensive insurance....


  • Closed Accounts Posts: 16 Fenlig


    If I go to my insurance company about this and decide not to take action will they slap me in the face with this?


  • Closed Accounts Posts: 64 ✭✭awkward


    Fenlig wrote: »
    If I go to my insurance company about this and decide not to take action will they slap me in the face with this?

    Dunno, but i'd like to :mad:

    Take a ticket guys and get in the queue....


  • Registered Users, Registered Users 2 Posts: 7,739 ✭✭✭whippet


    isn't it illegal to over take at a junction .. that was probably the purpose of the white line.

    The lack of an NCT or TAX probably won't have any bearing on claming from your own policy, the only way to know is to ask them.


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  • Registered Users, Registered Users 2 Posts: 7,129 ✭✭✭Barr


    Fenlig wrote: »
    If I go to my insurance company about this and decide not to take action will they slap me in the face with this?

    Do you have comprehensive insurance ?


  • Closed Accounts Posts: 16 Fenlig


    Nope too poor


  • Registered Users, Registered Users 2 Posts: 7,129 ✭✭✭Barr


    Ok that leaves your policy out . TBH while you should not have been overtaking the same could be said of the first car that went to overtake.

    There will be some liability on him as well - he should have checked his mirrors before he pulled out.

    His insurance company will have no interest if your car is taxed or NCT'd .(The exception to this is if a defect caused the accident). This event was caused by driver error .


  • Registered Users, Registered Users 2 Posts: 406 ✭✭rocknchef


    Fenlig wrote: »
    Nope too poor

    must try this next time m tax is up... sorry Gaurd too poor.

    bit silly over taking three cars at once and on a white line. I would lick my wounds and be happy you or somebody else isnt dead


  • Moderators, Politics Moderators Posts: 42,144 Mod ✭✭✭✭Seth Brundle


    * No tax
    * No NCT
    * Solid white line
    * And you were the one that drove into the ditch (no contact made)
    Forget about winning any claim as you have no proof that he was going to move out (which I presume that he will deny!)


  • Registered Users, Registered Users 2 Posts: 1,210 ✭✭✭Pedro K


    Fenlig wrote: »
    Nope too poor
    You can't afford tax,
    can't afford a road worthy car.

    Do you have a license?

    Mate, you can't afford to be on the road.

    I hate the, I can't afford to tax my car, excuse.
    If that's the case, you can't affor a car, get a bus or a lift.

    Rant over.

    On topic. You haven't got anyone to claim off really.
    You can't claim off your own policy as there is now comprehensive cover.

    It will be very difficult to claim off his as there was no contact.

    Silly move altogether.

    :)


  • Closed Accounts Posts: 12,102 ✭✭✭✭Drummerboy08


    Troll FTW.


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