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Caused crash - car wrote off - Opinions

  • 23-05-2009 4:45pm
    #1
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭


    Guys
    Was the cause of a crash up the road from my house today. Went the to right down our side road and never spotted a car coming towards me. :(
    Thanks God know one was killed, my 2002 Audi A4 will probably be wrote off as I took side impact and spun around on the road. Am marked around ribs, groin, arms etc but pride is more hurt.

    The other driver walked out (he was driving an 2009 A3!), but his partner was taken to hospital with neck and back complaints and had to be stretcher out of the car. The driver was very sound about it with respect to him and I cannot but claim fault with this.

    A few questions please based on people experience.

    What if they decide to write it off could I expect to get.
    The car as I said is an 2002 A4, 1.9TDI, 130bph. Not that it makes a bit of difference but it had every extra I could have go, leather, 17" alloys, symphony 6 CD radio, park sensors, cruise controls, zeon light, light washers not sure what else. 100k miles.
    Just passed the NCT which is sickening.

    CBG prices range from 7950 to 14,000 euro.
    So would I be correct in thinking they will value it about 7 or 8 k???


    Also with the other people car, if it has to replaced it will murder my insurance!!!! I have 12 years no claims.

    Timescales - I have reported the crash, so based on your experience how long does it take from the report to the assessor to the decision to the money or car been fixed!!!

    Thanks for your help, I feel suck an idiot but thank God know one was killed as the guards reckon the reason we were not is that we were both driving Audi's.


Comments

  • Registered Users, Registered Users 2 Posts: 1,389 ✭✭✭cianclarke


    Afraid I can't offer any advice, but glad to hear nobody was killed. Hopefully the other car's passenger will have a swift recovery - sorry to hear about the misfortune, and the loss of your car. I know I'd be gutted :(
    Best of luck


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    Thanks Cian, just off the phone to the other driver and the lady has a broken bone in her back. I am really gutted to hear that as I know the potential implications it can have for her in work/sport etc etc. :( Hearing that has made it worse now as I won't want any harm to anyone.


  • Closed Accounts Posts: 7,134 ✭✭✭x in the city


    thats bad news, you drove out infront of someone?

    what speed was the car travelling at?

    this is a solicitors job i think. but it seems you are liable for the costs of the other partys car.

    as for your car, well im sure you know from the damage if its a write off or not, all the extras mean sod all really.

    hope things work out and the injurys are not too serious


  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    this is a solicitors job i think. but it seems you are liable for the costs of the other partys car.

    Inform your insurer, sign the sheet they send you admitting liability, forget about the whole thing and move on. Your premium will go up, but such is life, and this is why we have insurance.

    The insurer will offer you what your car is worth, and you can dispute this if you feel they are valuing it too low. Their assessors use carzone as a guide too believe it or not.

    As regards the other persons car, of course you are liable. And you are also liable for the injuries. The compensation for the injuries will most likely far outweigh the value of the 2009 Audi, as it should.


  • Registered Users, Registered Users 2 Posts: 9,560 ✭✭✭DublinWriter


    Just let your insurance company deal with it and be thankful that no one was seriously injured.

    The insurance company should send out a loss assessor/adjuster within a couple of weeks. If the other party/parties decide to file a civil action against you, then it could be a long and protracted process. Either way, kiss your no-claims-bonus goodbye.

    You're probably still in shock over the whole thing. Just chill and be thankful for 'Vursprung Durch Technik'.


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  • Registered Users, Registered Users 2 Posts: 2,626 ✭✭✭timmywex


    Just let your insurance company deal with it and be thankful that no one was seriously injured.

    .

    ?? The woman was taken out on a spinal board/neck brace(normal procedure) and now has a broken bone in her back, thats potentially very serious!


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    I understand what you are saying. I am concerned for her big time, she will be reassessed on Monday so I hope she will be ok.

    The civil thing worries me for sure, how bad can that get? I have never heard of that happening before.

    I will have to say what the assessors say when they come out, I was under the impression that they would be out early next week, but this does not seem to be the case.


  • Registered Users, Registered Users 2 Posts: 106 ✭✭pitstop


    YOP

    So sorry this happened to you. It just goes to show that bad things can happen to good people too! Keeping my fingers crossed for you and the passenger.

    Pitsy (ex self builder!)


  • Registered Users, Registered Users 2 Posts: 980 ✭✭✭macroman


    YOP sorry to hear of your accident. Same thing happened to my Dad when an uninsured drunk driver pulled out in front of him. His insurers were on the mark with sorting him out with a rental and getting his car repaired - he was back on the road in 10 days! As regards compensation for his injuries 2 years on and it's still ongoing - but he's slowly recovering (back injury & collapsed lung). Sadly the drunk driver will never be brought to justice as he jumped the country :eek:

    At least you're being up front and sensible about the whole thing. Accidents happen, once you're fully comp you should be fine with regards expenses (you'll have to pay excess of course). With some luck the woman will recover fully.


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


    yop - I think the best thing you can do here is to just stop worrying and let the insurance companies deal with it. It was an accident, and that's why we have insurance - it will be a big claim, and it'll be a few years before your insurance normalizes, but such is life. You can't roll back the clock, so stop beating yourself up over it and move on with your life.:)


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  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    Thanks for the messages lads, I know I have walked away after doing a 360 degree turn but I suppose its the annoyance of putting this poor girl in hospital by my stupidity.

    As long as she is ok I dont care what my premium is.


  • Registered Users, Registered Users 2 Posts: 6,675 ✭✭✭ronnie3585


    yop wrote: »
    The civil thing worries me for sure, how bad can that get? I have never heard of that happening before.

    If you admit liability for the accident then the claim will be deal with by your insurance company. Given the extent of the other passenger's injuries I'd say you can be guaranteed that there will be a big claim. However, this is exactly why we pay for insurance. It may or may not go to court depending on whether the quantum of compensation can be agreed between the parties. As far as you're concerned you will have a fair bit of form filling to do and your insurance premium will be, probably badly, affected but you can rest easy that the civil case will not go further than your insurance company.


  • Registered Users, Registered Users 2 Posts: 3,235 ✭✭✭Dave147


    Sorry to hear about your crash, you sound completely genuinely bad about it, I'd hate to be in your position and I feel sorry for you aswell as the poor girl, but you didn't set out to injure anyone it was an accident so don't let it get you down too much. I was in a crash last week, wasn't my fault and the girl who caused it couldn't have been nicer, we both would've been badly injured except I swerved around her to reduce the impact. Point is, she was so nice and genuinely sorry for her mistake that I just couldn't be angry with her and ended up consoling her.

    So don't beat yourself up over it, nobody is dead, if she's injured she'll be compensated for it. Best of luck and I hope everything works out well for both parties :)


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    I don't think the gravity of what has happened has sunk in yet with the OP.
    There is little point in berating him tonight. He will say it all himself tomorrow.


  • Registered Users, Registered Users 2 Posts: 2,930 ✭✭✭Martron


    you cant turn back time. its all easy for us to say forget about it. but the hardest price you will have to pay is knowing what you did.

    money is nothing when everyone is safe. it could have been worse. everyone is alive.

    try not to worry too much about it. and dont be too hard on yourself. accidents happen./ nobody was killed and thats what insurance is for.

    my best wishes go to the injured woman.

    you can do nothing now. let time do its job.


  • Closed Accounts Posts: 71 ✭✭jamesO


    It will depend on how the lady fairs out back damage is very tricky, i was in a bad smash 13 months ago with a drunk driver and while i've been in pain all this time the docs only last week found a broken bone in my lower spine (secrum) after 3 mri's. Still have to go for a bone scan. So fingers crossed she'll be ok but it will take time. My insurers used the current market value of my car from auto trader. I bought it for 30k they gave me 26k as it was 5 months old no extras can be included alloys etc.. Anyway good luck..................

    jO-(


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    Thanks James,
    Still waiting news back on the passenger injured.

    Someone told me to go to a solicitor but I think at this stage there is no argument so I can't see the point.


  • Moderators, Business & Finance Moderators Posts: 17,857 Mod ✭✭✭✭Henry Ford III


    Tough break Yop. Glad the injuries are not too serious.

    You'll probably loose your ncb, and after that who knows? What did the cops say?


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    Aye 12 years down the pipe. The 3rd cars damage will cost will be 1k euro which is not too bad.

    The guards asked me what happened and I explained, my brother in law and I both agree that I was in the wrong. The cops said that if I didnt accept liability then they would have to take a dangerous driving charge against me.
    I have been told since that the spot where it happened has had lot of crashes over the year as its a "blind spot". But even with that, hand on heart I was wrong and when I looked before turning they were not there.

    The girl is my main concern, as long as she is "ok", as it will be a number of week/months before she will be right.

    The assessor is due out this week. The car is sitting in the yard where it was towed to, the guy in the yard said he will get as much for me as possible, not sure what his motives are.
    I have had offers from here for the leather seats. Going by the VRT calculator its worth 8800, average price on CBG is 10k euro. But thats the minor issue here at the minute.


  • Moderators, Business & Finance Moderators Posts: 17,857 Mod ✭✭✭✭Henry Ford III


    The money side will sort itself mate. Don't fret about it. More important thing is people.


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  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    Hey Yop,

    Sorry to hear about the crash, it's pretty awful when something like that happens but you sound like a very nice guy (or gal) and there is no point in getting yourself in too much of a tangle over it as you can't change what's happened now.

    Do you have step back or no claims protection on your insurance?
    Where was the junction (out of curiosity)


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    Where was the junction (out of curiosity)
    I wouldn't give specifics in public, liability and all that.


  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    Hagar wrote: »
    I wouldn't give specifics in public, liability and all that.

    He's accepting liability!!!

    I ask because I was in a very bad smash at a very bad junction with a history of accidents. At the time, my solicitor advised that I sue the council and the truck driver that hit us. Because my husband's insurance company accepted liability before having any of the facts and without notifying us that they were doing so, we were unable to claim damages from a third party.


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    I know he is saying that now but there will still be a court case, his lawyer may well advise him on a course of action just as yours did. Public admission of liability may compromise that.


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    No word of court case at this stage. The guards wont be taking this further, so they told me on Saturday evening.


  • Moderators, Business & Finance Moderators Posts: 17,857 Mod ✭✭✭✭Henry Ford III


    The injured still could though Yop.


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    The injured still could though Yop.

    But that will go through my insurance?
    I know this is not a legal forum, but in a word can I personally be liable?Should I go and get legal advice?


  • Registered Users, Registered Users 2 Posts: 2,658 ✭✭✭old boy


    hi yop, it is now out of your hands, regardless of the op injurys, you now have no imput into this, it is between the injured party and your insurance company, so stop worrying, get on with your life, it may seem like the end of the world but it is not, just make sure that if you are feeling stiff and sore in the next few days make sure that you get yourself checked out, you well may be carrying an injury but as you may be running on ardrelinian you will not notice it.


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    old boy wrote: »
    hi yop, it is now out of your hands, regardless of the op injurys, you now have no imput into this, it is between the injured party and your insurance company, so stop worrying, get on with your life, it may seem like the end of the world but it is not, just make sure that if you are feeling stiff and sore in the next few days make sure that you get yourself checked out, you well may be carrying an injury but as you may be running on ardrelinian you will not notice it.

    Thanks, I know what you are saying. I should probably cop on and move on but I feel bad if I injure on a soccer pitch never mind hurt someone who was out minding their one business :o

    Physically I will be ok, am well marked and bruised but nothing fatal. The worst thing is that I seem to be tired ALL the time! I have been training 6 or 7 nights a week for the last 5 months, not been able to do this is not great, but I could be like that girl in hospital, so should cop on.


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  • Registered Users, Registered Users 2 Posts: 4,405 ✭✭✭Dartz


    Shame about the cars...

    An '09 you say?


  • Registered Users, Registered Users 2 Posts: 2,119 ✭✭✭Tails142


    I think you're wrong to admit liability.

    If it was a blind bend as you say where a lot of accidents occur and you're unsure what speed the other car was going (pretty fast by the sounds of it if you spun 360) then I wouldnt hold yourself fully responsible. Were you supposed to use your psychic powers when deciding to make your right turn?

    And what is that about the garda saying they would have to charge you with Dangerous Driving if you didnt accept responsiblity for the accident? Was the garda a friend of the guy you crashed into - how is he to know if you were driving dangerously if he didnt witness the accident?


  • Registered Users, Registered Users 2 Posts: 1,132 ✭✭✭bazzachazza


    Sorry to hear about the accident YOP.

    She may be injured BUT at least she is not dead.

    At least you won't have any points or any convictions against you.

    You will lose your NCB and will pay a hefty premium for a few years but thats nothing compared to what you are feeling right now and nothing that anyone says to you can be any worse than what your are telling yourself either.

    Accidents happen mate.

    Somewhat similar incident happened my cousin driving what at the time was a civil defense fire engine Bright red it use to be, he came out of a field looked one way then the other, good straight to the first bend looked again then moved out a young gentlemen in his motor vehicle came around the bend at a rate of knots and hit the big red fire engine. You can never tell what was happening in the other car at the time. Was he speeding,arguing with the passenger, talking with his head turned or one of many other things ? You will never know.

    Whats happened has happened. Let your insurance and there insurance company sort it out thats what you have been paying them for for 12 years or more.

    Do your bit and return all documentation as soon as you can. Theres nothing worse than trying to deal with someone who has hit you and then tries to stall.

    Good luck mate and hope she gets well quick.;)


  • Closed Accounts Posts: 3,413 ✭✭✭HashSlinging


    Chin up mate, your head must be wrecked ATM.. your an honest guy and as the lads are saying its out of your hands now. The injured party is in the best place now getting treatment, this is the reason you pay for your insurance. Your still in shock so best to take a couple of days off no matter the temptation is to go back to work.

    Try not to feel to guilty and look after yourself and only get back on the road when your ready. If your full comp, your entitled to a loner car for a couple of days, they can be expensive after your free time runs out. Also if you can ndont accept the ins companies first offer of cash for your old car, tell them how well it was looked after and the extras it had. They will always go in at the lowest possible price (insult).


  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    Hagar wrote: »
    I know he is saying that now but there will still be a court case, his lawyer may well advise him on a course of action just as yours did. Public admission of liability may compromise that.

    fair enough - and I do agree with you but it seems to me the OP is not going to get a solicitor.

    It is true though OP that if it is a bad bend then it may not have been your fault. In my case, even though the insurance company admitted liability, it was not our fault at all, it was a dangerous bend and the truck that hit us was overtaking and hit us on the wrong side of the road. The junction were my accident took place, 6 people had died previously and it was only after my accident that they took action and changed the road.

    So OP, if there have been many accidents where yours took place, I would take this chance to right that wrong and try and make sure that noone else gets injured, bring it to the attention of the council.

    Also, for those saying he should not admit liability, he may not have a choice, his insurance company don't even have to notify him that they are admitting it on his behalf.

    one last thing, that exhausted feeling you have now, may be due to an underlying injury, get yourself checked out properly, your health is the most important thing right now.


  • Closed Accounts Posts: 1,502 ✭✭✭Zube


    Tails142 wrote: »
    And what is that about the garda saying they would have to charge you with Dangerous Driving if you didnt accept responsiblity for the accident?

    Absolutely disgraceful, if true. Consult a solicitor at once. An admission of liability under duress like that...


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  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    Zube wrote: »
    Absolutely disgraceful, if true. Consult a solicitor at once. An admission of liability under duress like that...

    Thats what he said to me. "are you taking responsibilty for this, i have to warn you that if you dont it will go to court and I will have to charge you with dangerous driving"

    I might get my side checked out, very sore and tender and no bruising, but its just probably muscle damage from the shunt and seat belt.


  • Closed Accounts Posts: 167 ✭✭Kartale


    [
    The assessor is due out this week. The car is sitting in the yard where it was towed to, the guy in the yard said he will get as much for me as possible, not sure what his motives are.
    I have had offers from here for the leather seats. Going by the VRT calculator its worth 8800, average price on CBG is 10k euro. But thats the minor issue here at the minute.[/quote]

    Sorry to ear about your accident

    On car the car front. The yard owner/tow guy is usually the one that ends up putting a salvage price on the damaged car and the Ins co will pay the difference to what the agreed value is.
    you can accept Ins value without accepting salvage value, and can then hawk your car to other salvage dealers to get a better price.
    But this may trigger the yard owner to charge you storage .
    To argue your point with ins co print off similiar versions from carzone etc in your favour and never accept their 1st offer.


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    thanks for that Kartle, I will do that.

    Just got work the girl is "ok", as in that no other damage done but out of work for 3 months and has to wear a brace. I have a sick feeling in my stomach about this now, maybe I need to get onto a solicitor!!!!! :(
    Or is it really pointless


  • Closed Accounts Posts: 167 ✭✭Kartale


    it might be no harm to contact solicitor, get some advice and a legal opinion, there will be little or no charge for this. I know your happy to accept liability but these guys are used to this and will know procedure


  • Closed Accounts Posts: 1,502 ✭✭✭Zube


    Kartale wrote: »
    I know your happy to accept liability

    No. Never, ever accept liability for anything at the scene, or in a statement afterwards until you have talked to a solicitor. You are just hanging yourself, possibly for nothing.


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  • Closed Accounts Posts: 167 ✭✭Kartale


    Liability has already been accepted to police !
    My point is more contact solicitor as they are used to dealings with insurance/claims/police and know proper procedure, some good advice might go along way


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    Kartale wrote: »
    Liability has already been accepted to police !
    Means absolutely nothing. A good solicitor will argue that his client was unfit to make a statement as he was suffering from severe shock and the gardaí failed to advise him of his rights at the time.


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


    Given that the OPs insurance co, and not the OP personally, is liable for damages here, should the ins co not be allowed to defend the claim as they see fit?


  • Closed Accounts Posts: 167 ✭✭Kartale


    As previously pointed out, i am not concerned about liability etc.. i was pointing out to OP that some legal advice might be a good idea


  • Closed Accounts Posts: 1,502 ✭✭✭Zube


    Anan1 wrote: »
    Given that the OPs insurance co, and not the OP personally, is liable for damages here, should the ins co not be allowed to defend the claim as they see fit?

    Too late. If the OPs story is true, the Garda already bullied him into admitting liability, so the insurance company can't defend it.


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