Car accident

Dylan69

Had a little accident and the whole thing as blown out of proprotion. :mad:

Driving downhill one evening in a country road and coming round to a bend , car coming up so we both braked...he went into the bank and i followed into him due to slippery road. Both drivers were fine! Damage was to the front/side bumper and lights smashed for both cars.
I rang the gardai...told me to swap details and leave at that! We did it. At no point did neither of us said who fault...the word "accident" came up repeatly. We then talk to our insurance people to sort it out!

Took the car to garage and it being deemed as a write off due bad damages and value of it exceeds the value of car

I have full comp on the car and the other driver has 3rd party! other driver's solictor has been onto us and said i are fault and i must accept full liablilty or bring me to court!!!

I once never said it was my fault.Now the driver deemed to be injured all of the sudden after driving off calmly..

I'm annoyed!!! What the best way to deal with it or am i really f***ed???:mad:

seamus

Report the incident to your insurance company, do not admit liability. The solicitor is simply trying to do the best by his client, so if he can get you to admit straight up, that's the best outcome for his client. You are not obliged to admit anything to him.

Also, the circumstances aren't clear. So he braked, going straight across the road (i.e. in front of you) and into the ditch. Then you braked and slid into him?

MarkR

You would be i'm afraid. It is always assumed that the following car is the cause of an accident as that car should have left adequate braking distance to avoid contact. Weather conditions don't come into it really.

PCPhoto

talk to a solicitor and get them to give you advice and probably best to ask them to write a letter similar to the one you received.... "fight fire with fire".

it was an accident ..... these things happen..... I'm curious what the other driver would have done if you were not there (no-one else to sue)

Dylan69

Insurance are aware of this but its been ongoing for over a week and now the letter from the solictor top it all.

He hit into the bank and then 1-2 sec i hit him (which he claimed it was 6 seconds, what a joke) , it was that close. we both were coming round a bend , that why in my view the indicent occured and it was easier for him coz coming up hill and im downhill to brake and avoid each other. But the road itself is not passable...u almost have to stop and drive on a bank/grass area to pass each other.

seamus

I'm still not entirely clear on the incident - did he hit the bank on his side or on your side?

h3000

MarkR wrote: »

You would be i'm afraid. It is always assumed that the following car is the cause of an accident as that car should have left adequate braking distance to avoid contact. Weather conditions don't come into it really.

They were traveling in different directions and seem to have hit head-on(ish). I would say whatever side of the road the cars came to a stop on would have some impact on the outcome.

All facts about the accident would need to be known to have any idea of what the outcome would be. Not that the insurance companies would care what we think.

Anyway get on to your insurance company and let them sort it out.

carly_86

If your driving down a country road the rules are if you crash you pay for your own car

Dylan69

other driver coming uphill pulled in the bank/grass area to his left and my car hit his right side of the car. The road is wide enough for 1 car really!!:mad:

seamus

I would say as a rule, and all other things being equal, that the vehicle which was moving at the time of the collision is the one that was at fault.

Leave it with your insurance company.

OldmanMondeo

It will probably end up 50/50. ie. you pay for yours, he pays for his. Speak to your insurance company, tell them it was not your fault. They should fight the claim and they will have the legal back up as well.

Dylan69

Thanks guys,

After reading these post sort help me think that things are not always that bad. Almost vomitted when i read the letter. Sickening. Lost my appetite for lunch though!

smash

Dylan69 wrote: »

other driver coming uphill pulled in the bank/grass area to his left and my car hit his right side of the car. The road is wide enough for 1 car really!!:mad:

Sounds like he pulled in and you hit him in which case it is your fault. Sorry man.

Dylan69

evogirl

from what i can make out, id say its 50/50. if you ask me i reckon the other driver is chancing his arm because he only has 3rd party cover.

Nforce

Did the Gardai attend the accident? Any photographic evidence or 3rd party witnesses?

oldyouth

OldmanMondeo wrote: »

It will probably end up 50/50. ie. you pay for yours, he pays for his. Speak to your insurance company, tell them it was not your fault. They should fight the claim and they will have the legal back up as well.

Settling a claim 50/50 means that he pays half of your damage and you pay half of his damage. It doesn't mean you settle your own loss

Dylan69

Gardai did not attend after speaking to both that we were fine and advise me to swap details and let insurers sort it out.

Other driver was good enough to accept that...if he claiming that he was injured at the accident then he should have insist gardai presence or even an ambulance.

Dylan69

Not sured if he was peed off coz he only got the car 3 weeks before the accident!

peasant

carly_86 wrote: »

If your driving down a country road the rules are if you crash you pay for your own car

What country would that road be in? Fairyland?

evogirl

oldyouth wrote: »

Settling a claim 50/50 means that he pays half of your damage and you pay half of his damage. It doesn't mean you settle your own loss

in my experience, 50/50 is that you each pay for damage to your own car. thats the way it worked when i had a minor tip on a country road.

carly_86

peasant wrote: »

What country would that road be in? Fairyland?

A road in the country

OldmanMondeo

oldyouth wrote: »

Settling a claim 50/50 means that he pays half of your damage and you pay half of his damage. It doesn't mean you settle your own loss

50/50 as in blame not costs.

evogirl

carly_86 wrote: »

If your driving down a country road the rules are if you crash you pay for your own car

its not always as black and white as that :rollseyes:

robtri

From what I can read of this, I would say you are completely at fault, unless he crossed and hit the bank on your side of the road.
If it was that he braked and came to a stop on the bank on his side of the road, and then the collision occured between your car and his, then I am sorry to say you are completely at fault,

Don't get too worked up by the solicitor letter, this is common practise and it is just the solicitor and other driver making their stance that you are at fault and that unless you admit liability to your insurance company for the accident, then they will ahve no choice but to put his matter before a judge to get him to rule who was at fault....
It sounds like a standard letter... pass it over to your insurance company and let them deal with it, or if you believe that you are in the right, engage your own solicitor and seek legal advice on how best to proceed.

James Howlett

The biggest factor will be who was on who's side of the road.
Unfortunately technicalities are usually the deciding factors in these cases.

Solicitors letters do have the power to make you feel like you have just been punched simultaneously in the face and stomach but they are done just to scare you/ bully you into submission. Stick to the truth and the facts with your insurance company.

h3000

peasant wrote: »

What country would that road be in? Fairyland?

Not too far off Peasant.

h3000

carly_86 wrote: »

If your driving down a country road the rules are if you crash you pay for your own car

carly_86 wrote: »

A road in the country

If each vehicle in the accident is more than half the width of the road (two way traffic) and if each vehicle was moving at the time of the accident the insurance company may call it a 50/50, totally up to them though.

Dylan69

James Howlett wrote: »

The biggest factor will be who was on who's side of the road.
Unfortunately technicalities are usually the deciding factors in these cases.

Solicitors letters do have the power to make you feel like you have just been punched simultaneously in the face and stomach but they are done just to scare you/ bully you into submission. Stick to the truth and the facts with your insurance company.

Thanks for all the advice , encouragement and informations. I think i will get onto to the insurer and stick to the story as stated before.

I appreciate it, dont know where i be with you guys the posters!!!!

Big it up for Boards.....:)

Don't know where this will end up but i would like it over and done with!!!

Runied my lunch hour!!!:(

Anan1

steve06 wrote: »

Sounds like he pulled in and you hit him in which case it is your fault. Sorry man.

I have to say this is my read on it too.

Keith C

robtri wrote: »

From what I can read of this, I would say you are completely at fault, unless he crossed and hit the bank on your side of the road.
If it was that he braked and came to a stop on the bank on his side of the road, and then the collision occured between your car and his, then I am sorry to say you are completely at fault,

Don't get too worked up by the solicitor letter, this is common practise and it is just the solicitor and other driver making their stance that you are at fault and that unless you admit liability to your insurance company for the accident, then they will ahve no choice but to put his matter before a judge to get him to rule who was at fault....
It sounds like a standard letter... pass it over to your insurance company and let them deal with it, or if you believe that you are in the right, engage your own solicitor and seek legal advice on how best to proceed.

why are people recomending getting soliciters involved?? its a waste of YOUR money, just advice the insurance company & let them deal with the other insurance company/ solicitor, thats why you pay your premium. Its only a small accident with no personal injuries.

carly_86

h3000 wrote: »

Not too far off Peasant.

Cop on

robtri

Keith C wrote: »

why are people recomending getting soliciters involved?? its a waste of YOUR money, just advice the insurance company & let them deal with the other insurance company/ solicitor, thats why you pay your premium. Its only a small accident with no personal injuries.

pls. read my post fully before highlighting certain area's... I said to seek legal advise only if he thinks he is in the right....

oldyouth

evogirl wrote: »

in my experience, 50/50 is that you each pay for damage to your own car. thats the way it worked when i had a minor tip on a country road.

I can't speak for how your claim was settled but Insurers use the system that I outlined previously. If you were both with the same insurer and the amounts were similar, they might have dealt with it internally as you say

Anan1

oldyouth wrote: »

I can't speak for how your claim was settled but Insurers use the system that I outlined previously. If you were both with the same insurer and the amounts were similar, they might have dealt with it internally as you say

Quite possibly, in the case of a collision between two moving cars. According to the OP, however, the other car stopped and then the OP hit them.

slimjimmc

Anan1 wrote: »

Quite possibly, in the case of a collision between two moving cars. According to the OP, however, the other car stopped and then the OP hit them.

Insurance might take the view that if the other driver had time to react and stop then so should the OP and perhaps the collision could have been avoided. Also appropriate speed for the conditions might go against the OP because obviously he wasn't able to stop in time whereas the other guy was.
I'd guess the OP is facing at best 75/25 against, considering the narrow road; 50/50 unlikely imo.

evogirl

oldyouth wrote: »

I can't speak for how your claim was settled but Insurers use the system that I outlined previously. If you were both with the same insurer and the amounts were similar, they might have dealt with it internally as you say

ah we didnt go through insurance, well i didnt anyway. It wouldnt have been worth claiming for considering how much it would have increased my premium.

colm_mcm

Unfortunately, It sounds as if it is entirely your fault. the other car got out of your way but, you still veered to the other side of the road, and into the ditch on the wrong side. the other party is completely in the right here. it could be argued that they swerved off the road to avoid you, but you still skidded off the road into their path. sounds like you don't have a leg to stand on.