Minor accident - advice on how to proceed

Pininfarina

Just looking for advice and opinions following a minor car accident.

My girlfriend was at a junction waiting to join onto a major road. She was stationary, waiting for a gap in traffic. While just about to move off onto the major road, she was hit at the rear left of her car (just over the wheel arch).

The driver of the other car admitted he was in the wrong straight away. Said he had swerved to avoid another car and didn't see my girlfriends car. This other car which he had swerved to avoid was nowhere to be seen.

The guards were called; statements were taken and insurance details swapped.

All fine.

Now however, the driver of the other car has changed his story. He has had his insurance company contact my girlfriend claiming it was a 50/50 incident and each should cover their own damages.

The damage to my girlfriends car is more substantial than the damage to the other driver's car.

Just wondering how best to proceed here?

Random

Have her report it to her insurance company and let them advise you.

CharlieCroker

tell her insurance company that she in no way admitted liability and that he did. also give them the details of the garda who attended the scene. they'll look for his statement and the circumstances of the accident

thebiglad

Need just a little bit more information.

1st thing is that any admission of liability at the accident is not accepted by the other party's insurer anyhow - it does of course indicate their state of mind at the time - i.e. feeling responsible.

Were there any (preferably independent) witnesses?

Watch manoeuvre was the other vehicle making prior to colliding, i.e. was your GF waiting to turn left (and positioned against left kerb) or turning right and positioned to centre. Was the other vehicle passing your GF travelling in same direction or, coming from the opposite direction (turning into junction from which GF was exiting).

It is strange that the 1st offer from Insurer is a each bear own losses settlement - this is not a strong opening position for a negotiation!

Unless you have comprehensive insurance and intend to make a claim (keep in mind your excess) it is not worth notifying your own insurer - of course if a claim is made against you then you have no option.

Write to the other insurer setting out clearly what happened and where the damage to your vehicle is. If it will be your statement that your car was stationary (behind the stop/give way line) make sure that point is clearly stated along with where the damage incurred to your vehicle is (ie rear) - if these 2 statements are correct then it is hard to imagine how you can be considered at fault.

Remember the other insurer will accept the version of their policyholder (you would expect your insurer to believe you) unless facts can be presented which will demonstrate that the argument is not logical.

Take photos of the damage and get an estimate for repair to prove the extent of damage and that it is immediately following the incident (in case something else happens!).

Finally, if you took your policy via an insurance broker you make have an assistance policy - if so notify this company, they can pursue a recovery on your behalf (at no cost to you) including if appropriate use of Solicitor and court action.

thebiglad

CharlieCroker wrote: »

tell her insurance company that she in no way admitted liability and that he did. also give them the details of the garda who attended the scene. they'll look for his statement and the circumstances of the accident

Unless persons injured the Garda will not have taken a proper statement - they simply do not have time to investigate every bump or scratch incident.

If OP goes to Garda station to report then their version will then be on record etc but Garda will not follow up with an investigation so not worth too much.

By the way, who is the other insurance company that on their client's instructions will call OP to make such an offer - are you 100% sure it was someone from the Insurer??

Pininfarina

thebiglad wrote: »

Were there any (preferably independent) witnesses?

My GF's mother in the passenger seat so no independent witness.

thebiglad wrote: »

Watch manoeuvre was the other vehicle making prior to colliding, i.e. was your GF waiting to turn left (and positioned against left kerb) or turning right and positioned to centre. Was the other vehicle passing your GF travelling in same direction or, coming from the opposite direction (turning into junction from which GF was exiting).

My GF was stationary, waiting to turn left on to the major road. The other party came from behind with the intent to move off in the same direction, i.e. to also turn left on to the major road.

thebiglad wrote: »

Unless you have comprehensive insurance and intend to make a claim (keep in mind your excess) it is not worth notifying your own insurer - of course if a claim is made against you then you have no option.

3rd party, fire and theft

Random

I would ignore the people telling you not to notify your insurance company. You should notify them now while the dispute is still fresh so they have a chance to investigate and defend it. If you don't tell them then 6 months down the line they're not in a great position.

CharlieCroker

Random wrote: »

I would ignore the people telling you not to notify your insurance company. You should notify them now while the dispute is still fresh so they have a chance to investigate and defend it. If you don't tell them then 6 months down the line they're not in a great position.

+1

Tell your insurance company!!!!!!!!!!!!

slimjimmc

thebiglad wrote: »

Unless persons injured the Garda will not have taken a proper statement - they simply do not have time to investigate every bump or scratch incident.

If OP goes to Garda station to report then their version will then be on record etc but Garda will not follow up with an investigation so not worth too much.

By the way, who is the other insurance company that on their client's instructions will call OP to make such an offer - are you 100% sure it was someone from the Insurer??

Yeah. AFAIK if the Garda did not witness the incident as it happened then they cannot give any evidence on the cause without conducting a proper investigation (close road, measure positions of vehicles, debris, skid marks, take statements from witnesses, etc). They're certainly not going to do that for a bit of a fender bender.
They can however give evidence of any statements or admissions made which they witnessed, just like any other person at the scene can do. Handy if someone backtracks on an admission but not foolproof since the admission could be claimed as resulting from shock or panic.

Seth Brundle

Pininfarina wrote: »

My GF was stationary, waiting to turn left on to the major road. The other party came from behind with the intent to move off in the same direction, i.e. to also turn left on to the major road.

If the third party hit her from behind then (and she was stationary) its entirely their fault. How is he saying she is partly responsible?

Rev. BlueJeans

Pininfarina wrote: »

My GF was stationary, waiting to turn left on to the major road. The other party came from behind with the intent to move off in the same direction, i.e. to also turn left on to the major road.

Sounds like the car he was swerving to avoid was your partner's (stationary) vehicle, because he wasn't watching the road.

Entirely his fault, and the guy sounds like a dishonest tosser tbh.

Pininfarina

Just to update this - the guy has since changed his story again and admitted it was entirely his fault.

Happy ending (for now).

The-Game

Glad to hear it!!

Bonito

your always at fault if you rear end someone,and he's made a hash of everything for himself by admitting liability at the scene,that's the worst thing he could have done,notify your insurance company and dont forget to add in that little bit that he admitted he was at fault.

I remember being on a site that advises what to do if you're ever involved in an accident but i cant remember it for the life of me, if i remember ill post it up

lauratoo

Hope it all works out for you

TestTransmission

Bonito wrote: »

your always at fault if you rear end someone,and he's made a hash of everything for himself by admitting liability at the scene,that's the worst thing he could have done,notify your insurance company and dont forget to add in that little bit that he admitted he was at fault.

I remember being on a site that advises what to do if you're ever involved in an accident but i cant remember it for the life of me, if i remember ill post it up

No,not always..but the majority of the time yes