provisional licence crash

mzgoody2shoes · 30-11-2009 7:04pm #1

Hey All,

Apologies in advance if this question has been answered in other threads. Just wondering if anyone might have any experiences with this.

I am a provisional licence holder and was hit on a roundabout by another provisional licence holder. Shes with Travelers insurance and I'm with Hibernian. Anyway, the accident was clearly her fault- I have a witness who was driving behind me the whole time and saw everything. Basically I was on the outside lane taking the 2nd exit and she was on the inside lane- I indicated to come off and she merged into my lane and smacked the side of my car. She hadnt a word of English so called her brother down to translate. He initially offered to give me a whole 100 euro for the damages but changed the story when the Garda came. She said that I was never even on the roundabout and just smacked her randomely on the road! She lied to the Garda and said that her brother was in the car with her at the time but he clearly wasnt as he arrived later- (my witness verified this with the Garda)

Anyway, I've contacted my insurance company and will be contacting hers tomorrow. Does anyone know whether her insurance company will pay out? If its been proven that she told bare faced lies to the Garda will be held accountable? Insurance fraud? Any other stories like this?

Graham_B18C · 30-11-2009 7:17pm

AFAIK Insurance companies will still pay out regardless if she had a fully licenced driver or not.

I reckon that once the Insurance company gets onto her and she admits liability, you'll get your money

Tigger · 30-11-2009 7:28pm

did you have a lisenced driver with you?

Graham_B18C · 30-11-2009 7:40pm

Tigger wrote: »

did you have a lisenced driver with you?

I'm nearly sure that make no difference to them paying out or not.

When the law was first being inforsed last year, the Insurance Companies said they'll still cover drivers on a learners permit. I assume it's because they'd lose too much business.

eth0_ · 30-11-2009 7:50pm

Grahamo999 wrote: »

I'm nearly sure that make no difference to them paying out or not.

When the law was first being inforsed last year, the Insurance Companies said they'll still cover drivers on a learners permit. I assume it's because they'd lose too much business.

I don't think he was just talking about the insurance company...whatever about this woman clipping your car, the OP also broke the law by driving a car whilst unqualified to do so, and the gardai could still bring him to court.

Besides, it's not his insurance company he'll be claiming off if this woman admits liability.

Tigger · 30-11-2009 7:54pm

i'm not judging but the cop might do you for driving without a lisence
just because he didn't there and then doesn't mean he won't

Graham_B18C · 30-11-2009 7:56pm

eth0_ wrote: »

I don't think he was just talking about the insurance company...whatever about this woman clipping your car, the OP also broke the law by driving a car whilst unqualified to do so, and the gardai could still bring him to court.

Besides, it's not his insurance company he'll be claiming off if this woman admits liability.

Yes and the other woman was also alone and was also on a learners permit. Thats the only reason I brought up about them paying out for their customers, even if they're still learners.

And I reckon they would of told her at the accident if they were going to bring her to court for that.

congo_90 · 30-11-2009 7:56pm

eth0_ wrote: »

I don't think he was just talking about the insurance company...whatever about this woman clipping your car, the OP also broke the law by driving a car whilst unqualified to do so, and the gardai could still bring him to court.

Besides, it's not his insurance company he'll be claiming off if this woman admits liability.

When you're done slating the op on that high horse of yours let's get back to the matter at hand.
This would be thrown outta court in the op's favour if the other party were to escalate. Think about it. They're at fault. The judge will not pay heed to the provisional licence. In fact he/she would be more p1ssed off having time wasted on a simple case. Also the gard is only there to take a statement.

Op, I was hit while on a provisional with the other drivier admitting liability. Don't worry. Just inform your insurance company. I assume you have the other drivers details?
Reg, name of driver, insurance policy etc.

tin79 · 30-11-2009 8:01pm

Tigger wrote: »

i'm not judging but the cop might do you for driving without a lisence
just because he didn't there and then doesn't mean he won't

i would bet good money that they wont.

Simple advice is get your witness details. Contact the insurance , tell the truth and let them sort it out. its just material damage so unless the other party was uninsured chances are the Gardai wont want to know and will let the insurance sort it.

Tigger · 30-11-2009 8:07pm

congo_90 wrote: »

When you're done slating the op on that high horse of yours let's get back to the matter at hand.
This would be thrown outta court in the op's favour if the other party were to escalate. Think about it. They're at fault. The judge will not pay heed to the provisional licence. In fact he/she would be more p1ssed off having time wasted on a simple case. Also the gard is only there to take a statement.

Op, I was hit while on a provisional with the other drivier admitting liability. Don't worry. Just inform your insurance company. I assume you have the other drivers details?
Reg, name of driver, insurance policy etc.

its not on a high horse to point out that its illegal to drive on a provo and that gaurds are in charge of catching people for being illegal

Graham_B18C · 30-11-2009 8:13pm

Tigger wrote: »

its not on a high horse to point out that its illegal to drive on a provo and that gaurds are in charge of catching people for being illegal

Yes it is, I'm fully licenced and i'm not trying to make the OP nervous about getting a summons in the door.

Give over will ya.

OP as Tin said, the Insurance will sort it out amongst themselves. The Guards won't want the hassle

Tigger · 30-11-2009 8:19pm

i never mentioned a summons its one penalty point thats all

eth0_ · 30-11-2009 8:19pm

Grahamo999 wrote: »

Yes it is, I'm fully licenced and i'm not trying to make the OP nervous about getting a summons in the door.

Give over will ya.

OP as Tin said, the Insurance will sort it out amongst themselves. The Guards won't want the hassle

I'm not on my high horse. I drove on a provisional myself - although it was ACTUALLY a provisional and not a learners permit, as it was before the new laws came in.

The OP should be aware that he could receive a summons in the post for driving illegally.

It's highly unlikely that this woman will refuse to admit liability when she knows if she does that she could end up in court and it would look very bad for her if it came out in court that SHE was driving while unqualified too!

Graham_B18C · 30-11-2009 8:21pm

Tigger wrote: »

i never mentioned a summons its one penalty point thats all

My bad, it was Eth0 that mentioned court.

It aint only 1 point either, a chap I work with was asked to produce at a checkpoint, still a learner, was told he's be brought to court.

Got a summons a month or so later...went to court on the day and the Guard never showed up

mzgoody2shoes · 30-11-2009 8:25pm

I didnt have a licenced driver with me at the time and neither did she! The witness that was there had a similiar incident happen to her 3 weeks ago. She was hit from behind whilst waiting at traffic lights-the other driver initially agreed to pay out in cash and then shafted her so she is delighted to help out and waited around for an hour and a half until the Garda came. She can verify exactly what happened and that the other driver initially admitted liability, changed her story when the Garda came and pretended to have a qualified driver with her when he in fact arrived about 30mins later.

I'm an honest person and really just want the side of my car fixed- this woman is really making me want to take her to the cleaners for being such an a-hole about it.

mzgoody2shoes · 30-11-2009 8:42pm

And obviously I wont be doing that as I am a firm believer in Karma! I just want my car back the way it was- and in an ideal world for her to be off the road as she clearly cant drive!!!

corktina · 30-11-2009 8:44pm

moral of story...ALWAYS call the gards....

Incidentally I assume when you say you were in the outside lane...you mean lane one dont you and by the inside lane you mean lane 2, the INNER lane ON the roundabout.If this isnt the case, then (unless there was a two-lane exit which it seems there wasnt) you would have been in the wrong lane and possibly responsible for the accident. I am right in my intrepretation am I? abit complicated but worth clarifying..

congo_90 · 30-11-2009 9:20pm

a good point made there about your position on the roundabout. If you gave adequate signals and if 2nd exit was straight ahead then depending on the roundabout you *could* be at fault. There is a slight grey area on roundabouts and positions of accidents.

I'm assuming she mergerd from the first junction (your 9 o'clock position) and hit the rear passenger side?
Can you just clear that up for us op?
Glad to hear noone was injured though.

For those talking about prov. licence rules. While I can see where you're coming from. 9times out of 10 a gard won't bother going down this route and even if it did end up in court on a liability case then It would still not matter what licence the op has as it does not void the liability of the other party involved!
I'm a full licence holder but as I said previous have been in an accident and went to a garda station to make a statement as they couldn't show up at the time.
They mentioned me being on a provisional and I 'should have a full licenced driver'. Granted the circumstances the op would've been involved in the accident regardless of licence carried.

Henry Ford III · 30-11-2009 9:32pm

mzgoody2shoes wrote: »

I didnt have a licenced driver with me at the time and neither did she! The witness that was there had a similiar incident happen to her 3 weeks ago. She was hit from behind whilst waiting at traffic lights-the other driver initially agreed to pay out in cash and then shafted her so she is delighted to help out and waited around for an hour and a half until the Garda came. She can verify exactly what happened and that the other driver initially admitted liability, changed her story when the Garda came and pretended to have a qualified driver with her when he in fact arrived about 30mins later.

I'm an honest person and really just want the side of my car fixed- this woman is really making me want to take her to the cleaners for being such an a-hole about it.

1/. Neither of you should have been driving then.

2/. If you were law abiding and honest the crash wouldn't have happened.

Do you still drive illegally?

fl4pj4ck · 30-11-2009 9:45pm

let's cut the "she's on provisional" crap for a minute

you mentioned she had to call her brother, yet then she tried to convince gards that the brother was with her all the time

don't mention the phonecall at first

if you go to court, becasue she won't admit it was her fault, during the proceedings when she admit she wasn't driving on her own but she was with her brother at all time, speak the truth to the judge - they can easily request a statement from the other party phone company and voila! she's caucght red handed, the judge will be in your favour after she admits she lied

congo_90 · 30-11-2009 9:46pm

Henry Ford III wrote: »

1/. Neither of you should have been driving then.

2/. If you were law abiding and honest the crash wouldn't have happened.

Do you still drive illegally?

Seriously. This thread was to find out if the insurance is still valid and payable!
Wish trolls keyboard warriors would get off their high horses once in a while and start thinking of reality.

How do you know the crash wouldn't have happened? It could still happen regardless of who is in the passenger seat!

quarryman · 30-11-2009 10:05pm

Henry Ford III wrote: »

1/. Neither of you should have been driving then.

2/. If you were law abiding and honest the crash wouldn't have happened.

Do you still drive illegally?

Henry your horse is so high i don't know how you even see us all down here. Its only a matter of time before i see your posts in these type of threads ignoring the OPs question and finger wagging.

@OP: Follow the advice from others here are give all the information to your insurance company. Hang onto that witness's contact details too, might come in handy.

Alanstrainor · 30-11-2009 10:12pm

There's lot's of high horses strolling in here giving the tu'pence worth, can we at least try and keep this on-topic please. There's no need for it.

eth0_ · 30-11-2009 10:13pm

mzgoody2shoes wrote: »

The witness that was there .... She can verify exactly what happened and that the other driver initially admitted liability, changed her story when the Garda came and pretended to have a qualified driver with her when he in fact arrived about 30mins later.

What exactly are you worried about then? You've got an independent witness who will tell the gardai the other driver caused the accident, was unaccompanied whilst driving and therefore lied in her statement to the gardai. You'll be grand!

eth0_ · 30-11-2009 10:28pm

Alanstrainor wrote: »

There's lot's of high horses strolling in here giving the tu'pence worth, can we at least try and keep this on-topic please. There's no need for it.

No one is on their high horse, they're just warning the OP (legitimately!) that he *COULD* receive a summons! I'm surprised the moderator of 'learning to drive' would appear to be condoning an unqualified driver being in control of a car without being accompanied by a qualified driver! No wonder the standard of driving in this country is so god-awful if no one respects the law.

OP, you have a witness so stop worrying. The Gardai will be more concerned with the fact that this woman lied in her statement to them.

congo_90 · 30-11-2009 10:31pm

Henry Ford III wrote: »

1/. Neither of you should have been driving then.

2/. If you were law abiding and honest the crash wouldn't have happened.

Do you still drive illegally?

eth0_ wrote: »

No one is on their high horse, they're just warning the OP (legitimately!) that he *COULD* receive a summons! I'm surprised the moderator of 'learning to drive' would appear to be condoning an unqualified driver being in control of a car without being accompanied by a qualified driver! No wonder the standard of driving in this country is so god-awful if no one respects the law.

OP, you have a witness so stop worrying. The Gardai will be more concerned with the fact that this woman lied in her statement to them.

I left an example for you there. As i've pointed out time and time again the actual licence in this case would make no odds in changing the situation unless you can see into the future? So let's drop the rant

Sorry for back seat modding

Alanstrainor · 30-11-2009 10:33pm

eth0_ wrote: »

No one is on their high horse, they're just warning the OP (legitimately!) that he *COULD* receive a summons! I'm surprised the moderator of 'learning to drive' would appear to be condoning an unqualified driver being in control of a car without being accompanied by a qualified driver! No wonder the standard of driving in this country is so god-awful if no one respects the law.

I wasn't condoning anything in my post, the OP came on her looking for advice, and if you read the OP you won't see any reference to the repercussions of driving unaccompanied on a learner permit. There are quite a few high horses on this thread, whether you see that or not is a different story.

mzgoody2shoes wrote: »

Does anyone know whether her insurance company will pay out? If its been proven that she told bare faced lies to the Garda will be held accountable? Insurance fraud? Any other stories like this?

fl4pj4ck · 30-11-2009 10:52pm

mzgoody2shoes wrote: »

Does anyone know whether her insurance company will pay out? If its been proven that she told bare faced lies to the Garda will be held accountable? Insurance fraud? Any other stories like this?

yes, if she's insured, they will pay and go after her to get it back.
on the other hand if she's not insured - don't worry, you will still be paid

Graham_B18C · 30-11-2009 10:56pm

fl4pj4ck wrote: »

yes, if she's insured, they will pay and go after her to get it back.
on the other hand if she's not insured - don't worry, you will still be paid

Why will they chase her for the money back if she's covered?

fl4pj4ck · 30-11-2009 10:59pm

Grahamo999 wrote: »

Why will they chase her for the money back if she's covered?

because she was driving on her own. afair there are some cases that the ins comp would pay but will go after you (drink driving, drugs use, L driver driving unaccompanied, etc)

DonJose · 30-11-2009 10:59pm

congo_90 wrote: »

Wish trolls keyboard warriors would get off their high horses once in a while and start thinking of reality.

quarryman wrote: »

Henry your horse is so high i don't know how you even see us all down here. Its only a matter of time before i see your posts in these type of threads ignoring the OPs question and finger wagging.

Alanstrainor wrote: »

There's lot's of high horses strolling in here giving the tu'pence worth, can we at least try and keep this on-topic please. There's no need for it.

Clearly both drivers should not have been on the road. Hopefully they will both be prosecuted for driving without a licensed driver.

provisional licence crash

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