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Rear Ended :(

  • 11-01-2010 04:43PM
    #1
    Registered Users, Registered Users 2 Posts: 355 ✭✭


    Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it. The car behind me was travelling at speed (the road was wet) and about 2 feet behind me and rear ended me. He refused to stay at the scene, even though I told him that I was going to call the Gardaí. He gave me his mobile number and told me that women should not be on the road. I have just rang him to see if he wants to go through the insurance company or does he want to sort this out. He told me he would ring me back in an hour. I have got the impression off him that he wants me to pay for the damage to my car. Can anybody give me any advice what my next step should be?


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Comments

  • Registered Users, Registered Users 2 Posts: 12,678 ✭✭✭✭Owen


    You do two things. You ring the gardaí, or visit a station and say exactly what you said here, and you ring your insurance company.

    He has left the scene of an accident which he was at fault in. It doesn't matter if you gently touched the brakes, or stamped on them - the car following behind you must always be far enough behind to come to a complete stop.


  • Registered Users, Registered Users 2 Posts: 22,770 ✭✭✭✭Anan1


    Inform your insurance company and let them deal with it.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭si_guru


    Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it. The car behind me was travelling at speed (the road was wet) and about 2 feet behind me and rear ended me. He refused to stay at the scene, even though I told him that I was going to call the Gardaí. He gave me his mobile number and told me that women should not be on the road. I have just rang him to see if he wants to go through the insurance company or does he want to sort this out. He told me he would ring me back in an hour. I have got the impression off him that he wants me to pay for the damage to my car. Can anybody give me any advice what my next step should be?

    FFS... ring the Gardai.. did you take his reg number?


  • Registered Users, Registered Users 2 Posts: 355 ✭✭Princess Zelda


    Oh I have his reg number all right. He just seemed to try to apportion the blame onto me.


  • Registered Users, Registered Users 2, Paid Member Posts: 36,480 ✭✭✭✭Penn


    Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it. The car behind me was travelling at speed (the road was wet) and about 2 feet behind me and rear ended me. He refused to stay at the scene, even though I told him that I was going to call the Gardaí. He gave me his mobile number and told me that women should not be on the road. I have just rang him to see if he wants to go through the insurance company or does he want to sort this out. He told me he would ring me back in an hour. I have got the impression off him that he wants me to pay for the damage to my car. Can anybody give me any advice what my next step should be?

    As far as I know, he rear-ended you, so he's liable for all costs. Whether it be not leaving enough safe distance, or him braking too late, or tailgating.... he is responsible. I don't know about what you should do next though, but if you feel he's going to be difficult, you might want to call the gardai. Not sure what they can do having not been called to the scene when it happened though.

    Also, if you're talking to the gardai, don't say he was 2feet behind you, because I seriously doubt he was that close ;)


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  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it.

    What fell under the accelerator and explain brake slightly? if you are removing something from under the accelerator how where you keeping your eyes on road?

    Not saying your fault but just looking for explanation!!


  • Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    Inform insurance company & Gardaí, give them his reg & phone number.


  • Registered Users, Registered Users 2 Posts: 226 ✭✭Sand Wedge


    As far as i am aware gardai should only be called to the seen if someone was injured in the accident. Where there is only damage to the cars, there is no need for Gardai to be called out. If you like you can make a statment at your local Garda Station.

    I stand to be corrected on this.


  • Registered Users, Registered Users 2 Posts: 3,179 ✭✭✭ParkRunner


    W when I had to brake slightly due to something falling under my accelerator and I had to remove it.

    Just out of interest what fell under the accelerator? The driver behind you must have been travelling far too fast!


  • Registered Users, Registered Users 2 Posts: 73,327 ✭✭✭✭colm_mcm


    yep, I wouldn't go out of my way to tell people about the accellerator thing,

    regardless of the circumstances, the other guy is in the wrong. you had to make an emergency stop and he wasn't keeping the correct distance.

    Def ring the Gardai


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  • Registered Users, Registered Users 2 Posts: 3,219 ✭✭✭cojomo2


    EF wrote: »
    Just out of interest what fell under the accelerator? The driver behind you must have been travelling far too fast!

    I'm guessing it was a sat nav


  • Registered Users, Registered Users 2 Posts: 355 ✭✭Princess Zelda


    Big Nelly wrote: »
    What fell under the accelerator and explain brake slightly? if you are removing something from under the accelerator how where you keeping your eyes on road?

    Not saying your fault but just looking for explanation!!

    Oh its something thats used to clean the front windows. I did have my eyes on the road, just had to scoot slightly sideways to grab it. I didn't want to leave it under the accelerator. By braking, I mean touched the brake. This is what I am worried about, that I could be at fault because of this.


  • Registered Users, Registered Users 2 Posts: 73,327 ✭✭✭✭colm_mcm


    just say you had to slow down as something fell off the dash, don't mention where it fell.


  • Registered Users, Registered Users 2 Posts: 1,316 ✭✭✭Reginald P. DuM


    At what point did you mention that you were going to contact the Gardai?

    Was it before or after he decided he wasn't hanging round?

    If he has reason to fear their involvement then you have him in your pocket I think. I have seen it happen.


  • Banned (with Prison Access) Posts: 6,194 ✭✭✭KamiKazi


    He gave me his mobile number and told me that women should not be on the road.

    haha, what a hero :pac:

    Anyway, report the twat for leaving the scene of an accident.


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    Sand Wedge wrote: »
    As far as i am aware gardai should only be called to the seen if someone was injured in the accident. Where there is only damage to the cars, there is no need for Gardai to be called out. If you like you can make a statment at your local Garda Station.

    I stand to be corrected on this.

    Not correct, my car got side swipped about a year ago, guy was a pain, she was driving company car and started going on I shouldnt care cause his car was newer than mine and would cost him more. I stood my ground and got all details, insurance etc off front window. Rang the company insurance and he hadn't said anything(probably would get into trouble with his company). Told insurance company what happened and they asked if Garda has attended accident. I said no and they told me if he was being a problem should have rang them. Everything went ok anyway and they paid up. Someone from company rang to say sorry but this was after insurance company had done review of car.

    Brother works in insurance and there was so much damage and 3 witnesses I could have claimed for personal injury


  • Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    Oh its something thats used to clean the front windows. I did have my eyes on the road, just had to scoot slightly sideways to grab it. I didn't want to leave it under the accelerator. By braking, I mean touched the brake. This is what I am worried about, that I could be at fault because of this.

    You're not at fault for breaking. That's what your break lights are for, warning other drivers that you are slowing down. The driver behind should be far enough away & travelling at a distance that allows him to stop before rear-ending you.


    EDIT: Just thinking, I've seen cars from time to time (on a motorway on a couple of occasions) breaking, without any break lights being activated.... what happens in that situation? Anybody know who is at fault if you are rear-ended; but you're break lights weren't working at the time?


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    Oh its something thats used to clean the front windows. I did have my eyes on the road, just had to scoot slightly sideways to grab it. I didn't want to leave it under the accelerator. By braking, I mean touched the brake. This is what I am worried about, that I could be at fault because of this.

    Why didn't you indicate and pull to side of road?


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    You're not at fault for breaking. That's what your break lights are for, warning other drivers that you are slowing down. The driver behind should be far enough away & travelling at a distance that allows him to stop before rear-ending you

    Don't think your correct there, you can't slap on brakes for no reason in middle of road


  • Registered Users, Registered Users 2 Posts: 355 ✭✭Princess Zelda


    At what point did you mention that you were going to contact the Gardai?

    Was it before or after he decided he wasn't hanging round?

    If he has reason to fear their involvement then you have him in your pocket I think. I have seen it happen.

    It was when he was trying to drive off the first time after telling me he would sort out his damage himself. I know that its an offence to leave the scene without exchanging details, but there was no way of me stopping him, and I didn't want to get into a huge confrontation with my granny in the car.


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  • Registered Users, Registered Users 2 Posts: 4,192 ✭✭✭3DataModem


    Sand Wedge wrote: »
    As far as i am aware gardai should only be called to the seen if someone was injured in the accident. Where there is only damage to the cars, there is no need for Gardai to be called out. If you like you can make a statment at your local Garda Station.

    I stand to be corrected on this.

    Agreed generally, but he fled the scene so a serious offence was committed.


  • Registered Users, Registered Users 2 Posts: 355 ✭✭Princess Zelda


    Big Nelly wrote: »
    Why didn't you indicate and pull to side of road?

    In retrospect I should have, but it wasn't a case that I was going to be rooting around for a few minutes, it was just literally to get the object and move it. I just did it instinctively.


  • Moderators, Politics Moderators, Paid Member Posts: 44,087 Mod ✭✭✭✭Seth Brundle


    FWIW the driver behind wasn't travelling "too fast" unless the OP was also going "too fast".
    The OP should report the driver for both the incident and the drivers behaviour following the incident.
    @OP I would have no further dealings with the driver. Let your insurance company deal with it. The fact that you were reaching down meant that you were possibly driving with due care and attention but (IMO) this had no bearing on the culpability of the other driver who should have kept a safe distance behind.
    I would also recommend that you get yourself and your gran checked out (if you haven't already done so). I am still suffering from frequent migraines and neck problems from an incident almost two years ago.
    Get your car checked out also. There may be no visible damage but there could be plenty underneath. You can also nominate where you want to get the car repaired (should this be necessary) regardless what anyone (including your insurance company) tell you!


  • Moderators, Politics Moderators, Paid Member Posts: 44,087 Mod ✭✭✭✭Seth Brundle


    Big Nelly wrote: »
    Don't think your correct there, you can't slap on brakes for no reason in middle of road
    says who?


  • Registered Users, Registered Users 2 Posts: 4,192 ✭✭✭3DataModem


    Big Nelly wrote: »
    you can't slap on brakes for no reason in middle of road

    Correct.. it is not a particularly safe maneuver.

    But that didn't cause the accident, what caused the accident was the failure of the following car to maintain a safe distance.

    I know it's a cliche but what if a kid had run out in front of the OP? This is why we have breaking distances, for the unexpected... not normal driving.


  • Registered Users, Registered Users 2 Posts: 7,522 ✭✭✭kona


    colm_mcm wrote: »
    just say you had to slow down as something fell off the dash, don't mention where it fell.

    Bit harsh to lie about what happened?, Im sure the Gards will deal with the guy who rear ended her for what he did.

    Surely The OP contributed alot to the accident? I mean she decided to randomly stand on the brake and reach down into the footwell to pick some thing up.

    She should have pulled over no?

    I have to say If I was the fella involved it be quite pissed off at this.


  • Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    Big Nelly wrote: »
    Don't think your correct there, you can't slap on brakes for no reason in middle of road

    Nobody slapped on the breaks, the OP described it as breaking slightly; and it wasn't for no reason. There was an obstruction under the accelerator.


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    In retrospect I should have, but it wasn't a case that I was going to be rooting around for a few minutes, it was just literally to get the object and move it. I just did it instinctively.

    See kbannon above, please note there is no way you can get anything from the ground in a car without taking your eyes off the road. If it goes to court you will be seen as driving without care, you have item in car falling around, hit brakes without due care for other drivers and took eyes off road. From a law point of view he could sue you!! again brother works for insurance company so I know the spin


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    Nobody slapped on the breaks, the OP described it as breaking slightly; and it wasn't for no reason. There was an obstruction under the accelerator.

    Again not starting a big row here, natural reaction if anything fall down under accelarator is to hit brakes, OP has already said she moved without taking eyes off road, this is impossible, unless OP has a witness it is her word against his.


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  • Registered Users, Registered Users 2 Posts: 355 ✭✭Princess Zelda


    Thanks guys. Looks like the blame is being split on this forum. I never said that I was totally innocent, but I don't think that I am wholly to blame either. I did not slam on the brakes, and I didn't want to leave the item there obstructing the accelerator. I just was peeved with his attitude and failure to share details.


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