Car Accident, who's in the wrong?

Dublinese

Hi All,

I'm new to this site and I finely decided to join board.ie. I hope i posted this on the right section, if not please let me know.

The other day my mother was driving and my brother was in the car with her at around 8pm. She was driving in a housing estate where we live and there was a few car parked on the road. She decided to give way to the car coming toward her, so she slowly stop and in 1st gear ready to take off again. Than a car came around the corner and crash behind into her car. I think the chassis is bended and i know that will cost alot to get it fix.

The man in the car said that she braked really quick. I told him he shouldn't be driving too fast in the estate and he should't be tailgating in housing estate. And he never said anything back to me after that.

Our insurance company were talking to his insurance company today and they said that he didn't ring them to let his own insurance company know. We're worry that his insurance won't pay out, as we cannot afford to get the car fix.

I was wondering who do you thing was in the wrong?

You comments ill be appreciated

bazza1

If you are hit from behind you are nearly 100% in the right imo.

jaffa20

Easy, he was wrong. If he wasn't accepting blame, i would have called the guards right there and then.

the_syco

Dublinese wrote: »

crash behind into her car

IMO, he's f**ked, and he knows it, as why else would he not tell his insurance company.

Dublinese wrote: »

Our insurance company were talking to his insurance company today and they said that he didn't ring them to let his own insurance company know.

In saying that, if you are asking legal advice, no-one here is allowed to give legal advice, and the thread will be closed if you are asking legal advice.

jaffa20 wrote: »

Easy, he was wrong. If he wasn't accepting blame, i would have called the guards right there and then.

Unless someone is injured, there is no need for them to come out, and thus they usually don't.

gafarrell

The guy who went into the back of your mothers car is in the wrong. Regardless of if your mother did break suddenly or not he left no room for the unexpected.

if he crashed into a stationary car he was in the wrong . he should of been looking where he was going car stop all the time in front of you and he should of anticipated that

Dublinese

Many thanks to you all and i really appreciated.

We're worry that his insurance won't pay out, as we cannot afford to get the car fix.

I understand that the site is not allowed to give legal advise. Are ya allow to PM me than ?

corktina

even if she slammed on the brakes from 70mph he is still wrong cos he hit her up the back....

-Corkie-

He is totally wrong op. Did ye call the guards.

meercat

yeah he is totally in the wrong
try not to worry
leave the insurance company to sort it all out
thats why we pay the premium we do

Dublinese

Yeah we did, they took ages to come out tho. They were really nice and very helpful too.

They just took details for records.

Dublinese

I'm just worry for me mother, when she worry I worry.

She's been driving for years and this is her first accident.

dr.fuzzenstein

corktina wrote: »

even if she slammed on the brakes from 70mph he is still wrong cos he hit her up the back....

That's an entirely different discussion and in many countries you would be partly at fault if you did that besides it being a very dangerous way of driving. But let's not go there right now...
It sounded like she was stopped before the other car came round the corner and then hit into her.
May I assume that the OP is not a native English speaker?
I would have called the Gards immediately, no matter if anyone got injured.
The Gards will take statements and what they write down will be hard to dispute later.
How often have people not called them and it always ends in trouble, since the other side will mostly deny the facts or dispute they're at fault. I have often seen a Latvian friend of mine get ripped off when people play Thick Mick with him and assume since he's foreign they can fcuk him about a bit and since he doesn't know the ins and outs and where to turn he'll be helpless and just pay up.
The other party sounds like a bunch of skangers and you must assume the worst, i.e. they will dispute what happened, tell a different story to their insurance company, not admit liability and may even try not to pay up in the first place.
That's if they have insurance.
When someone ran up my ar*e I called the cops, took pictures of the cars and people involved and wrote down everything that happened on the scene.
If you have a dictaphone, tape what people say.
Sadly when it comes to an accident, people might say "I'm so sorry it was my fault" and later say "He came out of nowhere, this was not my fault".
My grandpa got knocked of his bike by a car and because he trusted the basic decency of the driver did not get a penny because the guy disputed him all the way.
Always assume the worst in case of accident!

Anan1

OP - does your mother have comprehensive cover? If so, she can just let her own ins co repair her car - she'll get a courtesy car while the work's being done and they'll recoup the money from the other driver's ins co.

meercat

i understand
just try not get too stressed.no one hurt.its just the shock.it will all get sorted.take care

Dublinese

dr.fuzzenstein wrote: »

It sounded like she was stopped before the other car came round the corner and then hit into her.
May I assume that the OP is not a native English speaker?

From what me mother and brother said, she stop for a couple secs like.
And the other fella was a foreigner

Anan1 wrote: »

OP - does your mother have comprehensive cover? If so, she can just let her own ins co repair her car - she'll get a courtesy car while the work's being done and they'll recoup the money from the other driver's ins co.

Ya me mother is full insurance. I don't know if she wants to do that but i'll have a talk with her about, she doesn't want her policy to be effected.

pitkan

I`m sure that it is an offence in itself if you do not report an accident. I realise the shock and confusion that occurs at the time but it is usually the person who runs into you from behind is the one at fault.

jaffa20

the_syco wrote: »

Unless someone is injured, there is no need for them to come out, and thus they usually don't.

But in this case they did and that's lucky for the OP as he kind of has to admit that he was involved in the fender bender now. What would the op do if the guards didn't come out in this case and he denied eveything to his insurance co? I'd always insist on calling the guards just in case and no matter how small the accident was.

Anan1

Dublinese wrote: »

Ya me mother is full insurance. I don't know if she wants to do that but i'll have a talk with her about, she doesn't want her policy to be effected.

It sounds to me as though the other party is 100% liable so your mother's insurance won't be affected as they'll reclaim all the money. It's basically just letting them do the legwork for you.

Dublinese

jaffa20 wrote: »

But in this case they did and that's lucky for the OP as he kind of has to admit that he was involved in the fender bender now. What would the op do if the guards didn't come out in this case and he denied eveything to his insurance co? I'd always insist on calling the guards just in case and no matter how small the accident was.

We were lucky they came out, all they did is take contact details of the parties involved and that's it and ask what happen but they didn't take that part of information down.

If the garda didn't come out, we would have went straight away to our local station and report it.

And yes I'll alway too insist calling them.

Dublinese

Anan1 wrote: »

It sounds to me as though the other party is 100% liable so your mother's insurance won't be affected as they'll reclaim all the money. It's basically just letting them do the legwork for you.

Yeah i know what you mean.

She's with Quinn and me mates said that they don't like paying out and prefer to claim off the other company.

Thanks for the advise. I have to look into that.

Dublinese

Hi All,

Just to let you know that everything is sorted out now, car fixed and all. And it is coming out of the other people's car insurance.
No worries anymore.

Thank you for all your comments

White_Wolf

Didn't read the last reply, never mind.