Reversing out of your drive way...

hypermuse

Hello fellow boardsies,

Was hoping get some advice.. was cycling down the Clonskeagh road (Ranelagh to Clonskeagh) and a driver was reversing out his driveway and BANG.. off to hospital I go, concussed and fractured wrist.


As far as I've been told, its illegal to reverse outa your driveway??? this is true right?


More importantly, I'm a postgraduate student with no health insurance or medical card etc so should I be expecting a bill from the hospital (St. Vincents) or what??
I required an ambulance, x-ray, CT scan, arm cast and a consultant/prof saw me for a bout a min..

I am in no way shape or form wanting to sue the driver for as much as I can get (dont believe in that mentality).. Just to cover costs charged to me and maybe new glasses as my ones are fecked!

Thanks for your help ppl! I'm just looking for info and insight as I'm very ill-informed of these circumstances


Also I dunno if this is the correct spot of not, if not could a mod please move it to an appropriate forum. Kthxbi

louise5754

Were you cycling on the road or footpath?

Jaxxy

Isn't it just the A&E fee you have to pay?

force eleven

Never heard that it's illegal to reverse out of your driveway, but it sure is illegal to go through a red light - which a LOT of cyclists do...:mad:

Anyway OP, not directed at you...

the groutch

you were on the road, so you had the right of way, sue that mutha f**ka

Jaxxy

force eleven wrote: »

Never heard that it's illegal to reverse out of your driveway, but it sure is illegal to go through a red light - which a LOT of cyclists do...:mad:

Anyway OP, not directed at you...

I've never heard of that either tbh.

mathie

louise5754 wrote: »

Were you cycling on the road or footpath?

On a bike.

Faolchu

if you where on the road or in a cycle lane you sould have right of way and i assume he should have yeilded to you.

CreepingDeath

hypermuse wrote: »

As far as I've been told, its illegal to reverse outa your driveway??? this is true right?

No, of course you can reverse out of your driveway, but you have to do it with due care.

If you were on the main road, you had right of way.
The motorist is in the wrong.

But if he was half pulled out, and you couldn't be arsed to stop and let him out, and you cycled behind him, then that's a different story I imagine.

Leeg17

F*ck sorry to hear that mate, the **** should have been watching for people on the footpath whether it's illegal to reverse out or not...!

SeaFields

Its not illegal to reverse out of the driveway but it is to reverse into someone.

Driver has insurance for such matters - make sure your costs are covered. Keeps receipts etc.

SEPT 23 1989

Any damage on the car?

Caveman1

If your gonna claim for hospital expenses and new glasses the driver will more than likely have to claim it off there insurance so ya might aswell bang in an injury claim too, a nice couple of grand for your troubles

louise5754

mathie wrote: »

On a bike.

Touchè.:p

seamus

Yes it's illegal to reverse from any minor road onto a major one. This technically includes reversing from your driveway onto the main road.

In any case, the person who is reversing is required to give way to all traffic at all times including pedestrians and cyclists. The driver is completely at fault.

Don't feel bad about claiming money from the driver and/or their insurance. They are the ones who have made the mistake, you are entitled to be compensated for all losses, including all medical bills, the cost of checking over and repairing your bike (get this done, drop it into the bike shop in UCD, today), any damage to your personal effects, and compensation for any college time lost, if appropriate. Think about all associated costs. You've fractured your wrist, so presumably now you'll need to take the bus for the next two months. You're entitled to claim that cost too.

It's far too easy in your head to say, "Ah I don't want to cause a fuss", but if you don't do this at the start, then you're the one who could be out of pocket over this. Don't accept a cheaper option in the hospital, don't accept cheaper replacements for your glasses or any bike repairs. You are completely and utterly entitled to be fully compensated for your losses. We're often far too soft about asserting our rights in this regard.

Go the Garda station closest to where the incident occured and report it. Today. This is a legal requirement and it will cover your ass in the event that the driver tries to claim that the incident never occurred.
It's amazing how many people suddenly change their mind about taking responsibility after they've gone and spoken to their friends and family about the incident.

SEPT 23 1989

SEPT 23 1989 wrote: »

Any damage on the car?

Bicycle shaped dent no doubt.

Common sense says that drivers should reverse in and drive out whenever possible, unless you can turn round in the driveway that is.

cruiser178

Sue, you wouldn't be suing the driver but the insurance company he is with. From what you described you deserve compensation for pain and suffering, medical bills. More importantly the driver of the car needs a good kick up in the arse for reversing blindly out of his drive way, he could have run over a child. You were lucky this time op, you quite easily could have been more seriously hurt.

furtzy

Don't think boards is the place to be looking for legal advice. Get his insurance details if you don't have them already and contact his insurance company. The driver will do the same. They will take it from there regarding claim forms, witnesses, Garda involvement etc

Seachmall

Should have been more careful OP.

Rarely is there a completely innocent party in a road traffic accident, all it takes is a small mistake on one side to be amplified by a bigger mistake on the other.

Talk to a professional on the matter, see what they say.

Stark

Seachmall wrote: »

Should have been more careful OP.

Rarely is there a completely innocent party in a road traffic accident, all it takes is a small mistake on one side to be amplified by a bigger mistake on the other.

There are plenty of times when there's an innocent party! Of the three car accidents I've been, two have been rear endings while waiting at lights and a roundabout (was too cautious at the roundabout and the car coming from behind assumed I was going to take a gap) and a head-on where the car coming against me suddenly veered over onto my side of the road (luckily the only damage was to the cars). Not sure how much extra care I could have taken other than to stay at home. Sounds like a similar situation in the OP's case, in most cases you're not going to see a car coming out of a driveway until the car is actually out of the driveway.

hypermuse

louise5754 wrote: »

Were you cycling on the road or footpath?

Cycle lane which is part of the road (as opposed to a cycle lane on the footfoot on the N11 for example)

JaxxYChicK wrote: »

Isn't it just the A&E fee you have to pay?

Think I was just in A&E I was told by some1 that the only charge would be for ambulance and actual A&E charge.

force eleven wrote: »

Never heard that it's illegal to reverse out of your driveway

neither had I until some1 mentioned it to me so though I'd ask the publichere!

seamus wrote: »

Yes it's illegal to reverse from any minor road onto a major one. This technically includes reversing from your driveway onto the main road.

In any case, the person who is reversing is required to give way to all traffic at all times including pedestrians and cyclists. The driver is completely at fault.

Don't feel bad about claiming money from the driver and/or their insurance. They are the ones who have made the mistake, you are entitled to be compensated for all losses, including all medical bills, the cost of checking over and repairing your bike (get this done, drop it into the bike shop in UCD, today), any damage to your personal effects, and compensation for any college time lost, if appropriate. Think about all associated costs. You've fractured your wrist, so presumably now you'll need to take the bus for the next two months. You're entitled to claim that cost too.

It's far too easy in your head to say, "Ah I don't want to cause a fuss", but if you don't do this at the start, then you're the one who could be out of pocket over this. Don't accept a cheaper option in the hospital, don't accept cheaper replacements for your glasses or any bike repairs. You are completely and utterly entitled to be fully compensated for your losses. We're often far too soft about asserting our rights in this regard.

Go the Garda station closest to where the incident occured and report it. Today. This is a legal requirement and it will cover your ass in the event that the driver tries to claim that the incident never occurred.
It's amazing how many people suddenly change their mind about taking responsibility after they've gone and spoken to their friends and family about the incident.

You do make some very valid points mate! Granted this was his fault so I am inclined to get all my major costs covered and I'd be happy with that! I just had the idea of thousands of euro worth of hospital bills landing in front of me and I hate that idea..

to be fair to the driver, there is a busstop near his driveway which would definately impede his view but then he should take the responsibility to drive and not reverse out I woulda thought!

I managed to avoid his car and serious injury but my hand made contact with his boot as I was trying to push clear.. as a result my wheel locked and I went flying, don't remember everything coz of concussion but thats the jist of it!

the_syco

hypermuse wrote: »

More importantly, I'm a postgraduate student with no health insurance or medical card etc so should I be expecting a bill from the hospital (St. Vincents) or what??
I required an ambulance, x-ray, CT scan, arm cast and a consultant/prof saw me for a bout a min..

I'd say the cost would be upwards of €200 easily enough. Get the insurance details of the guy who you crashed into, and get them to reimburse you if you don't want to create a fuss. If they play hard ball, contact a solicitor, and go for the kill.

Saila

I take it the cops were there to exchange insurance info, then ring the dumb bint/prick ask for the expenses you wanted, they no?, claim off her insurance company.

hypermuse

Saila wrote: »

I take it the cops were there to exchange insurance info, then ring the dumb bint/prick ask for the expenses you wanted, they no?, claim off her insurance company.

no gardi were there as far as I know.. Just the ambulance..

Must report the incident 1st..

yayamark

seamus wrote: »

Yes it's illegal to reverse from any minor road onto a major one. This technically includes reversing from your driveway onto the main road.

Nonsense

It is not illigal to reverse from your drive way on to the road. Your driveway is not a minor road it is a private place.

Report it to the Gardai

Seachmall

Stark wrote: »

Sounds like a similar situation in the OP's case, in most cases you're not going to see a car coming out of a driveway until the car is actually out of the driveway.

OP should have been more cautious of cars pulling out of driveways.

Regarding your accidents they could be the exceptions but I'd be sceptical of 1 person being in 3 accidents none of which were did they play a factor in. Not saying you're at fault but I am sceptical.

Saila

hypermuse wrote: »

no gardi were there as far as I know.. Just the ambulance..

Must report the incident 1st..

do you have insurance details for them if not at least you know which house they reversed out of and can get them that way

markpb

Seachmall wrote: »

OP should have been more cautious of cars pulling out of driveways.

If he was driving, would you also expect him to be cautious of cars coming out of driveways, crossing the footpath and hitting him on the road?

TheZohanS

No witnesses, no gardai at the scene...hmm. You'll probably end up paying your own costs OP, unless the car driver is sound about it.

Seachmall

markpb wrote: »

If he was driving, would you also expect him to be cautious of cars coming out of driveways, crossing the footpath and hitting him on the road?

Obviously.

Stark

Seachmall wrote: »

Regarding your accidents they could be the exceptions but I'd be sceptical of 1 person being in 3 accidents none of which were did they play a factor in. Not saying you're at fault but I am sceptical.

Chances are I'm simply on the road more often than you. Which also allows me to see other scenarios where the affected party wasn't at fault. I've seen people being hit from behind and side on a few times, both situations that are pretty much impossible to avoid. In one case I saw a cyclist hit side on from a car coming out of a side road who was only looking to her left and not straight ahead of her. What was the cyclist supposed to have done in that instance?

seamus

hypermuse wrote: »

to be fair to the driver, there is a busstop near his driveway which would definately impede his view but then he should take the responsibility to drive and not reverse out I woulda thought!

Indeed. It's actually an offence to reverse if your view is obstructed.

http://www.irishstatutebook.ie/1997/en/si/0182.html#zzsi182y1997a12

A driver shall not reverse from a place adjacent to a public road onto a public road save where it is clear to the driver that to so reverse would not endanger other traffic or pedestrians.

yayamark wrote: »

It is not illigal to reverse from your drive way on to the road. Your driveway is not a minor road it is a private place.

Actually you're right, I was looking at an old regulation which has since been revoked.

Seachmall

Stark wrote: »

Chances are I'm simply on the road more often than you.

Probably.

In one case I saw a cyclist hit side on from a car coming out of a side road who was only looking to her left and not straight ahead of her. What was the cyclist supposed to have done in that instance?

Make sure a car wasn't going to pull out?

I'm imagine Insurance companies only rarely pay out full claims, there's generally going to be a level of culpability on both sides.

Saila

Stark wrote: »

Chances are I'm simply on the road more often than you. Which also allows me to see other scenarios where the affected party wasn't at fault. I've seen people being hit from behind and side on a few times, both situations that are pretty much impossible to avoid.

if while in a car you get hit from behind its the person who ran into the back of you that is at fault, if you backend someone its your fault as you didnt leave enough room to the car in front to avoid the situation.

seamus

Seachmall wrote: »

I'm imagine Insurance companies only rarely pay out full claims, there's generally going to be a level of culpability on both sides.

No, they generally pay out fully where right-of-way has been violated.

While I'm in general agreement with you that there are very few accidents that are completely unavoidable in the strictest sense, insurance companies don't get down to that level. If one party very clearly had the right-of-way, then the other party pays all costs. There's no "well what if you had accounted for my client pulling out" or, "What if you had left the house 30 seconds earlier".

They look at first causes - "My client reversed onto the road without yielding" and determine liability based on that.

Making a party pay despite having not actually done anything wrong is a kind of victim-blaming.

Stark

Saila wrote: »

if while in a car you get hit from behind its the person who ran into the back of you that is at fault, if you backend someone its your fault as you didnt leave enough room to the car in front to avoid the situation.

And in both those situations, there's a guilty party and an innocent party which proves my point that it's not always both parties to blame.

Stark

Seachmall wrote: »

Probably.Make sure a car wasn't going to pull out?

There was no car waiting to pull out when the cyclist was coming up to the junction. The car arrived after the cyclist was half way past the junction and hit the cyclist while driving out. So the driver was at fault.

Seasoft

Saila wrote: »

if while in a car you get hit from behind its the person who ran into the back of you that is at fault, if you backend someone its your fault as you didnt leave enough room to the car in front to avoid the situation.

Usually yes. But if a car turns left (or right) from a side road in front of traffic, ignores yield/stop sign and the oncoming car brakes but still rear-ends it, fault is with car from side road. I remember a driver who was prosecuted for this not understanding why... "but I was hit from behind" she kept saying.

hypermuse

TheZohan wrote: »

No witnesses, no gardai at the scene...hmm. You'll probably end up paying your own costs OP, unless the car driver is sound about it.

There were witnesses.. One girl who works in my building recognised me and stayed around until my gf showed up so I defo have one person at the scene and another who can say what they saw when they arrived

Seachmall wrote: »

OP should have been more cautious of cars pulling out of driveways.

Your not wrong at all.. its genuinely a dangerous game cycling particularly on that Clonskeagh/Ranelagh road..

I am generally quite cautious but this car did take me by surprise.. If I was to slow down at every driveway I cycle past then I'd be faster walking!!

Saila wrote: »

do you have insurance details for them if not at least you know which house they reversed out of and can get them that way

He left his contact details in my gearbag and genuinely think he'll play fair ball about it. I contacted him and he said he'll get his insurance details/reg etc to me once home!!

Hopefully its not too tedious but I informed him I'd be reporting the incident to the gardi just so its on file... Its my back up incase he does refuse to take action!
I'm just praying it doesn't turn into a nightmare!! as long as I'm not outa pocket by a significant amount then I dont care coz I got my health bar a few cuts and a fracture!!

Just hope for financial assistance to get through the incident and not to make a profit like some a$$holes do!!

Turner

OP im not being smart here but I have sat through a lot of contested accident hearings in both the criminal and civil courts and some of the following questions were raised by legal teams.

Bear in mind while you are answering these questions the judge is making up their mind.


Did you see the person reversing?

Did you actually cycle into and hit the car (regardless of what they were
doing) or were you parallel to the car and it reversed into you?

Were you cycling at a safe speed in which you were able to stop in the distance you could see clear.

Why did you not brake and stop before you collided into the car.

If a child had run out of the driveway were you travelling a speed in which you would have been able to stop?

Were you looking in the foreground and also the far distance scanning for other road users, and if so why did you not see this car reversing.


You can cancel all the questions above if as i said, you were behind the car and the car reversed into you knocking you over.

Lando Griffin

Dont take the bus OP, its full of rude people and screaming babies, a horrible, horrible place.

GetWithIt

Chief--- wrote: »

Did you see the person reversing?

Did you actually cycle into and hit the car (regardless of what they were
doing) or were you parallel to the car and it reversed into you?

Were you cycling at a safe speed in which you were able to stop in the distance you could see clear.

Why did you not brake and stop before you collided into the car.

If a child had run out of the driveway were you travelling a speed in which you would have been able to stop?

Were you looking in the foreground and also the far distance scanning for other road users, and if so why did you not see this car reversing.

Presumably the bus stop the OP mentioned earlier - which would have obstructed the car drivers view of him - also obstructed the OP's view of any car reversing.

I have no idea where liability would lie. Your questions and similar would be enough to deter me from pursuing any liability claim as it would appear to be very easy to put some element of blame on the other party.

TwoShedsJackson

Lando Griffin wrote: »

Dont take the bus OP, its full of rude people and screaming babies, a horrible, horrible place.

I am the mother of the child mentioned in that thread. You'll understand one day when you have kids yourself. etc. etc.

yeppydeppy

I'm relieved the car wasn't damaged.

Lando Griffin

Lando Griffin wrote: »

Dont take the bus OP, its full of rude people and screaming babies, a horrible, horrible place.

They only scream when you look at them! :pac:

Saila

hypermuse wrote: »

He left his contact details in my gearbag and genuinely think he'll play fair ball about it. I contacted him and he said he'll get his insurance details/reg etc to me once home!!

Hopefully its not too tedious but I informed him I'd be reporting the incident to the gardi just so its on file... Its my back up incase he does refuse to take action!
I'm just praying it doesn't turn into a nightmare!! as long as I'm not outa pocket by a significant amount then I dont care coz I got my health bar a few cuts and a fracture!!

Just hope for financial assistance to get through the incident and not to make a profit like some a$$holes do!!

thats good so, but remember, you have a fractured wrist correct?
apart from the medical expenses and damage costs [to bike clothing ect]
you are entitled to pain and suffering

you're saying you dont want to make a profit, good, but dont sell yourself short either.
if he just knocked you over and you had no damages [fracture in your case] then ok, but if the fracture limits your life for the healing period or causes you otherwise un necessary expense then you are fully entitled to those expenses

that is not making a profit, making false claims is though..

hypermuse

Chief--- wrote: »

OP im not being smart here but I have sat through a lot of contested accident hearings in both the criminal and civil courts and some of the following questions were raised by legal teams.

Bear in mind while you are answering these questions the judge is making up their mind.


Did you see the person reversing?

Did you actually cycle into and hit the car (regardless of what they were
doing) or were you parallel to the car and it reversed into you?

Were you cycling at a safe speed in which you were able to stop in the distance you could see clear.

Why did you not brake and stop before you collided into the car.

If a child had run out of the driveway were you travelling a speed in which you would have been able to stop?

Were you looking in the foreground and also the far distance scanning for other road users, and if so why did you not see this car reversing.


You can cancel all the questions above if as i said, you were behind the car and the car reversed into you knocking you over.

Yea they are pretty fair questions alright but questions you'd expect to be asked by your solicitor if you were being defended in court..

I feel I would be able to answer those questions easily as I sit here and read them but if I was in court I'd imagine I'd be mess and not know what to say!!

Jimoslimos

GetWithIt wrote: »

Presumably the bus stop the OP mentioned earlier - which would have obstructed the car drivers view of him - also obstructed the OP's view of any car reversing.

I wonder if there's a case to be made for Dublin Bus (I'm assuming its DB) sharing some of the liability (with the driver of course) since the placement of the stop prevents the driver from safely exiting his property.

4leto

The drive is totally at fault, you have a claim if you want one.

If not do what most people do in a fender bender, just settle it among yourselves, see the driver and tell him about your bills from the accident and ask him if he is willing to settle out of court,,,,He will jump on the opportunity.

I understand not going down the compo route, years ago some woman rammed into the back of me wrecking my bumper and hers, I got out had a look and told her its OK it's a piece of sith anyway (I was getting rid of it), she started to cry, "Ahh thanks I am really grateful" then I was embarrassed.

But I could have went the whole route and got the 5 grand for whippo but I just would not feel good about that unless it was a genuine case.

Never reverse out again!

https://www.youtube.com/watch?v=G019cYE6mB0

hypermuse

Jimoslimos wrote: »

I wonder if there's a case to be made for Dublin Bus (I'm assuming its DB) sharing some of the liability (with the driver of course) since the placement of the stop prevents the driver from safely exiting his property.

Was thinking that myself but its his problem really!! something he should consider!!

4leto wrote: »

The drive is totally at fault, you have a claim if you want one.


But I could have went the whole route and got the 5 grand for whippo but I just would not feel good about that unless it was a genuine case.

that's exactly it! It depends where your morals lie.. Mine lie in justice rather than exploitation!!
Karma, someday in the future, if I'm in his position, I'd like to be treated decently and not have exaggerated claims against me.