Car accident who is in the right?

slingerz

Folks had a car accident this evening I was stopped at a junction on a main road where I was indicating to turn right to a side road and as I was moving off a car coming from the side road to join the main road turning right hit me on the side. The gardai said the insurance companies would decide but that as I was on the main road turning right that I'd generally be in the right. Any opinions???

As an aside the damage to my car includes some damage to the driver pillar and my rear driver side wheel has been driven inwards. The car is a 02 celica tsport so max value is around 5000 would I get that from their insurance if I'm in the right and would my no claims be safe?

Other person's fault.

Mr Benevolent

You had right of way.

Voodoomelon

I'm just imagining this in my head, how on earth did he manage to hit you, he would have come up to the junction himself and seen you just sitting there.

Alanstrainor

Voodoomelon wrote: »

I'm just imagining this in my head, how on earth did he manage to hit you, he would have come up to the junction himself and seen you just sitting there.

That's what I was thinking...but at the same time...people are idiots so...

Silver 1234

It has to be his fault. You had right of way. He obliviously wasnt looking where he was going.

slingerz

It was wet and dark to be fair to him and he was old enough I couldn't believe it when it happened

Any ideas on my no claims bonus and if I'd get the value of the car from his insurance

k_smash

His fault.. i would think you could claim off his insurance because you werent wrong and your no claims bonus will be protected then... thats just what i think

Your no claims should be fine, if it's an economic right off I dunno would you get €5000 for it to be honest.

Duiske

slingerz wrote: »

I was stopped at a junction on a main road where I was indicating to turn right to a side road and as I was moving off a car coming from the side road to join the main road turning right hit me on the side.

From your description of the accident it appears you were in the right. What had the other driver to say about it ?
As for the insurance issue, if the accident is found to have been the fault of the other driver, then no, your NCB will not be affected. The value the insurance company place on your car however will be based on the open market selling price. The Revenue VRT calculator will give you an idea of the OMSP.

slingerz

Thanks for the response never been in this situation before.

Any ideas on the general time it takes to get the whOle thing sorted I'll need a car for work and I'd hope things would be wrapped up swiftly

k_smash

slingerz wrote: »

Thanks for the response never been in this situation before.

Any ideas on the general time it takes to get the whOle thing sorted I'll need a car for work and I'd hope things would be wrapped up swiftly

to be honest i had an accident on the 4th of january this year, and I am yet to receive money from insurance company. It was a similar situation to yours, the other person was in the wrong but the is a big rigamarole involved with the insurance companies. I had received a cheque twice from a certain insurance company and it was stopped both times.. just be prepared for the wait.. im still waiting.

slingerz

k_smash wrote: »

slingerz wrote: »

Thanks for the response never been in this situation before.

Any ideas on the general time it takes to get the whOle thing sorted I'll need a car for work and I'd hope things would be wrapped up swiftly

to be honest i had an accident on the 4th of january this year, and I am yet to receive money from insurance company. It was a similar situation to yours, the other person was in the wrong but the is a big rigamarole involved with the insurance companies. I had received a cheque twice from a certain insurance company and it was stopped both times.. just be prepared for the wait.. im still waiting.

That is some disaster. I thought it'd be relatively straightforward to be honest. What sort of procedure is there?

That VRT calc put the open market value at 2200 but to buy the same car on carzone is 5000!! Surely I'd get closer to that than the 2200??!

msg11

Your in the right OP .

This is basic rules of the road, your on the major road you have right of way.

As for payments, I crashed into a parked car with Aviva, they had everything sorted within two weeks.

Reported it on the day, filled out the form they sent on day three, they got form day five, car was taking on day six also got replacement car that day and third party got there payment also. Got the car back then about 7-8 days later.

Depends who you are with.

Duiske

slingerz wrote: »

Thanks for the response never been in this situation before.

Any ideas on the general time it takes to get the whOle thing sorted I'll need a car for work and I'd hope things would be wrapped up swiftly

If the other driver admits liability then it could be sorted out fairly quickly, but fairly quickly in insurance company language could still mean a month or so.
Do you have any extra benefits attached to you policy such as replacement car ? Even if the claim is not against your own policy, your insurance company would still provide a replacement, and recoup the costs from the other drivers insurance company. By the way, its most likely a requirement of your policy that you report the accident to your insurance provider, even in cases were the other driver admits liability, so do it as soon as possible.

k_smash

slingerz wrote: »

That is some disaster. I thought it'd be relatively straightforward to be honest. What sort of procedure is there?

That VRT calc put the open market value at 2200 but to buy the same car on carzone is 5000!! Surely I'd get closer to that than the 2200??!

its just loads of letters, phonecalls, motor assessors.. keep hounding them is all I say. they'll have to deal with it if you keep onto them.
It was with the company mentioned above that I am still waiting for a cheque which has bounced twice. So hopefully you wont have to deal with them.
As regards value: mine was worth 5000, and in the end after motor assessor fees etc. , i got 2940..

msg11

Duiske wrote: »

By the way, its most likely a requirement of your policy that you report the accident to your insurance provider, even in cases were the other driver admits liability, so do it as soon as possible.

Solid advise there, get onto them straight away, incase the guy you hit into decides actully it's not his fault.

Duiske

k_smash wrote: »

As regards value: mine was worth 5000, and in the end after motor assessor fees etc. , i got 2940..

Small tip here. If, like in k_smashs case, the difference between the final offer and what you feel is a fair offer is less then 3k, refuse the offer and insist that the dispute is resolved by arbitration. This has a couple of effects. It tells the company that you actually know how this game works, and that you are serious. Hidden in the small print of almost all insurance policies, it states that disputes are to be resolved via arbitration rather than through the courts. While it is cheaper to go the arbitration route, it still has costs which the company would rather not have to pay, so its likely that they will come back with yet another offer which will be more realistic.

I have an ex who worked in the insurance field and was forever talking about her work. Used to annoy me at times, but looking back on it I guess it had its benefits.

slingerz

Duiske wrote: »

k_smash wrote: »

As regards value: mine was worth 5000, and in the end after motor assessor fees etc. , i got 2940..

Small tip here. If, like in k_smashs case, the difference between the final offer and what you feel is a fair offer is less then 3k, refuse the offer and insist that the dispute is resolved by arbitration. This has a couple of effects. It tells the company that you actually know how this game works, and that you are serious. Hidden in the small print of almost all insurance policies, it states that disputes are to be resolved via arbitration rather than through the courts. While it is cheaper to go the arbitration route, it still has costs which the company would rather not have to pay, so its likely that they will come back with yet another offer which will be more realistic.

I have an ex who worked in the insurance field and was forever talking about her work. Used to annoy me at times, but looking back on it I guess it had its benefits.

Seems lik good advice man thanks

MugMugs

Duiske wrote: »

Small tip here. If, like in k_smashs case, the difference between the final offer and what you feel is a fair offer is less then 3k, refuse the offer and insist that the dispute is resolved by arbitration. This has a couple of effects. It tells the company that you actually know how this game works, and that you are serious. Hidden in the small print of almost all insurance policies, it states that disputes are to be resolved via arbitration rather than through the courts. While it is cheaper to go the arbitration route, it still has costs which the company would rather not have to pay, so its likely that they will come back with yet another offer which will be more realistic.

I have an ex who worked in the insurance field and was forever talking about her work. Used to annoy me at times, but looking back on it I guess it had its benefits.

Insurers can only apply their arbitration clause against their own client's. A Third Party can easily and quickly issue proceedings against the Third Party if they so wish.

OP

You'd be amazed how much leverage no personal injury claims give you with these guys too.

Parents had a tip a while back, I took over the claim for them and dealt with the Insurer. They were stiffing my folks about 5k until I pointed out that two Personal Injury claims were'nt forthcoming and wasn't that just great. They backed down and paid up.

slingerz

MugMugs wrote: »

Duiske wrote: »

Small tip here. If, like in k_smashs case, the difference between the final offer and what you feel is a fair offer is less then 3k, refuse the offer and insist that the dispute is resolved by arbitration. This has a couple of effects. It tells the company that you actually know how this game works, and that you are serious. Hidden in the small print of almost all insurance policies, it states that disputes are to be resolved via arbitration rather than through the courts. While it is cheaper to go the arbitration route, it still has costs which the company would rather not have to pay, so its likely that they will come back with yet another offer which will be more realistic.

I have an ex who worked in the insurance field and was forever talking about her work. Used to annoy me at times, but looking back on it I guess it had its benefits.

Insurers can only apply their arbitration clause against their own client's. A Third Party can easily and quickly issue proceedings against the Third Party if they so wish.

OP

You'd be amazed how much leverage no personal injury claims give you with these guys too.

Parents had a tip a while back, I took over the claim for them and dealt with the Insurer. They were stiffing my folks about 5k until I pointed out that two Personal Injury claims were'nt forthcoming and wasn't that just great. They backed down and paid up.

Thanks I'd be happy if I got the value of the car to get a replacement like that's my main concern really cos I can't afford a same class of car with the way things are now

slingerz

Do people leave the insurance company sort things out or get a solicitor to deal with them?

Fey!

You may be able to get the insurance company to go down the route of replacing your vehicle with the same make/model/year/mileage/spec. However, they will only do this with vehicles valued in excess of €5,000. They will also only buy the car of a garage so that there's a warranty.

lir6777

Definitely his fault OP- cars on minor roads have to yield to those on main roads. Can't believe he didn't see you!
As to insurance, I will celebrate the 1st anniversary of a claim this Sat- still have not received my money! Yours should be quite straightforward though, I can't see it taking more than a month unless he disputes, which he really shouldn't be able to do.
I believe carzone is the website often used to calculate value, the car's mileage etc will be important as well as make and year.
Can't see this being complicated- hope it all works out quickly for you!

slingerz

To update this he is claiming I hit him. Which is physicaly impossible how could the rear drivers side of my car make contact with the front of his if he didn't move as he claims!! So frustrating its unbelievable

slingerz

slingerz wrote: »

To update this he is claiming I hit him. Which is physicaly impossible how could the rear drivers side of my car make contact with the front of his if he didn't move as he claims!! So frustrating its unbelievable

If you cut the corner that could happen.

slingerz

RoverJames wrote: »

slingerz wrote: »

To update this he is claiming I hit him. Which is physicaly impossible how could the rear drivers side of my car make contact with the front of his if he didn't move as he claims!! So frustrating its unbelievable

If you cut the corner that could happen.

If I cut the corner the other party would have damage to the front corner of his car his headlight would be damaged but it was his licence plate that came off with no damage to the front corner of his car secondly where the debris on the road would have meant that he was out beyond the stop line and on the main road which wouldn't be possible as he would have obstructed oncoming traffic so he must have moved off from the junction where I would have had right of way to complete my turn

My writing all that down just confirmed in my head that I had to be right!

lir6777

That's crazy!
Make sure your insurance co and his see the damage to your car, take a ton of photos yourself as well. The damage to the cars will be very important in determining fault here- there's no way if it's as you say to his front reg, that you could have hit him. That would be amazing manoeuvring skills.
My bet is they'll look at both cars and you'll win straight off.
Good luck!

mgbgt1978

If there is even a sniff of the other driver failing to admit liability (usually after talking to another family member, etc) then your best option is to get in touch with a solicitor now and have them send a letter to the other party's insurance company threatening them with a court date.
This letter is the only way to get them to sit-up and take you seriously. If you just keep phoning them yourself they will continue to fob you off indefinitely.
It will cost you somewhere between €100/€150 for the 1st consultation and the initial letter but the solicitor route is the only way to move things along. Also they will advise you how to ensure that you get the value of your car from the insurer.
Also make sure that you have the names of the Gardai who attended. In the absence of any witnesses their report (and opinions) can often play a major part in these cases.

msg11

I knew this would happen.

First things first, get in touch with your insurance company. Secondly, sit down and write down what happened. But get in touch with your insurance company.

Drivers do this alot , admit liability then for some bizarre reason come back later and say it wasn't my fault.

Hopefully you have photos even better if you have a Garda report.