car crash advice

soups05

Hi all,in need of some general advice re a car accident. I was driving along a main road which has a 90 degree left hand bend. at the right hand side of the bend there is an exit for a shopping centre which has a stop sign and stop line where it meets the main road.
When i was driving along the main road an old (ahem) dear came from the right,through the stop sign and straight in front of me. I breaked and my front right corner of the bumper hit her left side wheel well and dented as far back as her passenger side door.
I was going slow to get around the bend but she was traveling faster as she was going straight so while i stopped she moved on a little bit. so more damage to her than me.
She immediatly claimed it was my fault as she had right of way because she was going straight, i pointed out the stop sign she had driven through and she said she was calling the gardi. i got back into my car and waited.
a minute later she came back over and asked me to move my car back a little to allow her to move her car.
I did as the road was filled with cars/buses etc which could not get around us.I jumped out again to check the damage and exchange insurance details etc only to see her drive off down the road.
in a panic i jumped back in and followed her,while my wife phoned 999 and gave a running commentary to the operator.3 mins later the old dear pulled into a car park and sat there for a couple of mins. i did not apporach her just waited for the gardi.
then out of the bule she drove out again and when i followed her i lost her. i returned to the car park to wait but as i got close i saw a patrol car pulling out and driving away so i went to the station to report it all.

here's where it all started to go wrong for me. let me say at the outset i know i was stupid and in the wrong but i had not been thinking of that before i set out. my tax and nct were up and the car was broken down so i left it in my mechanics yard for him to fix. he's a mate so he looked after it while i tried to get the money together for repairs. after fixing the suspension,drive shaft,new front breaks,new tyres etc all to get it ready for nct i picked up the car yesterday at 230pm.
the mechanic gave me a form to get stamped at the local station to show it was off the road for a couple of months and warned me to get it sorted asap.
on the way there i had a choice between turning left to garda baracks or right to car parts shop to pick up windscreen wash. idiot that i am i went right and was on that road when i had the accident.

when i went to the baracks the garda who was there was really pissed of at me. he (rightly) read me the riot act for no nct and no tax plus leaving the scene of an accident. my insurance was in date but is up at the end of this month,hence the rush to get the car nct'ed before my renewal date.

the garda convinced me to allow him to talk to the other driver and see if we can agree to deal with our damages ourselves. he warned me we both can be done for leaving the scene (5 points) plus i can be done for no tax (3 points) no nct (5 points) which of course puts me back off the road after spending a fortune fixing car.
she can be done for running through stop sign so 5 more points there. (his estimate not mine)
i now face back taxing the car,more repairs for the nct and of course possible court apparance for the nct/tax/leaving scene.
I know its my own fault but i have one question, what to do about the insurance. its due up 2 april, do i renew and hope to get car back on road in a few months? do i need to tell them about the accident or not as i am not claiming.
if it makes anyone feel better karmas a bitch. i was just finished 2 months of phyiso for a bad back and the low speed ,sligth impact was still enough to leave me in bad shape.

so any advice?
i expect and deserve abuse for my stupidity so feel free

dharn

sorry to hear about your misfortune, i believe you have to pursue the old dear, it was her fault, leaving scene, i doubt that you could be blamed for that ,you were in shock for a start im sure ,and following the runaway driver while calling the guards, i would advise you to contact your insurance company and tell them the story, cause old dear could follow you and say it was your fault, so your insurance would have to fight it on your behalf

uck51js9zml2yt

It might be an obvious question but since you had her details why arent you claiming against her.

I cant give you any advice on the rest.
But for future, I always carry a disposable camera in the car. That way I can take photos of the scene before anything is moved.

Are the Guards going after her for dangerous driving?

soups05

the garda i was dealing which was really pissed off with me at frist but he could see i was genuine in my guilt and he took a softer appoarch. he asked if i was injured and i explained that i had a bad back anyway and the crash just made it a bit worse. its not like i can't move or anything but i will be getting into the doctor in the monring as i feel worse today than yesterday. i put that down to being unable to sleep last night. too many thoughts running around my head about will i get a fine/points etc.
the garda hinted that fixing the cars ourselves would mean the gardi don't need to be involved any futher and that while i may still get done for nct/tax etc it was not 100% .
if i go down the route of claiming for damages/injury etc it will mean garda involment in court case which means thier hands are tied and they have to proscute for the other offences.
so not got off clean but may do so if i dont claim but will be done if i do claim. plus the old dear may decide its all my fault and decide to sue me so dont know were i stand.
afraid to talk to insurance company in case they insist i take a claim.

CiniO

That's actually very interesting point that one can be charges for leaving the scene of accident (which is pretty serious offence) even though he moved from there only to follow person who caused the accident and left the scene.

I would never thought that was the case and if something like this happened to me (someone caused an accident and started running away) that would definitely be my first thought to chase him/her.

MugMugs

Well you had no TAX or NCT..... That's an issue for you and the Gardai.

I fail to see how you can be done for leaving the scene of an accident when you were clearly in pursuit of the individual who caused the damage to your car..... I'm a little lost by the Garda's logic tbh.

guil

the guard is talking sh!te about the penalty points aswell, there's no pp for tax and points arent cumulative, you only get points for the largest offence

soups05

i think his logic is that proscuting is a lot of paperwork,claiming is a lot of paperwork,proving who was at fault seems easy but you know the courts.
if i pursue it i may end up with massive points,big bill for nct/tax/repairs etc and small amount of money 2 years down the road IF i win.

if i dont claim then no paperwork,no court case, left with bill for repairs nct/tax or sell the car and stick to the bike till i can save for a new car.(i worked that out at around two years saving,times are tough )

then you have other things like loss of ncb as i will be off the road 2 years, do you lose it if you sue someone else and win? not sure,seems unlikely but who knowes these days

soups05

guil i'm sorry but i don't understand, only points for the largest offense?

guil

say for example you were stopped for speeding and also had no nct, 2 points for speeding and 5 for no nct but only 5 will be applied to the licence cos its the larger penalty point offence

thats my arse ways way of explaining it, i'm sure someone here could explain it better

dharn

op had you an nct booked, as you were clearly getting the car repaired, but if you had nct booked it would look much better for you, i dont think you have any choice but to inform your insurance immediately, they wont cover you if you dont inform them about the accident, old dear may sue you and it could be 2 years before it comes to court if you did not inform them you would be f***..

soups05

:eek::eek:

so at the maximum i would get 5 points for the no nct not a total of 13 points for all the offences.

i can be so thick at times, but i'm sure the garda phrased it that i would be off the road with all those points. simple error on his part or clever way to avoid paperwork. hmmm

thank you guil.

soups05

dharn, no nct booked,had just picked the car up at 230 and had the accident at 3 on my way home. both the car parts shop and garda baracks are inbetween my mechanics yard 5 miles outside town and my home near centre of town.

i should add at this point that the garda hmmed and hawed but then allowed me to drive the car home as long as i keep it off the road till its fully sorted. he was telling me that he should really keep the car at the station and he was doing me a big favour allowing me to drive away.

REDLINE@

soups05
You’re not actually required to stay at a scene of an accident if there is no one present to give your details to; the only requirement is to report the accident to a Garda station ASAP

She however is required to stay at the scene of an accident until detail were exchanged

this might help

http://www.rotr.ie/accidents-gardai-and-penalties/correct-behaviour-at-accident-scene/what-drivers-must-do.html

CiniO

REDLINE@ wrote: »

soups05
You’re not actually required to stay at a scene of an accident if there is no one present to give your details to; the only requirement is to report the accident to a Garda station ASAP

She however is required to stay at the scene of an accident until detail were exchanged

this might help

http://www.rotr.ie/accidents-gardai-and-penalties/correct-behaviour-at-accident-scene/what-drivers-must-do.html

Actually from what I remember Law requires driver to stop and remain on the scene of accident for reasonable time.
I suppose OP stayed there and only left when person who caused accident run away, so IMHO this was reasonable time.

soups05

thats great redline, but the garda did say i may be done for leaving the scene. was he mistaken then?
i was talking to my brother in the last half hour and he thinks i had the right to follow the other driver to get her details. of course he thinks am an idiot for not suing her for every penny i can get but thats more his style lol.
need to head off and try to get some sleep.back is really aching now. thank god i have finished the physiotherapthy cos i would not be fit for it this week lol.

i think its a case of waiting to see what happens.

will i get done for leaving the scene?
will i get done for no nct/tax?
will the other driver put in a claim agaisnt me?

tune in for next episode

will come back and update if something happens. am guessing 2/3 months of waiting to hear something before i can relax.

thanks for all the replies folks. i expected to get a torrent of abuse for my stupidity but you have all been really kind and really helpful.plus having read the dash cam thread i will now be investing in one of those for the bike

CiniO

soups05 wrote: »

thats great redline, but the garda did say i may be done for leaving the scene. was he mistaken then?

Leaving the scene of accident is not a fixed charge offence, so it will not be up to garda to fine you, but the court will have to decide.
I can't see how court could fine you for that provided you stayed there for a while until the other party left without exchanging details.
For what reason would anyone expect you to stay there any longer.

Be prepared though for fined for no tax/nct but I think you should still end up better with those fines, and claiming from the other party insurance as she was obviously at fault.

keithclancy

AFAIK If the Garda didn't arrive at the scene and was no injuries its a 'Civil Matter'

Chris_Heilong

keithclancy wrote: »

AFAIK If the Garda didn't arrive at the scene and was no injuries its a 'Civil Matter'

Was about to say the same, its not really an accident in the eyes of the Guards unless someone is hurt, if you have a tip its best to just inform the police sometime that day no need to call them out to the scene unless its really bad.

soups05

i don't believe it. the garda just rang me to let me know that the old dear is looking for me to repair her car.she is saying the accident happened at a different junction and that she had right of way.
i explained to the garda that i had right of way as she ran through the stop sign but he is saying i should just repair her car rather than let the insurance company deal with it.
i did not inform my ins company cos he told me it would be easier to repair our own cars ffs.

:mad::mad::mad::mad:


hate to post and run but gotta go out now. will check back in later when i have calmed down

keithclancy

soups05 wrote: »

i don't believe it. the garda just rang me to let me know that the old dear is looking for me to repair her car.she is saying the accident happened at a different junction and that she had right of way.
i explained to the garda that i had right of way as she ran through the stop sign but he is saying i should just repair her car rather than let the insurance company deal with it.
i did not inform my ins company cos he told me it would be easier to repair our own cars ffs.

:mad::mad::mad::mad:


hate to post and run but gotta go out now. will check back in later when i have calmed down

Its nothing to do with the Garda, ignore further calls from him.

Auguste Comte

soups05 wrote: »

i don't believe it. the garda just rang me to let me know that the old dear is looking for me to repair her car.she is saying the accident happened at a different junction and that she had right of way.
i explained to the garda that i had right of way as she ran through the stop sign but he is saying i should just repair her car rather than let the insurance company deal with it.
i did not inform my ins company cos he told me it would be easier to repair our own cars ffs.

:mad::mad::mad::mad:


hate to post and run but gotta go out now. will check back in later when i have calmed down

I wonder is the old dear the gardas mammy.

Report this to your insurance and let them sort it out, that's what you pay them for, the oul wan sounds like right wack ball better off not dealing with her yourself. If you offer to pay for her car next thing you know you will be paying for her hip replacement, back pain and psychological trauma. Tell her to F.O.

No point worrying about the Garda he will do whatever he will do, all you can do is protect your position, you reported a hit and run and followed a potentially drunk, dangerous, drugged, driver it's hard to see leaving the scene of an accident being an issue, tax and nct are another issue but what's done is done.

cabrwab

Trouble here is the gardai not coming on the scene, the gardai shouldve being involved in this accident as this person broke a stop sign.

You should've informed your insurance company after this happened, not a week later.

I do wonder does the garda know her.

If you wish to contact the gaurds she does have to stay on the scene, even if its a case of them saying civil matter, i cannot imagine this could be a civil matter this woman broke a stop sign.

Cant believe the gaurd wanted your head after you reported the accident first.
Its a pity you didnt have an NCT booking or something, although 20/20 vision in hindsight.
Let the insurance company know NOW, and let them deal with the other side.

Any chance you could google st view the location?

soups05

sorry for the delay,have the location on google street view but don't know how to post it.
hope this is right

http://maps.google.ie/?t=h&layer=c&cbll=-3.137768,-60.493357&panoid=1ci-8iBT_UuG1dlrUy1vzg&cbp=12,154.19,,0,-2.8&ie=UTF8&ll=-3.142916,-60.488234&spn=0.081674,0.132093&z=14&source=embed

on the right hand side is the road she came from,there is a greenish car facing me half hidden by a bush. just above and behind that car is the rear of the stop sign she went through.

i tried to get a view from her viewpoint but it wont show it as its a private car park belonging to the shopping centre.

Bohrio

soups05 wrote: »

sorry for the delay,have the location on google street view but don't know how to post it.
hope this is right

http://maps.google.ie/?t=h&layer=c&cbll=-3.137768,-60.493357&panoid=1ci-8iBT_UuG1dlrUy1vzg&cbp=12,154.19,,0,-2.8&ie=UTF8&ll=-3.142916,-60.488234&spn=0.081674,0.132093&z=14&source=embed

on the right hand side is the road she came from,there is a greenish car facing me half hidden by a bush. just above and behind that car is the rear of the stop sign she went through.

i tried to get a view from her viewpoint but it wont show it as its a private car park belonging to the shopping centre.

yeah I see... now I understand why the gardai didnt turn out... was it rush hour when it happened? doesnt look to busy it'd be hard to find any witnesses...

... check the google link again, I dont think this is where it happened... unless the accident happened in the amazon

soups05

will try again

soups05

http://maps.google.ie/maps?q=dundalk&hl=en&ll=53.999024,-6.40359&spn=0.00049,0.00142&sll=-3.137768,-60.493357&sspn=0.053221,0.090895&t=h&hnear=Dundalk,+County+Louth&z=20&layer=c&cbll=53.999022,-6.403743&panoid=qLwnlpL-UYSSkeM9aToXZw&cbp=12,104.21,,0,12.15

hope that ones right

:o:o

CyberGhost

Sorry to steal this topic away for a minute, but I've just been rear ended about two hours ago.

And let me say this, Garda is the most useless force I've ever encountered. I'm sorry if any of you are Gards or have a Garda relative, but they are USE-LESS! I called them several times and waited for an hour with the person that rear ended me, cause I wanted the accident documented, Garda station is about 800 meters down the road, no one showed up.

Now I'm sure they had more important things to do like standing around inspecting TAX discs, but come on...

In the end, we just settled on the spot cause the damage wasn't that bad and parted ways.

Let me tell you another thing, it is not a good feeling, it definitely is not a good feeling, even a small traffic accident, it really shook me up.

OP, I feel you! Good luck to you!

Drive safely everyone!