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What would you do?

  • 28-08-2012 12:42pm
    #1
    az2wp0sye65487
    Closed Accounts Posts: 1,931 ✭✭✭


    I was recently involved in a traffic collision where my car was rear ended. Nobody hurt and only minor damage.

    Other driver was reluctant to give me insurance details at the time. While trying to sort it out we exchanged phone numbers (probably not the best idea). Afterwards something just wasn't sitting right with me about his behaviour so I decided to just go through his insurance to repair the damage.

    The other driver called me today and was fairly aggressive and abusive. He had gotten a call from his insurance company to obviously tell him about the claim. I managed to keep my calm (I barely said anything and just let him rant tbh) and then he hung up.

    I reported it to his insurance company who said they will contact him and request that he does not make contact with me again. Hopefully that will be the end of it...

    Just wondering, would you leave it at that or take it further? If I get any more calls or even an abusive txt etc. I'll be informing the Gardai. Can they do anything if he calls me again but I have no evidence of what is said during the call?


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    You've made things difficult for him now because he didn't report the matter to his insurance. As well as that you've cost him his no claims bonus instead of letting him stump up the repair bill. No wonder he's pissed. I would be too. Why did you not tell him you were going to go through insurance? In fact, never mind, I'm sure the answer is with PIAB at the moment.


  • #3
    az2wp0sye65487
    Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    When it happened I said from the start that I wanted his insurance details etc.

    He tried to talk me out of taking details and got fairly defensive and a little aggressive at the roadside when I mentioned that I was going to have my car checked out for damage etc.

    It was his attitude at the time that made me go through his insurance tbh. I was sitting in traffic. He hit me. I was calm and fair throughout. He got defensive, tried to fob me off - and then couldn't wait to get out of there... Got in his car and drove off before I'd finished. We could have settled it at the roadside but he didn't hang around. Don't think I owe him any courtesy after that carry on tbh.

    What's a PIAB btw?


  • #4
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    PIAB is a body which assess injury claims.

    Personally I completely disagree with MagicSean on this one - the guy has no right to be pissed. It's not a right when you cause an accident for the injured party to accommodate you. Fair enough the OP stating it wasn't going though the insurance isn't nice but if the guy was acting anything other than completely grateful to the OP I see the justification. A polite phone call asking what the story was in regards to it now going though the insurance would have been one thing. Being aggressive is another. I'd just phone your mobile operator and get the number blocked personally.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    MagicSean wrote: »
    You've made things difficult for him now because he didn't report the matter to his insurance. As well as that you've cost him his no claims bonus instead of letting him stump up the repair bill. No wonder he's pissed. I would be too. Why did you not tell him you were going to go through insurance? In fact, never mind, I'm sure the answer is with PIAB at the moment.


    As the OP said "Nobody hurt and only minor damage" i can not see why PIAB would be involved. The OP did the correct thing in letting the Insurance company deal with its what insurance is for. In relation to no claims bonus the guy should have had no claims protection.


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Or his foot closer to the brake.


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Lana Orange Newcomer wrote: »
    I was recently involved in a traffic collision where my car was rear ended. Nobody hurt and only minor damage.

    Other driver was reluctant to give me insurance details at the time. While trying to sort it out we exchanged phone numbers (probably not the best idea). Afterwards something just wasn't sitting right with me about his behaviour so I decided to just go through his insurance to repair the damage.

    The other driver called me today and was fairly aggressive and abusive. He had gotten a call from his insurance company to obviously tell him about the claim. I managed to keep my calm (I barely said anything and just let him rant tbh) and then he hung up.

    I reported it to his insurance company who said they will contact him and request that he does not make contact with me again. Hopefully that will be the end of it...

    Just wondering, would you leave it at that or take it further? If I get any more calls or even an abusive txt etc. I'll be informing the Gardai. Can they do anything if he calls me again but I have no evidence of what is said during the call?


    In answer to your question, 1. I would let it go one call does not usually a problem make. 2. If the guy does send you absusive texts or makes abusive calls then make a complaint to AGS, a number of such calls or texts may be covered by the Non fatal offences against the person Act 1997 section 10.

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Procrastastudy wrote: »
    Or his foot closer to the brake.


    Or the other foot not so heavy on the accelerator.


  • #9
    dricko_lim
    Registered Users, Registered Users 2 Posts: 307 ✭✭dricko_lim


    MagicSean wrote: »
    You've made things difficult for him now because he didn't report the matter to his insurance. As well as that you've cost him his no claims bonus instead of letting him stump up the repair bill. No wonder he's pissed. I would be too. Why did you not tell him you were going to go through insurance? In fact, never mind, I'm sure the answer is with PIAB at the moment.

    no matter what the situation I would go through insurance. why have it if not??? What could be material damage could be more serious on a thorough inspection which may not be done and you've no leg to stand on if you discover something more serious after you settle with the person who hit you

    Oh and I have rear ended someone, accidents can happen and I didnt shout my mouth off at the other guy going through my insurance. My fault I sucked it up and moved on.


  • #10
    az2wp0sye65487
    Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    Thanks for the info. Just to clear one thing up... I never said that I was not going to go through his insurance. I asked for his insurance details from the start.

    Before we had a chance to agree anything he drove away.


  • #11
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    MagicSean wrote: »
    You've made things difficult for him now because he didn't report the matter to his insurance. As well as that you've cost him his no claims bonus instead of letting him stump up the repair bill. No wonder he's pissed. I would be too. Why did you not tell him you were going to go through insurance? In fact, never mind, I'm sure the answer is with PIAB at the moment.

    Eh??? Why would the other party be upset that the OP went through the insurance? Why didn't the other party give his details when requested to do so? (probably had either invalid or worse no insurance) It's the LAW!!

    Isn't it also a condition of insurance that the accident has to be reported whether you're making a claim or not? So, no. I don't see a problem here.


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  • #12
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Procrastastudy wrote: »
    Or his foot closer to the brake.

    Or even his eyes on the road!!!


  • #13
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    ResearchWill wrote: »
    Or the other foot not so heavy on the accelerator.
    Is it not the same foot?.


  • #14
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    aujopimur wrote: »
    Is it not the same foot?.

    Well yes but thought it read better that way, let's call it artist license.


  • #15
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    Rear ending accidents are every Personal Injury solicitors dream.

    I am just making that point.

    But yes, only go near the Injuries Board if you have been injured.

    The insurer of this guy has told him to back off and stay away and that should be the end of that OP. Just get your car repaired and send the insurer the Bill.

    ...and if you are feeling sore (soft tissue injury) at your back and/or neck visit your GP, often these symptoms do not show until weeks or even months post accident.


  • #16
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    McCrack wrote: »
    Rear ending accidents are every Personal Injury solicitors dream.

    criminal lawyers too no doubt ;)


  • #17
    Pkiernan
    Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    MagicSean wrote: »
    You've made things difficult for him now because he didn't report the matter to his insurance. As well as that you've cost him his no claims bonus instead of letting him stump up the repair bill. No wonder he's pissed. I would be too. Why did you not tell him you were going to go through insurance? In fact, never mind, I'm sure the answer is with PIAB at the moment.

    Total shyte stirring post.

    OP, you have every right to pursue thru insuranve and no duty either legal or moral to inform the other party that you are doing so.

    Ignore the rubbish from MagicSean (some of his posts are decent, but this is one of his doing this to be contrary ones).


  • #18
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Pkiernan wrote: »
    Total shyte stirring post.

    I'm not 100% sure whether that comment refers to your or his in all honesty! :D


  • #19
    kebris
    Registered Users, Registered Users 2 Posts: 22 ✭kebris


    Don't forget to report the accident to your own insurance company.
    My OM was a lifetime in Insurance, and his mantra always was ... "FIRST - Report to your own insurance company". They will do all the foot-work for you, including contacting the other parties insurance.


  • #20
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Pkiernan wrote: »
    Total shyte stirring post.

    OP, you have every right to pursue thru insuranve and no duty either legal or moral to inform the other party that you are doing so.

    Ignore the rubbish from MagicSean (some of his posts are decent, but this is one of his doing this to be contrary ones).

    A bit uncalled for I think.

    My opinion is that in the case of a minor material damage accident you should give the person the opportunity of paying up first. If they won't then you should inform your own insurance and allow the other fella to inform his insurance. There's no legal or moral duty to, it's just common courtesy.


  • #21
    az2wp0sye65487
    Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    MagicSean wrote: »
    Pkiernan wrote: »
    Total shyte stirring post.

    OP, you have every right to pursue thru insuranve and no duty either legal or moral to inform the other party that you are doing so.

    Ignore the rubbish from MagicSean (some of his posts are decent, but this is one of his doing this to be contrary ones).

    A bit uncalled for I think.

    My opinion is that in the case of a minor material damage accident you should give the person the opportunity of paying up first. If they won't then you should inform your own insurance and allow the other fella to inform his insurance. There's no legal or moral duty to, it's just common courtesy.

    That may be so... But when the driver who crashed into you is full of attitude... Borderline aggressive, and then drives away before you have a chance to sort the matter out, common courtesy goes out the window.

    Wouldn't you agree?


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  • #22
    keysersoze0330
    Registered Users, Registered Users 2 Posts: 2,051 ✭✭✭keysersoze0330


    Lana Orange Newcomer wrote: »
    That may be so... But when the driver who crashed into you is full of attitude... Borderline aggressive, and then drives away before you have a chance to sort the matter out, common courtesy goes out the window.

    Wouldn't you agree?

    Absolutely agree with this. The other driver had every opportunity on the roadside to be a bit more co- operative


  • #23
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Lana Orange Newcomer wrote: »
    That may be so... But when the driver who crashed into you is full of attitude... Borderline aggressive, and then drives away before you have a chance to sort the matter out, common courtesy goes out the window.

    Wouldn't you agree?

    No I don't give up my good behaviour because someone else does. My courtesy isn't dependant on getting it back.


  • #24
    az2wp0sye65487
    Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    MagicSean wrote: »
    Lana Orange Newcomer wrote: »
    That may be so... But when the driver who crashed into you is full of attitude... Borderline aggressive, and then drives away before you have a chance to sort the matter out, common courtesy goes out the window.

    Wouldn't you agree?

    No I don't give up my good behaviour because someone else does. My courtesy isn't dependant on getting it back.

    So if I crash into you, try to make out there is no harm done, act a little aggressively & defensively - and then leave the scene of the accident before we reach any agreement on how to proceed.... You won't report it to the insurance companies in order to have your car repaired???

    Well you're either incredibly courteous to the point where you would let others take advantage of you - or just lying because you're sticking to your guns so as to argue your original point..


  • #25
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Lana Orange Newcomer wrote: »
    So if I crash into you, try to make out there is no harm done, act a little aggressively & defensively - and then leave the scene of the accident before we reach any agreement on how to proceed.... You won't report it to the insurance companies in order to have your car repaired???

    Well you're either incredibly courteous to the point where you would let others take advantage of you - or just lying because you're sticking to your guns so as to argue your original point..

    People get heated and annoyed at traffic accidents. Sometimes it's because they feel stupid and sometimes they are just in shock. I'd give them a day. If they didn't cooperate on my follow up I would report it to my insurance company.


  • #26
    az2wp0sye65487
    Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    MagicSean wrote: »
    Lana Orange Newcomer wrote: »
    So if I crash into you, try to make out there is no harm done, act a little aggressively & defensively - and then leave the scene of the accident before we reach any agreement on how to proceed.... You won't report it to the insurance companies in order to have your car repaired???

    Well you're either incredibly courteous to the point where you would let others take advantage of you - or just lying because you're sticking to your guns so as to argue your original point..

    People get heated and annoyed at traffic accidents. Sometimes it's because they feel stupid and sometimes they are just in shock. I'd give them a day. If they didn't cooperate on my follow up I would report it to my insurance company.

    I wasn't getting heated. In fact, I was trying to calm him down.... Even though it was 100% his fault. So there was no need for him to be heated.

    The way he dealt with it made me wary which is why I decided to go through his insurance. Anyway, this is getting away from my original question - which was how would you deal with the aggressive & abusive phone call...


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