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Car Accident - Who's at fault?

  • 31-01-2013 10:45pm
    #1
    Closed Accounts Posts: 11,221 ✭✭✭✭


    I was in a lane going straight and another driver was in a lane to my right which is right turn only. My lane was at a standstill and there were no cars in front of this driver. He tried to bully his way into my lane but there was no room. I wasn't moving into the bus lane to avoid him. There was a lot of moving traffic in the bus lane. When the traffic began to move I moved forward too, so did he, while pushing his way into my lane. He drove very close to me and there was a collision. He got out of his car and he opened my door but I closed it again and opened the window instead to talk to him. He was pretty angry.

    We were almost parallel to one another when the collision occured. There is no damage on my car but his car has a scrape on the front left panel in front of the wheel arch and slightly behind the bumper. There is a mark on my right drivers door, but I am not even sure if that was him. It was dark and my car is not so clean.

    Anyway, he tried to say that I drove into him on purpose. I was taking down his reg and he spat chewing gum at the back of my head. He then started getting very aggressive and began pushing me. ?He pushed me two or three times. I tried to get back into my car but he wouldn't allow me into the driver seat. He realised what he had done wrong and then tried to provoke me, calling me a coward and that I was "Yellow". I have an independent witness who gave me his details.

    The Gardai were called to the scene and were notified of the assault by myself and somebody else who seen it. I am going to make a statement, but not sure if it's worth going to a Lawyer, I rather not be out of pocket for it.


Comments

  • Registered Users, Registered Users 2 Posts: 3,844 ✭✭✭Jimdagym


    He was changing lanes, it sounds like he is completely to blame.

    The assault is completely uncalled for and I would seek the garda to procede against him.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Sounds like the other driver is at fault to be honest.

    Did you report it to your insurance, and did you get his details?


  • Registered Users, Registered Users 2 Posts: 3,844 ✭✭✭Jimdagym


    Jimdagym wrote: »
    He was changing lanes, it sounds like he is completely to blame.

    The assault is completely uncalled for and I would seek the garda to procede against him.

    And I would have a good look at your door and be certain he didnt cause the damage.


  • Registered Users, Registered Users 2 Posts: 85,046 ✭✭✭✭Atlantic Dawn
    GDY151


    He realised what he had done wrong and then tried to provoke me, calling me a coward and that I was "Yellow".

    Biff Tannen will never learn, why didn't you just take your car to 88mph and arrive back 2 minutes before the crash happened and avoid it?


  • Registered Users, Registered Users 2 Posts: 11,610 ✭✭✭✭fullstop


    Sounds like the usual crap you see every day of people who think they're too special to wait in line like everyone else. Drive to the top of the queue in the wrong lane and then bully your way in. He was at fault, you were under no obligation to let him merge, even if it is good manners and he vindicated you with his aggression after the incident.


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  • Registered Users, Registered Users 2 Posts: 1,261 ✭✭✭7ofBrian


    He's at fault and he assaulted you after the fact. Do all you can to make sure this jackass feels the full force of the law. Its the only way morons like him (and there are TONS of them!!!) will learn.


  • Registered Users, Registered Users 2 Posts: 5,355 ✭✭✭Ardent


    No excuse for his behaviour but you were a bit of a dick in the way you wouldn't let him in.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Ardent wrote: »
    No excuse for his behaviour but you were a bit of a dick in the way you wouldn't let him in.

    No he wasn't, he was in the right lane, driving in heavy traffic, and wanting to move along. He would have impeded the flow of traffic potentially by allowing another driver from a WRONG lane in.


  • Registered Users, Registered Users 2 Posts: 1,829 ✭✭✭tcawley29


    OP Get a lawyer and sue him for everything hes worth. I absolutely hate seeing people try to force their way into lanes and if I feel I'm being bullied I will not budge. You did not deserve to be treated like that and the other driver was 100% at fault. Keep us posted how this turns out.


  • Registered Users, Registered Users 2 Posts: 64 ✭✭JimmyTee


    I advise my other half to ease back in these situations and just let the other car in or whatever the situation is on the road.

    You just never know what kind of psycho the other driver may be.

    I once saw a guy attacking another cars windscreen with a golf club because of road rage, all for a bit of tarmac, get a grip !


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  • Registered Users, Registered Users 2 Posts: 754 ✭✭✭repsol


    Sue him. His behavior was an assault.


  • Registered Users, Registered Users 2 Posts: 7,302 ✭✭✭Supergurrier


    Pretend to like shoes

    Works 62% of the time every time


  • Closed Accounts Posts: 2,733 ✭✭✭SnowDrifts


    tcawley29 wrote: »
    OP Get a lawyer and sue him for everything hes worth.

    You do realise that you have to have calculable damage in order to sue someone right? So, by all means, let the OP sue for any damage to his car or if he had any medical injuries as a result of the assault but thankfully, people can't just go around suing people " for everything" their worth.


  • Registered Users, Registered Users 2 Posts: 8,800 ✭✭✭Senna


    The Guards will ask you if you want to press charges, say YES.


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭peteb2


    I have to say although you were in the correct lane and all it will end up going against you. You saw him pulling in and continued to drive forward damaging his car as a result. Your description of the damage reflects that.


  • Closed Accounts Posts: 1,102 ✭✭✭DylanII


    peteb2 wrote: »
    I have to say although you were in the correct lane and all it will end up going against you. You saw him pulling in and continued to drive forward damaging his car as a result. Your description of the damage reflects that.

    The other guy had to have seen the OP too.

    I would have done the same thing. If it looks like they went into the wrong lane by accident ill let them in, but someone trying to skip the que, not a chance.

    The same with those people that slowly move their car out at a junction trying to force you to stop. If the stop and wait ill let you out a lot of the time if not then you can stay there.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    peteb2 wrote: »
    I have to say although you were in the correct lane and all it will end up going against you. You saw him pulling in and continued to drive forward damaging his car as a result. Your description of the damage reflects that.

    I would suggest the fact that this guy hit the OPs drivers door its unlikely anyone could claim that the OP was in the wrong. Perhaps if it was the other way around and the OP hit the passenger door of the other car as it was pulling in then it might be different, but as it stands the other car drove into the side of the car that was in the correct lane. Whether or not the OP saw the other car indicating to pull in is irrelevant; you are under no obligation to stop to allow other cars to merge into your lane.


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Ardent wrote: »
    No excuse for his behaviour but you were a bit of a dick in the way you wouldn't let him in.

    he was a bit of a dick being in the wrong lane (possibly in error but usually cos he's a queue-jumper)


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭peteb2


    djimi wrote: »
    I would suggest the fact that this guy hit the OPs drivers door its unlikely anyone could claim that the OP was in the wrong. Perhaps if it was the other way around and the OP hit the passenger door of the other car as it was pulling in then it might be different, but as it stands the other car drove into the side of the car that was in the correct lane. Whether or not the OP saw the other car indicating to pull in is irrelevant; you are under no obligation to stop to allow other cars to merge into your lane.

    That's fine as per the rules of the road. But in a liability situation that doesn't apply. It doesnt give the OP carte-blanche to just plough ahead. Every one agrees it was dick-head move on behalf of the other fella. But two wrongs don't make a right...............just an insurance claim!


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭peteb2


    DylanII wrote: »
    The other guy had to have seen the OP too.

    I would have done the same thing. If it looks like they went into the wrong lane by accident ill let them in, but someone trying to skip the que, not a chance.

    The same with those people that slowly move their car out at a junction trying to force you to stop. If the stop and wait ill let you out a lot of the time if not then you can stay there.

    And I would have done the exact same too. But the amount of times I have had to just give up because the other fcuker is determined to plough on through!


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  • Closed Accounts Posts: 655 ✭✭✭hyperborean


    Legally your in the right, but you should have been cool and let the moron in to the lane, live and learn.


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    peteb2 wrote: »
    That's fine as per the rules of the road. But in a liability situation that doesn't apply. It doesnt give the OP carte-blanche to just plough ahead. Every one agrees it was dick-head move on behalf of the other fella. But two wrongs don't make a right...............just an insurance claim!

    correct me if I'm wrong but ...rules of the road state that you change lanes when safe to do so (ie. when there is a space and not another car in the next lane)


  • Registered Users, Registered Users 2 Posts: 387 ✭✭Ascii


    JimmyTee wrote: »
    I advise my other half to ease back in these situations and just let the other car in or whatever the situation is on the road.

    You just never know what kind of psycho the other driver may be.

    I once saw a guy attacking another cars windscreen with a golf club because of road rage, all for a bit of tarmac, get a grip !


    Great advice :D:D:D You should join the golf forum ;)


  • Registered Users, Registered Users 2 Posts: 151 ✭✭landcrzr


    Legally your in the right, but you should have been cool and let the moron in to the lane, live and learn.


    I wouldn't be so sure. You have an obligation to avoid an accident if you can, that said, so does the other driver. I agree it would be very bad form if the OP was held liable.

    I would pursue the assault however. These animals can not be let get away with this behaviour. The next time, they might hurt someone.


  • Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    Stheno wrote: »
    No he wasn't, he was in the right lane, driving in heavy traffic, and wanting to move along. He would have impeded the flow of traffic potentially by allowing another driver from a WRONG lane in.

    Yes so never ever let other drivers into your lane, because it will impede your lane. Never let them out from a side road. Stay bumper to bumper. Dont give an inch for fear of impeding your lane.

    Or does it only apply to others in a wrong lane?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    peteb2 wrote: »
    That's fine as per the rules of the road. But in a liability situation that doesn't apply. It doesnt give the OP carte-blanche to just plough ahead. Every one agrees it was dick-head move on behalf of the other fella. But two wrongs don't make a right...............just an insurance claim!

    Actually it does give the OP carte blance to plough ahead, as you put it. Thats what right of way means. If Im in a lane then I have right of way. If you want ot join my lane then you wait until it is clear to do so, ie until I have passed. As I said, the other car hit the side of the OPs car; it is abundently clear that the lane was not clear to merge into and they are completely at fault.

    The OP is not in the wrong here.


  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Stheno wrote: »
    Sounds like the other driver is at fault to be honest.

    Did you report it to your insurance, and did you get his details?

    I reported it to my insurance company as soon as I got home. The guards did ask me if I wanted to press charges. I said yes as he assaulted me. What if he gets away with it this time and next time he hits somebody? Nah, I rather he got a caution or some formal warning or something.

    I checked my car again and there's not even a slight bit of damage. I took photos today as the light is better. I can only see where the rubber of his wheel touched my drivers door, it's in an arch. I am starting to believe that the scratch on his car was there before the incident and he's trying to claim for it now. Only a theory though.

    I always allow drivers merge when the two lanes merge into one. I think that's common courtesy. I see it every day where the drivers in the main lane drive so close to the car in front of them just so the car in the merging lane cannot merge.
    Ardent wrote: »
    No excuse for his behaviour but you were a bit of a dick in the way you wouldn't let him in.

    I understand what you mean, I agree in a lot of cases when a driver doesn't allow another driver to merge, but in this case he bullied his way in. He wasn't patient or courteous at all, just forced his way in.

    peteb2 wrote: »
    I have to say although you were in the correct lane and all it will end up going against you. You saw him pulling in and continued to drive forward damaging his car as a result. Your description of the damage reflects that.

    His car actually went into the side of my car. It's difficult to imagine as we can think of lots of similar scenarios. The damage is on the front left of his bumper. His front left wheel brushed my drivers door.


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭peteb2


    djimi wrote: »
    Actually it does give the OP carte blance to plough ahead, as you put it. Thats what right of way means. If Im in a lane then I have right of way. If you want ot join my lane then you wait until it is clear to do so, ie until I have passed. As I said, the other car hit the side of the OPs car; it is abundently clear that the lane was not clear to merge into and they are completely at fault.

    The OP is not in the wrong here.

    Sorry but it doesnt from an insurance perspective and thats what we are talking about.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    peteb2 wrote: »
    Sorry but it doesnt from an insurance perspective and thats what we are talking about.

    So youre actually telling me that an insurance company does not respect the concept of right of way? :confused:

    Think about it. In this case, the car in the right hand lane drove into the side of the OP, who was in the correct lane. How on earth are you justifying the idea that the OP is anything other than in the right?


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  • Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    djimi wrote: »
    So youre actually telling me that an insurance company does not respect the concept of right of way? :confused:

    They do of course. But right of way does not mean a driver who has time to avoid impact, can drive into someone in front of them purely because they have right of way, Not that that applies in this case, but in general.

    In this case, the op is in the right, based on what we have been told.


  • Registered Users, Registered Users 2 Posts: 2,089 ✭✭✭paddydriver


    I have a bad scratch, self inflicted, to the left front wing of my car - the day someone tries pulling in like that on me then I ain't stopping and I might one day get that scratch fixed ;)

    All said, OP is perfectly entitled to keep his line - there are sh!theads out there every minute of the day trying this and glad OP stuck it to him. That guy was a twat in his car, and a twat outside it too and hopefully he gets done for this now.


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