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Windscreen accident

  • 16-08-2013 11:09pm
    #1
    Banned (with Prison Access) Posts: 1,066 ✭✭✭


    I was driving along a road that was been resurfaced. A lose stone flew up from my back wheel and hit the windscreen of the car coming behind me. It left a 2 - 3 inch crack in the other guys windscreen.

    Who is liable for replacing the windscreen?


Comments

  • Registered Users, Registered Users 2 Posts: 505 ✭✭✭Mikros


    My guess is the person whose windscreen was cracked will have to suck it up and pay themselves. Unless they could argue a case that the person in front was speeding or otherwise negligent then it sounds like tough luck. Should have kept more distance perhaps?


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    restive wrote: »
    I was driving along a road that was been resurfaced. A lose stone flew up from my back wheel and hit the windscreen of the car coming behind me. It left a 2 - 3 inch crack in the other guys windscreen.

    Who is liable for replacing the windscreen?

    The guy not holding his finger on the windscreen while driving on newly chipped road


  • Registered Users, Registered Users 2 Posts: 1,906 ✭✭✭jayok


    restive wrote: »
    I was driving along a road that was been resurfaced. A lose stone flew up from my back wheel and hit the windscreen of the car coming behind me. It left a 2 - 3 inch crack in the other guys windscreen.

    Who is liable for replacing the windscreen?

    He would have to prove it was you that actually cracked his windscreen? How do you know it wasn't some other object? May be it was done before the road was chipped? Anyway, as suggested, he'll probably have to suck it up. Your insurance won't pay as the cost would be probably be less that your excess.

    I'd be telling him hard luck.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Mikros wrote: »
    My guess is the person whose windscreen was cracked will have to suck it up and pay themselves. Unless they could argue a case that the person in front was speeding or otherwise negligent then it sounds like tough luck. Should have kept more distance perhaps?

    Does it change anything if person in front was speeding or neglect?
    I assume changes are the same for loose chip to hit the windscreen of the car in the back, no matter what the speed is...

    It looks like standard of road surfacing is appealing, as on most country roads what they literally do is drop the loose chippings on the top, and leave them to settle during next few weeks. I can't even think of how many windscreens go because of that.

    I had 3 windscreens gone in the 3 years time.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    jayok wrote: »
    . Your insurance won't pay as the cost would be probably be less that your excess.


    That's not true.
    Third party clams must be paid, no matter how small they are.
    Even if someone has 20 euros damage, it must be sorted by insurance company if claimed.


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  • Registered Users, Registered Users 2 Posts: 1,906 ✭✭✭jayok


    CiniO wrote: »
    That's not true.
    Third party clams must be paid, no matter how small they are.
    Even if someone has 20 euros damage, it must be sorted by insurance company if claimed.

    My brain is not functioning properly, I meant the cost of the repair would probably be less than what your No Claims Discount is worth. :)


  • Banned (with Prison Access) Posts: 1,066 ✭✭✭restive


    Mikros wrote: »
    My guess is the person whose windscreen was cracked will have to suck it up and pay themselves. Unless they could argue a case that the person in front was speeding or otherwise negligent then it sounds like tough luck. Should have kept more distance perhaps?

    But even if I was speeding he would have to be doing the same speed as me for the accident to have happened.


  • Closed Accounts Posts: 5,377 ✭✭✭zenno


    That other drivers windscreen problem was a so-called act of god scenario so the other driver has to sort his problem out himself, it has absolutely nothing to do with you OP.

    He could try and get an insurance claim from the stone that hit his window but we all know you can't get blood from a stone.


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    Who doesn't have windscreen cover as standard?!?

    If I'd been behind you OP, I'd be thinking:

    "Damn. Windscreen's cracked. Better get on to my insurance company and let them sort it out at my convenience and at no cost to me or the driver in front. These things happen. That's why I have windscreen cover. Ah well. Shiny new windscreen for me!"


  • Registered Users, Registered Users 2 Posts: 51,364 ✭✭✭✭bazz26


    You would be surprised the amount of people who don't have windscreen cover on their policy. Some people only see the short term savings on not selecting it on their policy to reduce their premium.


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  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    endacl wrote: »
    Who doesn't have windscreen cover as standard?!?

    If I'd been behind you OP, I'd be thinking:

    "Damn. Windscreen's cracked. Better get on to my insurance company and let them sort it out at my convenience and at no cost to me or the driver in front. These things happen. That's why I have windscreen cover. Ah well. Shiny new windscreen for me!"

    Windscreen cover doesn't even always come as standard with comprehensive policy, not even mentioning third party only, or third party, fire and theft.

    So I suppose there's lots of people out there without windscreen cover.


  • Registered Users, Registered Users 2 Posts: 2,846 ✭✭✭discombobulate


    How did you end up in a discussion with the person behind you? I'd have thought its something you wouldn't notice? Did they follow you until you pulled in or something?


  • Registered Users, Registered Users 2 Posts: 1,132 ✭✭✭bazzachazza


    It doesn't work that way OP, to many variables for an insurance company. It's the other drivers problem not yours. He/she would have to prove it came from your tyre not another's car passing the other way or one in front of you. Or some child threw it at their car. Unless they saw the stone come from you(impossible) then yours and their insurance company will just laugh. I have had 4 windscreens changed over the years by my windscreen cover that's why I have it. It's just part and parcel of driving.

    You can't avoid every bit of debris on the road so it's unreasonable to say its your fault.

    My last two windscreens cost €850 each. That's why you pay the extra few quid for the cover.

    Just walk away from this OP, tell us how you found out. If you have their number call them back and say you are not responsible and can't be. How do you know it came from your car? Call your insurance company they will tell you the exact same thing.


  • Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭dmc17


    If he was driving that close to you then you probably threw some dust up on his car also and you may be liable to wash his car for him too. I hope there aren't any stone chips on his bumper or bonnet either or you'll end up respraying his car too. :rolleyes:
    This is why people pay extra to cover their own windscreens. If you don't have it then there's no point crying to someone else when your windscreen gets cracked. I hope you tell him where to go :)


  • Banned (with Prison Access) Posts: 1,066 ✭✭✭restive


    How did you end up in a discussion with the person behind you? I'd have thought its something you wouldn't notice? Did they follow you until you pulled in or something?

    Yes he followed me and I pulled in.


  • Registered Users, Registered Users 2 Posts: 505 ✭✭✭Mikros


    CiniO wrote: »
    Does it change anything if person in front was speeding or neglect?
    I assume changes are the same for loose chip to hit the windscreen of the car in the back, no matter what the speed is...

    It doesn't really change much... I was trying to think of how the driver behind could even start to make a case. In reality I'd say it's just tough luck.


  • Registered Users, Registered Users 2 Posts: 23,903 ✭✭✭✭ted1


    It doesn't work that way OP, to many variables for an insurance company. It's the other drivers problem not yours. He/she would have to prove it came from your tyre not another's car passing the other way or one in front of you. Or some child threw it at their car. Unless they saw the stone come from you(impossible) then yours and their insurance company will just laugh. I have had 4 windscreens changed over the years by my windscreen cover that's why I have it. It's just part and parcel of driving.

    You can't avoid every bit of debris on the road so it's unreasonable to say its your fault.

    My last two windscreens cost €850 each. That's why you pay the extra few quid for the cover.

    Just walk away from this OP, tell us how you found out. If you have their number call them back and say you are not responsible and can't be. How do you know it came from your car? Call your insurance company they will tell you the exact same thing.
    850 gor a windscreen? Sounds very very high. They must have big windows in the shop to see you coming


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    bazz26 wrote: »
    You would be surprised the amount of people who don't have windscreen cover on their policy. Some people only see the short term savings on not selecting it on their policy to reduce their premium.
    I know. I've had two windscreens replaced in my time. Both after incidents like the one described in the OP. You really have to consider a windscreen to be a consumable in the long run. At some point, its gonna crack.

    I really think it should be an 'opt out' on a policy, not an optional extra. For the sake of 20 quid a year. Considering a windscreen could cost up to a grand...

    :rolleyes:


  • Closed Accounts Posts: 1,525 ✭✭✭miller50841


    The car behind was not driving at a safe distance and signage I would guess was up showing slow and loose chippings and such. You can't be responsible for loose stones on a road. How did the other driver get you to tell you all this ?


  • Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    Hope you didn't accept liability.

    How did he get you to pull in? Flash his lights?


    You cannot even know it was your fault. Plus I thought broken windscreens came from stones thrown up from on coming cars.


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  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    smcgiff wrote: »
    Hope you didn't accept liability.

    How did he get you to pull in? Flash his lights?


    You cannot even know it was your fault. Plus I thought broken windscreens came from stones thrown up from on coming cars.
    Honestly, it doesn't matter where they come from. The odd chip in a windscreen falls under the category of 'sh1t happens'...

    But yeah, OP. You're not liable. Don't accept. If you have accepted, change your mind. You don't have to give a reason to a chancer without a leg to stand on. If you agree to pay anything, give him the price of a roll of cling film. To keep the wind of him while he saves up for a new screen.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    Act of God IMO and something for the other driver to sort out himself or through his insurance cover.

    I've had my car sprayed with chippings from passing cars. While I might in theory have a case against the Council (emphasis on "in theory"), reality is that such is life and you just have to live with it.


  • Banned (with Prison Access) Posts: 1,066 ✭✭✭restive


    He was tailgating me very close, but was not taking the opportunity to overtake me. I had no idea what he wanted so i turned down a lane to see if he would follow me. He did so i stopped first chance i got outside a house and rolled down a window. When he rolled down his window i asked him if he was following me. I was half inclined to tell him where to go but i bit my tongue and i was polite. He said he flashed his lights at me but even though i was checking the rear-view mirror i did not see his lights flashing, but it was very bright so i might not have noticed. He told me he was doing the NCT the following day and would now definitely fail it(i nearly burst out laughing when he said this to me) but i kept a poker face. I did not admit liability. But we parted on amicable terms.


  • Closed Accounts Posts: 1,525 ✭✭✭miller50841


    restive wrote: »
    He was tailgating me very close, but was not taking the opportunity to overtake me. I had no idea what he wanted so i turned down a lane to see if he would follow me. He did so i stopped first chance i got outside a house and rolled down a window. When he rolled down his window i asked him if he was following me. I was half inclined to tell him where to go but i bit my tongue and i was polite. He said he flashed his lights at me but even though i was checking the rear-view mirror i did not see his lights flashing, but it was very bright so i might not have noticed. He told me he was doing the NCT the following day and would now definitely fail it(i nearly burst out laughing when he said this to me) but i kept a poker face. I did not admit liability. But we parted on amicable terms.


    Sounds like a possible scam. Do not pull in if someone is following you unless you hit them or caused an accident lets say.

    If you feel intimidated drive to closest Garda station and if you feel you have to call them as it is an emergency you wouldn't be done for using your phone.


  • Registered Users, Registered Users 2 Posts: 26 sofitalliah


    Sounds like a possible scam. Do not pull in if someone is following you unless you hit them or caused an accident lets say.

    If you feel intimidated drive to closest Garda station and if you feel you have to call them as it is an emergency you wouldn't be done for using your phone.


    Indeed what a ****@r!!!!!


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