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Queries re small RTA

  • 03-10-2013 10:01am
    #1
    Registered Users, Registered Users 2 Posts: 165 ✭✭


    In 50 years of safe driving, in the UK and last 12 years in Ireland, never had to deal with this so please bear with me.

    Back road unclassified... ie single track and can be near misses so I drive very carefully...

    On the last bend before my laneway, a car at speed suddenly appears heading for me. He seems to freeze and makes no effort at what seems natural, ie swerve away .. .comes straight at me and I swerve into the verge.

    There is a small collision; avoidable had he even swerved slightly.

    He claimed he was stopped and I hit him. Seems stunned.

    This bit is embarrassing. I needed the bathroom very urgently and finally told him so and made him move; it was dangerous to leave the cars where they were and no injuries and very minor damage.. small dint in his front side, small on mine. No lights affected etc.

    So he backs up and when I turn down my lame I wave at him thinking he will follow.

    When I come out of the house ( bathroom!) he has done so; cul de sac but my gate wide open and he has driven past and parked

    NB has an L plate on his car.

    Then he just takes off without any attempt to speak etc.

    A day later the the Gardai arrive. he has gone to see them and claimed I hit him and that he was stationary.

    They are fine with me; check my car and seem to agree that had he even tried to avoid there would have been no collision at all. Say they will send his details on to me when they have them; tell me his name. when I ask.

    When my landlord calls later he is appalled as this man is well known to be a local drug dealer. I had heard there was one such but ....

    Which explains the slow reactions and glazed expression.

    Landlord also warns me that he may make a claim to my insurance that will be paid without my permission; he had it done to him.

    As I have a huge no claims bonus,,,

    Not sure what to do; the damage is minimal; had I not swerved would have been much worse.

    NB this is very a rural area... low key policing if any.


Comments

  • Closed Accounts Posts: 3,876 ✭✭✭Scortho


    I know when a van hit my mams jeep on a country road, even though she had pulled in, the garda who came (he continued driving but eventually came back) said that it was 50/50.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    Inform your insurance company, fill out an accident report form and let them deal with it.


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


    You could put in a counter claim against him and let the insurance companies sort it out. Ordinarily in situations like this I think it would end up a 50/50 unless one party can absolutely prove the fault of the other; the Gardai's statement might help your case if they are prepared to tell the insurance company what they told you, but ultimately unless they witnessed the incident then it is only an opinion on their part and might not carry much weight.


  • Registered Users, Registered Users 2 Posts: 6,440 ✭✭✭cdaly_


    Having driven off without dealing with the incident might count in your favour also.


  • Registered Users, Registered Users 2 Posts: 1 stretchmurph


    generally on small country roads they are 50/50. but can still affect your "no claims bonus" as you have been in an accident.
    Insurance companies are bigger scum bags that the druggie that hit your car.


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


    generally on small country roads they are 50/50. but can still affect your "no claims bonus" as you have been in an accident.
    Insurance companies are bigger scum bags that the druggie that hit your car.

    Given that the insurance company wasnt there to witness the incident, and in the absence of any third party witnesses/technology that could be used as proof, its very hard for them to make a judgement in a case like this. They are going to hear a different story from each party, and its very difficult to determine which is the correct one. Im no fan of insurance companies, but I can understand the difficulty in cases like this.


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