Road traffic accident

Just a Plinker

Hi all I will try and keep this as short as possible, Basically I had a fender bender Tuesday morning And I need to know the best way to insure I am not screwed over, And to find out am I in the right, so opinions wellcome please.

I came down a very straight road in Clonmel , The house I was working in was on the left hand side. I pulled in outside the house and waited for all traffic coming up and down the road to clear. When clear I indicated right pulled out to go vertically accross the road and then hit my hazzard lights at this point, I was accross the two lanes of the road almost at 90 degrees to the driveway I was going to reverse into which is very narrow, I checked my mirrors to insure there were no pedestrians or people on bikes on the footpath behind me and all of a sudden a blue Astra came from my right on the right hand side of the road and hit the front of my van on the front of the bumper . I don't have to say I got a real bad fright. The car pulled in about 40 yards down the road and I reversed back to were I had started from. A very pleasant girl came up the road screaming am I FU*ing blind have I no mirrors and other nice things at me I appologised as I assumed I had just not seen her coming down the road and offered to call the Gardai, I told her I am insured and that's what insurance is for but the abuse kept coming. I never even thought of getting her name or any details or anything as I was in complete shock so I gave her all my details As it turned out she had come out of a side road opposite the house I was trying to back into basically the Right hand corner of this road would be almost opposite the left hand edge of the driveway I was going into from her veiw. The assessor met with me today and I gave him all the details and pictures I took of the road and junction in question, I also rang my broker to inform them I think I was in the right as a retired Garda lives the house I was
working in and alltough he did not witness the accident says in his opinnion she was wrong as she pulled onto a main road when I was attempting a reversing manovuere and went around the front of my van on the wrong side of the road, I would hate to losse my no claims on this as I honestly think in hindsight I was in the right, They are other things that were said by the third party as to were she came from but I want to keep this to the point

goz83

As I read it, sounds like you were in the right, but maybe not in the right forum. Motors might be best.

She hit the front of your van as you were either stopped, or reversing. Her fault completely. Nothing complicated about that. Had the rear of your van been hit, that would be different.

I assume you got her details too? At the very least, her name and registration number? I would then put in a claim to her insurer once you get the details.

Bepolite

+1 on the above, legal advice can't be given here and a discussion on the rules of the road is better placed in the motors forum. All you need to do is report your own post and a Mod will likely oblige and move it for you.

If you were stationary, or near to it and she hit you my lay opinion is she's in the wrong. This is sourced from my extensive studying of the cases of Judge Judy. :pac:

hullaballoo

This is a problem for me.

Whilst the other posters are correct, legal advice cannot be given here, neither can it be given on the Motors forum. The fact that it constantly is given on the Motors forum is one thing but I'm not going to move a thread over there so that the OP can get unqualified advice from another crowd of internet bandits.

Liability in this case will either be sorted as between the insurance companies or by a judge.

I also don't see how discussion of the ROTR is best done in the Motors forum when it's a legal matter.

Bepolite

hullaballoo wrote: »

I also don't see how discussion of the ROTR is best done in the Motors forum when it's a legal matter.

I'm not sure discussing the ROTR is necisarily a legal matter, although of course it is. Much like a motoring conviction is a criminal conviction but it isn't.

I'm not trying to argue your point, of course what the mods say go, I'm simply trying to explain my logic. That said I'm not sure how we can have a rule on legal advice and then not follow it in either forum, which just kind of leads me back to the thinking that a discussion on the ROTR isn;t strictly a legal discussion.

Just a Plinker

Thank you for the replies lads . It has put my mind at ease with my own view on the matter, So if a Mod would like to delete this tread to avoid any hassle please do so , Again my thanks

David