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Near miss today, just wondering who would have been at fault?

  • 31-08-2014 3:26pm
    #1
    fineso.mom
    Registered Users, Registered Users 2 Posts: 1,093 ✭✭✭


    Had a near miss on the way home just now and was just wondering who would be paying if it had gone differently.
    I was driving on a straight stretch of country road and a car was coming toward me. Just as we approached each other a jeep came out of a gateway at my side ,nose out on the road. At the same time the on-coming car pulled toward the centre to avoid a pot hole or something.
    I squeezed through with very little on either side. No harm done,a quick intake of breath and a bit of a fright but there was no huge speed so even if both or one of them had hit me it would have been minor.
    My question is, if both cars had hit me,would it be two different insurance claims ,one for each side of the car.
    Bearing in mind I was on my side the whole time , the jeep came out just as I got to the entrance and I hadn't seen it before I got there as there is a wall.

    Long question short, if driver A is not to blame and is hit by drivers B and C separately at the same time , is it two separate claims?


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    The car pulling out would have an issue but there might be some fault on your side also as you need to be aware of consealed entrances. I suspect the insurance companies would have got togeather and hammered it out amongst themselves.

    Thankfully no harm done.


  • #3
    fineso.mom
    Registered Users, Registered Users 2 Posts: 1,093 ✭✭✭fineso.mom


    Yeah I was aware of the entrance,so I was taking it handy anyway. It's impossible to see anything coming out of it,,which also means that anyone exiting it has to come out a bit on the road. It's normally not a problem ,just a coincidence today that another car was passing at the same time.
    Like you said,no one hurt,that's the main thing.


  • #4
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    fineso.mom wrote: »
    Yeah I was aware of the entrance,so I was taking it handy anyway. It's impossible to see anything coming out of it,,which also means that anyone exiting it has to come out a bit on the road. It's normally not a problem ,just a coincidence today that another car was passing at the same time.
    Like you said,no one hurt,that's the main thing.

    Don't get me wrong; I wasn't admonishing you - Mr. Jeep driver needs to creep out and not stick 3ft of car in the road but familiarity breeds contempt and all that.


  • #5
    Last_Minute
    Closed Accounts Posts: 177 ✭✭Last_Minute


    You I'd say


  • #6
    fineso.mom
    Registered Users, Registered Users 2 Posts: 1,093 ✭✭✭fineso.mom


    Bepolite wrote: »
    Don't get me wrong; I wasn't admonishing you - Mr. Jeep driver needs to creep out and not stick 3ft of car in the road but familiarity breeds contempt and all that.

    You really do live up to your username don't you:)
    I know you weren't. And you are right about creeping out. Why the owner doesn't just lower the wall a bit I don't know.
    Anyway thanks for reply.


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  • #7
    fineso.mom
    Registered Users, Registered Users 2 Posts: 1,093 ✭✭✭fineso.mom


    Bepolite wrote: »
    Don't get me wrong; I wasn't admonishing you - Mr. Jeep driver needs to creep out and not stick 3ft of car in the road but familiarity breeds contempt and all that.

    You really do live up to your username don't you:)
    I know you weren't. And you are right about creeping out. Why the owner doesn't just lower the wall a bit I don't know.
    Anyway thanks for reply.


  • #8
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    fineso.mom wrote: »
    You really do live up to your username don't you:)
    I know you weren't. And you are right about creeping out. Why the owner doesn't just lower the wall a bit I don't know.
    Anyway thanks for reply.

    Some of the time :D

    Or stick a mirror up. Cheap, cheerful and might save them in more ways than one.


  • #9
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Bepolite wrote: »
    there might be some fault on your side also as you need to be aware of consealed entrances.

    Not a chance. Its a country road, if you slowed or near stopped for every concealed entrace you would never get anywhere. Car pulls out of said entrace, hits car on main road, they are 100% at fault every time.

    Its a bit trickier with the oncoming car; where cars come together on narrow country roads it is often seen as a 50/50 unless there is overwhelming evidence that one car is at fault.

    Had both cars hit you at the same time then it would be up to the insurance companies to determine blame (and good luck to them). It might be argued that the car pulling out of the entrance forced you into the path of the oncoming car; I just dont know. Would depend on the situation really and what the assessors were able to gather about the collision.


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