Is it possible to claim from someone's policy if there was no contact?

CiniO

Let's imagine two slightly different hypothetical situations.

1. You drive on the road, and after going through blind bend, you see a car oncoming on the wrong side of the road right towards you at high speed. There's no time to stop or do anything else, you just swerve to the left and end up in the ditch wrecking your car. Otherwise it would be a high speed head on collision.

2. You drive on straight good road (f.e. N road) at speed limit (100km/h). Suddenly someone pulls out from the small side road right in front of you. You slam on the brakes and stop just in time avoiding collision by few meters. However as you had no ABS your wheels were locked, and due to that your tyres are wrecked.

Now - lets assume those situations are really clear. There's no doubt about fault. You have dashcam recordings + independent witnesses what happened. 100% other party fault.

Can you claim from other party insurance for your loss (in first case for wrecked car, in second case for wrecked tyres)?

colm_mcm

Can't see why not.

Supergurrier

Yea i'd totally try anyway

punisher5112

I would just hit the other car so much easier trying to explain what happened.

CiniO

punisher5112 wrote: »

I would just hit the other car so much easier trying to explain what happened.

Heh in case 2, a small tip might possibly help.
But in case one, while it could as well help to get claim paid out, it would be your family (not you) receiving it.

punisher5112

CiniO wrote: »

Heh in case 2, a small tip might possibly help.
But in case one, while it could as well help to get claim paid out, it would be your family (not you) receiving it.

I have been in a few tips in me time and one thing I would never do is swerve because if you have to you have lost control of the vehicle and always a possibility of taking someone else yourself.

CiniO

punisher5112 wrote: »

I have been in a few tips in me time and one thing I would never do is swerve because if you have to you have lost control of the vehicle

1. Swerving doesn't necessarily mean skid.
2. Skid doesn't necessarily mean lost control of vehicle.

and always a possibility of taking someone else yourself.

I was referring to just swerving off the road to avoid head on collision at high speed. I'd do it anytime pretty much to save my (and my passengers) life.

punisher5112

CiniO wrote: »

1. Swerving doesn't necessarily mean skid.
2. Skid doesn't necessarily mean lost control of vehicle.


I was referring to just swerving off the road to avoid head on collision at high speed. I'd do it anytime pretty much to save my (and my passengers) life.

Well you would want to be damn sure what you are swerving off the road into.

Big tree, hole, ditch, ditch full of water, river, lake, fence/fence post, wall, esb pole, etc etc.

Mycroft H

punisher5112 wrote: »

Well you would want to be damn sure what you are swerving off the road into.

Big tree, hole, ditch, ditch full of water, river, lake, fence/fence post, wall, esb pole, etc etc.

Vs a head on collision with a car, I'd take my chances with whatever is the other side of the hedge.

punisher5112

Mycroft H wrote: »

Vs a head on collision with a car, I'd take my chances with whatever is the other side of the hedge.

I have been in a head on as a passenger and another as driver.

2nd crash was black ice and went off road landing in tree beside a swollen river.
Luck has a lot to do with it.

every situation is different and you do not know what way you would react.

Vic_08

Mycroft H wrote: »

Vs a head on collision with a car, I'd take my chances with whatever is the other side of the hedge.

A head on with a car will let the crumple zones absorb most of the impact. A large tree or pole has no give and sliding sideways into one you have a few mm of car door and glass to protect you.

CiniO

punisher5112 wrote: »

Well you would want to be damn sure what you are swerving off the road into.

Big tree, hole, ditch, ditch full of water, river, lake, fence/fence post, wall, esb pole, etc etc.

That's true.
Tree, pole - definitely not - 100% prefer head on collision.

Ditch - why not... river, lake - why not.

Mycroft H

Vic_08 wrote: »

A head on with a car will let the crumple zones absorb most of the impact. A large tree or pole has no give and sliding sideways into one you have a few mm of car door and glass to protect you.

We could go on and on with this one. I could go through a hedge and crash into a trailer full of pillows if we're playing hypotheticals

Too many vairables. Plus you've the force of another car coming at speed etc.

cml387

CiniO wrote: »

Let's imagine two slightly different hypothetical situations.

1. You drive on the road, and after going through blind bend, you see a car oncoming on the wrong side of the road right towards you at high speed. There's no time to stop or do anything else, you just swerve to the left and end up in the ditch wrecking your car. Otherwise it would be a high speed head on collision.

2. You drive on straight good road (f.e. N road) at speed limit (100km/h). Suddenly someone pulls out from the small side road right in front of you. You slam on the brakes and stop just in time avoiding collision by few meters. However as you had no ABS your wheels were locked, and due to that your tyres are wrecked.

Now - lets assume those situations are really clear. There's no doubt about fault. You have dashcam recordings + independent witnesses what happened. 100% other party fault.

Can you claim from other party insurance for your loss (in first case for wrecked car, in second case for wrecked tyres)?

You could of course. Engage a solicitor, take civil case for damages against the driver.

As the solicitors drag the case out and you are faced with thousands of euros worth of charges, you might win your case. Damages and costs would be awarded to you. You might then wait another long time while you attempt to get the guy to pay out.

Harcrid

I had this happen to me a few years ago. I was driving on a narrow regional road and a car was pulling out of a laneway from the right just as I was coming to it and the nose of his car crossed the centre white line. I swerved to the left to avoid and caught some rocks on the left causing suspension damage to my car.

The other driver failed to stop but I managed to get his details eventually and his insurance paid out fully to me. It helped in my case that a car following me witnessed the incident and without that it would have been impossible to prove.