Minor road accident - how to pursue

Theboinkmaster

So a 40ft truck smashed my wing mirror in slow moving traffic and drove off - cost to replace is €700.

Took name of company and reg and contacted them and notified my own insurance company. The company's insurers came back and denied my claim saying the driver said I drove into their truck etc.

My own policy excess is €250 and my insurance company said really only choice is to claim on my own policy and hope my own insurance company claims against the other, but if not claim will stay on my policy. There are no witnesses just my word against his, however they do not have my reg no or any details but I have theirs, thus adding some weight to my version of events - that he drove off after hitting my car, refusing to exchange insurance details etc. Also using commons sense how likely it would be that I would just slowly drive into a 40ft truck and smashing my wing mirror in the process....

I tried to file a small court claim online but was denied saying they don't get involved in RTAs.

Any advice on how to chase this company legally? More an issue of principle now if a truck company thinks they can just smash my wing mirror off with no follow-up action.

maximum12

did you call the guards and report the driver for failing to stop at the scene of an accident ?

Theboinkmaster

maximum12 wrote: »

did you call the guards and report the driver for failing to stop at the scene of an accident ?

No - since nobody was hurt and wasn't serious I'd have thought they had more important things to do and my insurance company told me not to, that it was a civil matter.

Should I go ahead and report it now, 3 weeks later? Not sure what good it would do if the company's insurers have already denied my claim?

Alanstrainor

Now is the time to buy a dashcam.

I don't really know what you should do. But if you are paying out of pocket for this, be sure to get quotes outside the main dealer network for your wing mirror. You might find one in a scrap yard, and even if the colour was wrong you could get it sprayed and installed. (All depends on the make/model of car of course)

Theboinkmaster

Alanstrainor wrote: »

Now is the time to buy a dashcam.

I don't really know what you should do. But if you are paying out of pocket for this, be sure to get quotes outside the main dealer network for your wing mirror. You might find one in a scrap yard, and even if the colour was wrong you could get it sprayed and in stalled. (All depends on the make/model of car of course)

Yeah agree about the dash cam - but say I did have proof and insurance company still denied by claim, how would you then pursue this?

To be honest it seems mad the small claims court wouldn't entertain this but offer no viable alternative.

Also as regards the wing mirror I don't really mind being out of pocket and fixing it at my own cost, it's really just the principle of letting the other driver/company away with it that I have a problem with so I want to pursue them.

bazz26

The small claims court deal with disputes between a customer and a business that was provided a product or service in the course of their business. A rta doesn't fall under that.

Maybe talk to your own insurance company on what is the best way forward or a solicitor who has experience in this sort of thing. Ultimately though without evidence your case would be harder and then you have the cost to you of the prospect of pursuing the matter to the end.

CJhaughey

In these cases it will invariably be a 50/50 call, my advice to you having had many such incidents is to bite the bullet and fix it at your own expense.
Saving yourself the time and trouble of trying to go legal with it.
Life is too short and the only one that will have any hassle out of it will be you.
But as stated above get a dashcam!

Vic_08

Theboinkmaster wrote: »

Yeah agree about the dash cam - but say I did have proof and insurance company still denied by claim, how would you then pursue this?

To be honest it seems mad the small claims court wouldn't entertain this but offer no viable alternative.

Also as regards the wing mirror I don't really mind being out of pocket and fixing it at my own cost, it's really just the principle of letting the other driver/company away with it that I have a problem with so I want to pursue them.

Your alternative is to hire a solicitor and file a claim with the district court.

You haven't even explained how it is the truck not you at fault here. I wouldn't be at all surprised if you were at least 50% responsible, car drivers put themselves in the path of large vehicles all the time.

GM228

bazz26 wrote: »

The small claims court deal with disputes between a customer and a business that was provided a product or service in the course of their business. A rta doesn't fall under that.

That's not their only remit, the Small Claims Procedure also deals will claims for minor damage to property.

iwillhtfu

Theboinkmaster wrote: »

So a 40ft truck smashed my wing mirror in slow moving traffic and drove off - cost to replace is €700.

What kind of wing mirror costs €700 :eek:

Theboinkmaster

iwillhtfu wrote: »

What kind of wing mirror costs €700 :eek:

bmw 5 series

Theboinkmaster

Vic_08 wrote: »

You haven't even explained how it is the truck not you at fault here. I wouldn't be at all surprised if you were at least 50% responsible, car drivers put themselves in the path of large vehicles all the time.

Oh really now - how many instances in slow moving 2 lane traffic do cars just drive into 40foot trucks :rolleyes:

It was 100% the truck driver at fault as my car was stationary during the incident and he cross into my lane, dragging the edge of my wing mirror with the back quarter of the truck.

Theboinkmaster

bazz26 wrote: »

The small claims court deal with disputes between a customer and a business that was provided a product or service in the course of their business. A rta doesn't fall under that.

Maybe talk to your own insurance company on what is the best way forward or a solicitor who has experience in this sort of thing. Ultimately though without evidence your case would be harder and then you have the cost to you of the prospect of pursuing the matter to the end.

Rang insurance company again who put me in contact with legal firm who will handle case for free, I sent them photos of vehicles after accident with all the details and they believe we have a very strong case.

Theboinkmaster

GM228 wrote: »

That's not their only remit, the Small Claims Procedure also deals will claims for minor damage to property.

Yes that's what I didn't understand and they could not explain over the phone to me as from browsing their website I didn't see any details on RTA's not qualifying so my case was about minor damage to property which I thought fell within their remit.

bazz26

iwillhtfu wrote: »

What kind of wing mirror costs €700 :eek:

Theboinkmaster wrote: »

bmw 5 series

If it's power folding and auto dipping, your looking at over 1k. :eek:

iwillhtfu

Theboinkmaster wrote: »

bmw 5 series

Ouch I've had cars that cost less

Theboinkmaster

bazz26 wrote: »

If it's power folding and auto dipping, your looking at over 1k. :eek:

Unfortunately it's not power folding the €710 was direct quote from Joe Duffy for parts & labour.

Go for gold

[quote

It was 100% the truck driver at fault as my car was stationary during the incident and he cross into my lane, dragging the edge of my wing mirror with the back quarter of the truck.[/quote]

So he cross into your lane smash you mirror and you did'nt bother to follow him. to get the driver name/insurance details. Look to me like scam

Hammer15

Your insurance company is incorrect re: it's a civil matter.

Failing to remain at the scene of a road traffic collision no matter how minor is an offence under the Road Traffic Act 2010.

Go down to your local Garda Station and make a report.

Write everything down now so it's fresh in your mind.

No wonder our insurance premiums are so high when you've people like this who think it's ok to damage other peoples properties. How did the driver no at the time that there was nobody injured? He didn't.

Theboinkmaster

Go for gold wrote: »

[quote

It was 100% the truck driver at fault as my car was stationary during the incident and he cross into my lane, dragging the edge of my wing mirror with the back quarter of the truck.

So he cross into your lane smash you mirror and you did'nt bother to follow him. to get the driver name/insurance details. Look to me like scam[/QUOTE]

The driver spoke to me, claimed I drove into him and refused to provide his details, then drove off. It wasn't a scam.

GM228

Hammer15 wrote: »

Your insurance company is incorrect re: it's a civil matter.

Failing to remain at the scene of a road traffic collision no matter how minor is an offence under the Road Traffic Act 2010.

The offence under the S12 of the 2010 act only applies if a person is injured.

Go for gold

Theboinkmaster wrote: »

So he cross into your lane smash you mirror and you did'nt bother to follow him. to get the driver name/insurance details. Look to me like scam

The driver spoke to me, claimed I drove into him and refused to provide his details, then drove off. It wasn't a scam.[/quote]
So i take it then you call the garda ? And if you did'nt it not looking good is it

Theboinkmaster

Hammer15 wrote: »

Your insurance company is incorrect re: it's a civil matter.

Failing to remain at the scene of a road traffic collision no matter how minor is an offence under the Road Traffic Act 2010.

Go down to your local Garda Station and make a report.

Write everything down now so it's fresh in your mind.

No wonder our insurance premiums are so high when you've people like this who think it's ok to damage other peoples properties. How did the driver no at the time that there was nobody injured? He didn't.

Yes agreed, after speaking to the legal firm taking the case they advised to report it to gardai which I will do in the morning (because it "looks good"). Seems like a silly waste of time over €710 worth of damage and im sure they've better things to be doing but will do it anyway.

I can easily afford to not bother anyone and repair myself however as you said above it's the principle of it for me - that the driver thinks he can just driver into my car in his company owned 40ft truck and drive off and ill just accept it with no consequences...

bazz26

If your not getting it replaced by the truck company then source a second hand one from a scrap yard or ebay.

Jodotman

There is a lot of high horses on boards which you have probably just realized.

Get onto a solicitor as soon as possible. Some Solicitors will Talk to you for free and then will take a percentage of your payout and look after the whole case for you.

I would take this option if money is tight at the moment.

Amanda.ie

Theboinkmaster wrote: »

So a 40ft truck smashed my wing mirror in slow moving traffic and drove off - cost to replace is €700.

Took name of company and reg and contacted them and notified my own insurance company. The company's insurers came back and denied my claim saying the driver said I drove into their truck etc.

My own policy excess is €250 and my insurance company said really only choice is to claim on my own policy and hope my own insurance company claims against the other, but if not claim will stay on my policy. There are no witnesses just my word against his, however they do not have my reg no or any details but I have theirs, thus adding some weight to my version of events - that he drove off after hitting my car, refusing to exchange insurance details etc. Also using commons sense how likely it would be that I would just slowly drive into a 40ft truck and smashing my wing mirror in the process....

I tried to file a small court claim online but was denied saying they don't get involved in RTAs.

Any advice on how to chase this company legally? More an issue of principle now if a truck company thinks they can just smash my wing mirror off with no follow-up action.

You should have reported it at the time, he drove of which is an offence in itself, he is obliged to give his details to you.
Report it now, there may be Cctv in the area.
The gardai can speak to his employer or who ever owns the truck.

2RockMountain

GM228 wrote: »

It is a civil matter, the offence under the S12 of the 2010 act only applies if a person is injured.

S.12 of the Act is about giving a specimen.
http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0012.html#sec12

Hammer15 wrote: »

Failing to remain at the scene of a road traffic collision no matter how minor is an offence under the Road Traffic Act 2010.

What section of the Act are you referring to?

GM228

2RockMountain wrote: »

S.12 of the Act is about giving a specimen

Sorry, wasn't clear, S12 of the Second Schedule of S65.

Steve

Jodotman wrote: »

There is a lot of high horses on boards which you have probably just realized.

Get onto a solicitor as soon as possible. Some Solicitors will Talk to you for free and then will take a percentage of your payout and look after the whole case for you.

No they don't. It's illegal for a solicitor to do that.

V Eight

Wonder what the truck driver was transporting considering the fact he needed to flee the scene!

Gumbo

Go for gold wrote: »

So i take it then you call the garda ? And if you did'nt it not looking good is it

The Garda won't come unless someone is hurt or one of the drivers is under the influence of drugs or alcohol.

You need to understand our laws before assuming scams.

Go for gold

kceire wrote: »

The Garda won't come unless someone is hurt or one of the drivers is under the influence of drugs or alcohol.

You need to understand our laws before assuming scams.

Well i am just using common sense "truck crash into your car do hundred of euro of damage and driver refused give insurance detail and you don'nt call garda .

Theboinkmaster

Go for gold wrote: »

Well i am just using common sense "truck crash into your car do hundred of euro of damage and driver refused give insurance detail and you don'nt call garda .

Commons sense would dictate that the Gardai would have more important things to be doing as well as possibly causing traffic jams and inconveniencing other motorists. Best bet is just report it after the fact IMO so that's what I did.

Go for gold

Theboinkmaster wrote: »

Best bet is just report it after the fact IMO so that's what I did.

Yes your best bet is to report it after fact like 5 or 10 minutes not 3 weeks later .if I was insurance company it be 50 /50 claim ie you fix your 700 euro mirror and the truck driver fixed he scratch .

punisher5112

All crashes I have been in Garda attended bar 1 and some understandably were not interested and one was a real good person to have as a back up to what was said and got me money owed for damage caused.

Best to always report to Garda just to have it logged.

MaceFace

Gone through something not dissimilar recently. Other car at fault, no witnesses though. They claimed I entered their lane. Called the Gardai who came out and took a report, gave us both a breathalyser test and pretty much said to not involve them going forward as they did not see the accident.

Honestly, claim through your insurance if fully comp and get them to chase the other side. If only third party, forget about it. Actually prob forget about it now and chalk it down to experience.

Best advise I got was never to move the car until the Gardai arrive. I did as I didn't want to block traffic and was pretty much told the photos of the scene were irrelevant as I moved the car before taking them.
If the traffic jam is bad, the Guards will be out in a flash. It may sound selfish but because I done the right thing, I lost my no claims and had to pay 300 excess for something I was not at fault for.

I now own a Dashcam front and back.

Jesus.

punisher5112 wrote: »

All crashes I have been in Garda attended bar 1.

How many crashes have you been in?!!!

Yesterday the traffic was tailed back a mile and I could see two fire engines, an ambulance and a squad car up ahead. I thought sh1t this must be bad. When I came upon it it was a woman who'd merely mounted the centre reservation before the roundabout. The car had a slight dinge in the front. That's a waste of resources tbh.

corglass

punisher5112 wrote: »

All crashes I have been in Garda attended bar 1 and some understandably were not interested and one was a real good person to have as a back up to what was said and got me money owed for damage caused.

Best to always report to Garda just to have it logged.

Were all the other accidents involving injuries? If not, sounds like a mighty waste of resources.

How many accidents?

daRobot

What 5 series model is it? Surely if it's an e60 or F10, you'd pick up a mirror for less than 150 euro and get it sprayed for 50 euro.

I'd do that, and then see about the legal. I wouldn't be putting something small like that on my own insurance for sure.

punisher5112

Jesus. wrote: »

How many crashes have you been in?!!!

Yesterday the traffic was tailed back a mile and I could see two fire engines, an ambulance and a squad car up ahead. I thought sh1t this must be bad. When I came upon it it was a woman who'd merely mounted the centre reservation before the roundabout. The car had a slight dinge in the front. That's a waste of resources tbh.

Over the years a lot I won't bore you with all but some big most tiny like minor damage.

Some where complete right off. Not always driving either but.

Because of the driving of large vehicles it's important for them to come out as I have had quite a few try and claim against even with them at 100% fault.

Jesus.

punisher5112 wrote: »

Over the years a lot...some were complete right off

Christ! No wonder insurance is through the roof!

punisher5112

Jesus. wrote: »

Christ! No wonder insurance is through the roof!

How? In a lot of cases people paid their own or claimed off their own. I have only got money for 2 accidents where car and a 4x4 were damaged obviously over different events. i did not claim for any extras or injury.
I wrote one car off my own fault where hit black ice no others involved took whole driver side out including roof and pillars and I got out passengers side no injury so that was extremely lucky.

I did not claim on my insurance replaced car myself.

Been in a few as passenger and never claimed.

On the job have had a nice few and again never claimed.

corglass

punisher5112 wrote: »

Jesus. wrote: »

Christ! No wonder insurance is through the roof!

How? In a lot of cases people paid their own or claimed off their own. I have only got money for 2 accidents where car and a 4x4 were damaged obviously over different events. i did not claim for any extras or injury.
I wrote one car off my own fault where hit black ice no others involved took whole driver side out including roof and pillars and I got out passengers side no injury so that was extremely lucky.

I did not claim on my insurance replaced car myself.

Been in a few as passenger and never claimed.

On the job have had a nice few and again never claimed.

Ouch, sounds like you're an elevated risk to other motorists!

punisher5112

corglass wrote: »

Ouch, sounds like you're an elevated risk to other motorists!

Not my fault someone can't see me even times where have been stopped and they still manage to crash into my vehicle.

OldmanMondeo

Seems to be the thing to do, hit someone drive off and claim you ran into them. OP I'm in the same position, car hit me, tried to leave, got gardai but he is not saying I drove into him. I handed it to a solicitor.

Theboinkmaster

Just a quick update - my broker suggested a solicitor (at no cost to me) who would claim off the opposing party's insurance so I sent them all the details, including photos etc.

They then chased the insurance company and finally got them to agree to a settlement and today I received a cheque to cover the full cost of replacement from a BMW main dealer.

Dermot Illogical

http://www.irishstatutebook.ie/eli/1961/act/24/section/106/enacted/en/html <<< This is the relevant statute, for those arguing earlier.

coolbeans

Theboinkmaster wrote: »

Just a quick update - my broker suggested a solicitor (at no cost to me) who would claim off the opposing party's insurance so I sent them all the details, including photos etc.

They then chased the insurance company and finally got them to agree to a settlement and today I received a cheque to cover the full cost of replacement from a BMW main dealer.

Good stuff. Hope the arsehole driver got a right bollocking too.