Car wrecked in crash

jcd5971

Hi not sure if this is the right place to post. Mods please move if it is.

Was coming home today from work, overtook a slow car, as I was almost past he swerved and slammed into my passenger side and forced me off road, car was wrecked I'm okay thank God, my shoulder is hurt bad enough but otherwise just cuts and bruises.

Anyway my question my car has been towed away by a local garage crash repair/salvage fellow who knows my father, and my brother got the guys details but.. I don't think he confirmed he is at fault and the guards were not called.
What do I say to insurance? Or prove he is in the wrong, would the damge to the car prove it?

Henry Ford III

Why did you not call the Gardai?

bmwguy

Henry Ford III wrote: »

Why did you not call the Gardai?

Yes it's going to be a mess now.

punisher5112

Go report to cops now. Call insurance tell them what happened.

Is there anyone that seen or stopped?

If you overtook it may well fall on you unless can be proven they acted carelessly.

jcd5971

Henry Ford III wrote:

Why did you not call the Gardai?

I was fairly rattled to be honest my shoulder was hurt alot and I was very shaken, brother drove me to Doctor who sent me to hospital, reckoned something torn in right shoulder.

I kind of assumed my brother/dad/other driver who caused it might of done it.

In my defense though you try thinking 100% rational after a serious accident.

Looking back it's obvious I should have done that first.

antodeco

Where did it happen?
Broken white line when you overtook?
What speed were you young when you overtook?

jcd5971

antodeco wrote:

Where did it happen? Broken white line when you overtook? What speed were you young when you overtook?

Main road, yeah a broken white lines. Speed was well within limit about 50 maybe slightly below in a 60 zone.

OldMrBrennan83

This post has been deleted.

Kenny Logins

Other driver will probably say they were indicating to turn right. Did you have any witnesses?

kona

Sounds like you had a encounter with one of the hoards of self appointed traffic enforcers in the country.
Hopefully it works out for you.

Cee-Jay-Cee

Unless there is an independent witness who can say the other driver was not indicating to turn right or you have a dash cam then it'll most likely be a 50/50 outcome with the insurance companies and your NCB will be effected.

You need to report it to Gardai however doing so will not help your case. You need independent witnesses that seen what happened.

bear1

1) was this on a road with a 100 limit? You mention 50/60 so was that your speed or the other driver?
2) go to the police and inform your insurance company asap.
3) can you post a link from Google maps showing where it happened? When the driver swerved was there a road on their right that they possibly were turning into?

It does sound like they were going slow cause they were searching for something rather than it being sinister and without thinking or looking simply swung right as you were passing.
If you can prove there was no road where they swerved then you could be in with a chance.

Lemlin

Go to your insurance company and report the incident. Then leave it to the professionals to investigate the accident.

Some of the statements being given here are ridiculous.

I would not overly worry about not calling the Gardaí. They will leave any case, unless there is serious injury, to civil remedy, and rarely bother completing a report.

I work in insurance and I've seen cases where someone will admit liability to a Garda at the scene but later fob it of as shock.

Kenny Logins

Lemlin wrote: »

Some of the statements being given here are ridiculous.

Which ones?

jcd5971

It's a straight road so definitely no turn to make not even a gap or house etc.

Limit is 60mph I was traveling at 50mph or there about.
Second car was traveling at 35-40mph.

I don't know wether it was malicious I doubt it, most likely he just lost control or attention for a moment.

colm_mcm

Curious to know how old the car that hit you was

jcd5971

colm_mcm wrote:

Curious to know how old the car that hit you was

Both 13 reg cars

jcd5971

Gardai rang this morning, helpful I would describe them as not.

Was car blocking traffic
No

Was road or ditch damaged, or needing cleanup
No

Any serious injuries
Well not super serious just my shoulder.

Right we will have a look at area to ensure it's safe thanks for letting us know.

What about fault and damages
It's a civil matter really.

Great help.

Onto insurances company there as well didn't seem too concerned about gardai, more worried about liability issue.

Trying to contact the other guy later this morning so fingers crossed

Kimbot

jcd5971 wrote: »

Gardai rang this morning, helpful I would describe them as not.

Was car blocking traffic
No

Was road or ditch damaged, or needing cleanup
No

Any serious injuries
Well not super serious just my shoulder.

Right we will have a look at area to ensure it's safe thanks for letting us know.

What about fault and damages
It's a civil matter really.

Great help.

Onto insurances company there as well didn't seem too concerned about gardai, more worried about liability issue.

Trying to contact the other guy later this morning so fingers crossed

Jesus man you've no luck.

Number 1: Contact guards - Which you have now done.
Number 2: Contact your own insurnace company and fill them in
Number 3: Contact guy that hit you to make sure you have all the correct details (Bonus points for calling him silly names during call)
Number 4: Go to the Dr. Even though you are saying its not that bad you could have damage that you dont know about so get it all checked and keep receipts etc for his insurance.

jcd5971

jcd5971 wrote: »

Gardai rang this morning, helpful I would describe them as not.

Was car blocking traffic
No

Was road or ditch damaged, or needing cleanup
No

Any serious injuries
Well not super serious just my shoulder.

Right we will have a look at area to ensure it's safe thanks for letting us know.

What about fault and damages
It's a civil matter really.

Great help.

Onto insurances company there as well didn't seem too concerned about gardai, more worried about liability issue.

Trying to contact the other guy later this morning so fingers crossed

What do you want Gardai to do? Unless there is serious injury, then it is a civil matter.
Unless you are claiming the other guy was dangerous driving, in which case you will have to make a written statement & go to court to give evidence against him.
Insurance companies will work it out themselves, whatever costs less money.

Colser

What did the other driver say at the scene?

HurlingRanker

I highly doubt you'll get any joy ringing the other guy. Almost certainly won't admit liability, there's a potential dangerous driving charge and a major insurance premium increase at stake, unless there are witnesses it's your word against his. Expect his interpretation to be you were driving too fast, performed a dangerous overtake and moved back over too soon. I ain't saying that's what happened, but unfortunately it's what I'd expect he'll say.

Best of luck, and get yourself to the doctor to check on that shoulder!

pm1977x

There should be mandatory drink and drug testing of both drivers at any accident scene, yer man could of been off his head or had a liquid lunch and now you're the one who will pay through a crap valuation of your written off car, increased insurance premiums for years to come and who knows what medical bills. Or he was fully sober, but you'll never know.

bear1

pm1977x wrote: »

There should be mandatory drink and drug testing of both drivers at any accident scene, yer man could of been off his head or had a liquid lunch and now you're the one who will pay through a crap valuation of your written off car, increased insurance premiums for years to come and who knows what medical bills. Or he was fully sober, but you'll never know.

I heard stories of people who called the police and said they believe the driver may have been drinking just to get the police to come out.
Whether it's a good approach is hard to say but usually you'd know if the other driver has been drinking. Apart from that if no injuries or damage to public property then they won't come out.
Last time I had an accident in Waterford near the bridge they came as I said the driver was a learner with no tax and no accompanying full licence holder.

mloc123

Kenny Logins wrote: »

Other driver will probably say they were indicating to turn right. Did you have any witnesses?

Indicating alone doe not give you right of way.. although some people who are swapping lane on motorways seem to think it is.

bear1

The OP confirmed there was no road for the other driver to turn into so why they turned right is an odd one.

boardsuser1

bear1 wrote: »

The OP confirmed there was no road for the other driver to turn into so why they turned right is an odd one.

Would the OP naming the road prejudge anything?

At least if it was named some users might know it/understand better.

bear1

Cork Truck Driver wrote: »

Would the OP naming the road prejudge anything?

At least if it was named some users might know it/understand better.

I asked if the op could post a link to street view to see exactly where this happened but nothing posted.

CeilingFly

Firstly, speed when overtaking is not an issue unless it was escessive for the manoeuvre.

Secondly, gardai can;t really do anythign after the event as both cars have been moved away, so any accusation of dangerous driving is one person's word against another's and would be nigh on impossible to stand up in court, so no use berating gardai as there is nothing they can do.

Get insurance co to send an assessor to look at the damage - tell garage not to do any repair work until then.

Go back to scene and take copious number of photos.

Write an account of what happened doan now and include all details possible - you'd be surprised how some details are fogotten after a few days.

Dial Hard

pm1977x wrote: »

There should be mandatory drink and drug testing of both drivers at any accident scene

There is, the Road Traffic Act was amended in 2010 to put this in place. I rear-ended a guy who stopped dead in front of me on my way to work in 2014 and both of us were breathalysed. AFAIK mandatory drug testing is in the process of being added to the legislation.

Of course, the Gardai have to actually attend the scene for this to happen, which, unfortunately wasn't the case here.

cruizer101

Can you go back to the road and see are there any skid marks or that left which might better indicate he drove into you as opposed to you came back in too soon.

Also while it is still fresh in your mind draw pictures and write down in detail what happened, maybe get google earth screen shots to draw on.

Henry Ford III

HurlingRanker wrote: »

I highly doubt you'll get any joy ringing the other guy. Almost certainly won't admit liability, there's a potential dangerous driving charge and a major insurance premium increase at stake, unless there are witnesses it's your word against his. Expect his interpretation to be you were driving too fast, performed a dangerous overtake and moved back over too soon. I ain't saying that's what happened, but unfortunately it's what I'd expect he'll say.

Best of luck, and get yourself to the doctor to check on that shoulder!

That's the issue in a nutshell.

If the 3rd party denies liability it'll be tricky to prove they were responsible.

Effects

jcd5971 wrote: »

Limit is 60mph I was traveling at 50mph or there about.
Second car was traveling at 35-40mph.

What country did this happen in?

bear1

Effects wrote: »

What country did this happen in?

He called the Guards..

Effects

bear1 wrote: »

He called the Guards..

The speed limit was in mph though.

Isambard

us oldies still say mph sometimes out of habit. I don't think it's relevant that the OP has converted everything to Imperial

OP I think you're screwed unless the other guy will admit liability. Best you could hope for would be 50/50 but as you were overtaking, I think you're going to get the blame.

WildWater

Dial Hard wrote: »

There is, the Road Traffic Act was amended in 2010 to put this in place. I rear-ended a guy who stopped dead in front of me on my way to work in 2014 and both of us were breathalysed. AFAIK mandatory drug testing is in the process of being added to the legislation.

Of course, the Gardai have to actually attend the scene for this to happen, which, unfortunately wasn't the case here.

I was involved in an accident a few months back. Two cars collided then one left the road onto a side road and hit me. Guards arrived but they certainly didn't breathalyse me and I didn't see them breathalyse either of the others.

Lemlin

jcd5971 wrote: »

Gardai rang this morning, helpful I would describe them as not.

Was car blocking traffic
No

Was road or ditch damaged, or needing cleanup
No

Any serious injuries
Well not super serious just my shoulder.

Right we will have a look at area to ensure it's safe thanks for letting us know.

What about fault and damages
It's a civil matter really.

Great help.

Onto insurances company there as well didn't seem too concerned about gardai, more worried about liability issue.

Trying to contact the other guy later this morning so fingers crossed

I did say that above to you. Unless someone is seriously injured, the Gardao not want to get involved.

Kenny Logins wrote: »

Which ones?

Well you'd one user stating the OP was screwed because he didn't call the Garda. As shown above that has no effect tbh.

Best thing to do is let insurance complete investigation.

evolving_doors

Don't post details of exact location on a public forum I'd recommend.

bear1

Why?

kala85

Try and check where the impact was on your car and how far you were past or level with his car.

If he was turning right he should have checked the way was clear by looking into his wing mirror and if he had checked his mirror properly then this would not have happened.

Have you any cctv footage.

theoneeyedman

WildWater wrote: »

I was involved in an accident a few months back. Two cars collided then one left the road onto a side road and hit me. Guards arrived but they certainly didn't breathalyse me and I didn't see them breathalyse either of the others.

Same here. Involved in an accident 12 months ago, guards etc on scene, both drivers removed by ambulance. I wasn't breathalysed, and Afaik neither was other driver.
OP, get your shoulder looked after, mine is still in bother a year on, physio and doc bills adding up. Don't take it for granted it will heal up quickly.

Get insurance company onto it, that's what you are paying it for.

jcd5971

Effects wrote:

The speed limit was in mph though.

Speed limit was in kph I just gave the figures in mph out of habit it was in ireland.

jcd5971

Thanks for the posts lads alot of common sense.

Wish I had contact gardai straight away and gotten your man to admit liability but I wasn't thinking 100% about follow up to be honest.

it was a bad crash car was trashed and I'm very very lucky to be alive so I wasn't thinking logically I think I was just very shocked.

To answer questions about gardai, I don't expect anything from them, just felt they were a bit too disinterested is all. Just grateful nobody was seriously hurt.

Shoulder is definitely hurt waiting for MRI results back but doctor is fairly sure it's a muscle tear. Can't really lift much at all with it but hey positive thoughts I can still play PS4 with it lol.

Insurance have been informed they are sending out an assesor, they did say tho if the road has no turn off as described and damage matches my story, that I should have some chance of a claim.

Tried ringing other driver, he wasn't there but his wife answered and was asking was I alright etc. She said he was trying to get a number for me and will ring me back. So fingers crossed it's positive.


Look again lessons learned thanks for feedback.

At the end of the day though **** the car I'm alive and I could be dead money is not everything.

Also I hate threads that leave everything in limbo I'll update as anything happens.

Thanks guys

Effects

LIGHTNING wrote: »

Don't post in this thread again. Your being smart for the sake of it

It's 'you're' not 'your'.


Mod note - banned

bear1

:rolleyes:

Miike

Effects wrote: »

It's 'you're' not 'your'.

Nice knowing you

jcd5971

right quick update no liability admitted its with insurance crowd now so the waiting game begins...

Kimbot

jcd5971 wrote: »

right quick update no liability admitted its with insurance crowd now so the waiting game begins...

I thought they admitted liability last week?

jcd5971

jonnycivic wrote: »

I thought they admitted liability last week?

to me yep he did, I rang my insurance and told them they said they'd take it from there, but his story has changed now and insurance are saying it will have to be investigated, so there you go frustrating.

Kimbot

jcd5971 wrote: »

to me yep he did, I rang my insurance and told them they said they'd take it from there, but his story has changed now and insurance are saying it will have to be investigated, so there you go frustrating.

Wow what an a$$, well hopefully something good comes of it man.