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Car park collision

  • 13-10-2017 4:46pm
    #1
    Registered Users, Registered Users 2 Posts: 4


    Help please. About a month ago as I was reversing slowly out of a space I banged a car that was directly behind me. To my horror the car I hit started rolling gently across the car park and came to rest against some sort of bollard. I was so stunned that I couldn't move as was the person with me otherwise he would have gotten out and stopped it as it was going quite slow. Anyway I jumped out and ran across to see what damage I had caused and all I could see was some paint damage on the front of that car and my bumper had a dent it's plastic. I went into the restaurant and found the owner's niece who was driving and told her what happened. She and her companion came out to look and all we could see was the paint damage then she looked at the back and saw a dent where the car had come to rest against the pole or bollard. Stupidly I didn't look as I was still quite stunned that this had happened at all. Anyway I wanted to give my name and number but the guy with her was adamant that there was no need but I insisted that he take it and give it to the owner so she could get in touch with me. So today 4 weeks later the lady got in touch quite irate that I didn't get in touch with her I dont know her and vice versa. I explained what happened and how her car had travelled across the car park etc etc then she tried to make out that if someone had been in the car they could have been killed. NOT TRUE!!! I'm not trying to get out of this I was responsible end of story but I feel like she's trying to make a bigger deal out of this than it actually was. She admits that her car is full of dinges scrapes etc so how do I know which ones mine. I didn't have the cop on to take photos it was my 1st accident and I was pretty upset. Just wondering what I should do next?


Comments

  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Advise your insurer, provide them with all this information and let them handle everything from here. Tell the other person to direct everything to your insurer from now on.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Title amended for clarity


  • Registered Users, Registered Users 2 Posts: 16,370 ✭✭✭✭elperello


    Your friend was lucky he didn't get out to try to stop the car.

    Hard thing to stop a rolling locked car. If he got in front of it he could have been hurt.

    As above let insurance deal with it.

    On the bright side, especially considering the other party's temperament, you won't have to worry about any personal injuries.


  • Registered Users, Registered Users 2 Posts: 5,279 ✭✭✭bobbyss


    I have never been in any accident so I don't know how I would react. I would take all details of the car. I would take many photos at all and every angle.

    Did you inform the Gardai? I don't know what the legal requirement is in that regard is but I would do that as well immediately.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    +1 not trying to stop a rolling car manually. Even at slow speed a car can have considerable momentum even if rolling down a slight decline. People have been killed or seriously injured in such situations.

    The circumstances suggest that the other vehicle had no handbrake applied or a defective handbrake. Contributory negligence should be argued.

    Don't worry about the 1001 things that you thought of afterwards. We all learn by experience..............


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  • Registered Users, Registered Users 2 Posts: 7,623 ✭✭✭the_pen_turner


    Would leaving a car out of gear and with no hand brake on be considered dangerous driving parking. I would assume so.


  • Registered Users, Registered Users 2 Posts: 4 Fi_086


    NUTLEY BOY wrote: »
    +1 not trying to stop a rolling car manually. Even at slow speed a car can have considerable momentum even if rolling down a slight decline. People have been killed or seriously injured in such situations.

    The circumstances suggest that the other vehicle had no handbrake applied or a defective handbrake. Contributory negligence should be argued.

    Don't worry about the 1001 things that you thought of afterwards. We all learn by experience..............

    I was thinking along those lines also regarding the handbrake which I mentioned but she insisted that her niece had it on and I can't really prove otherwise. The fact that she stated her car has numerous dinges; srapes and bangs worries me I have no issue paying for my damage which was paint scrapes which I saw and apparently there was a dent on the back bumper. Any idea how much that would cost?


  • Registered Users, Registered Users 2 Posts: 7,623 ✭✭✭the_pen_turner


    if the handbrake was on then the car is a death-trap and shouldn't be on the road


  • Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    Did you inform your insurance company a month ago that you had been involved in an incident?


  • Registered Users, Registered Users 2 Posts: 4 Fi_086


    Did you inform your insurance company a month ago that you had been involved in an incident?

    No I didn't was hoping to avoid all that my insurance is high enough as my car is so old. I know I was in the wrong but I don't get why she took a month to get in touch her niece is no longer here and it was her own son who was refusing to take details only that i forced my name and number on him he kept saying to forget about it.


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  • Registered Users, Registered Users 2 Posts: 9,635 ✭✭✭irishgeo


    Was the driver an learner driver who perhaps was without a qualified driver?


  • Registered Users, Registered Users 2 Posts: 4 Fi_086


    irishgeo wrote: »
    Was the driver an learner driver who perhaps was without a qualified driver?

    I'm not sure. She said she had just been insured on the car while she was here on holiday.


  • Registered Users, Registered Users 2 Posts: 358 ✭✭noel100


    Look if the son said it was ok. Leave it don't admit to anything as the incident was in the past. They are partly liable for damage if no hand brake was on to allow the car to roll. How do you know if the car wasn't rolling in your direction till you hit the car .


  • Registered Users, Registered Users 2 Posts: 266 ✭✭taylor3


    Someone backed into my car in a car park. My hubby was driving our car we were half way through the reverse manoeuvre when a parked car behind us decided to reverse at the same time, now common sense would tell you the two of us couldn't reverse at the same time without bumping into each other. My hubby stopped our car blasted the horn and she just kept on coming. She hit the rear of my car with her toe bar wrecked my bumber cost €1,000 to replace it. (Nissan Qashqui)The garage did tell me that if the parking sensors were damaged it would have cost a bit more but thankfully they were fine. Now because we were already well out of the parking space when she decided to reverse her insurance paid up. I called the guards immediately but i forgot to take photos but it all was sorted out through her insurance in the end. Good luck.


  • Registered Users, Registered Users 2 Posts: 1,603 ✭✭✭coffeepls


    Hi OP - I have done what you did - as in bump into an unoccupied parked car, and left my details.
    It’s unfortunate that you didn’t know to ring your insurance company straight away - or at least within a day - but sure that can’t be helped now. It’s also unfortunate that this lady wasn’t more pleasant about the fact that you left your details. There’s enough folk out there that wouldn’t be bothered to be honest.

    You need to have no more part in dealing with this person. Talk to your insurance company (right now if you haven’t already). They will take any contact info from you & advise you not to contact her again (that’s my experience of this, and I’ve done this twice in the last 8 years. The second time only earlier this year).

    Once your insurance company has settled the claim, they will sent you a letter detailing how much the whole lot cost. I’d guess it could be anything from 300 to 1000. You can either leave it paid by your insurance company (and pay more for your insurance next year, plus be locked into staying with the same ins company for about 5 years) OR you can ring your insurance company and ask them if you were to reimburse them would this still effect your no claims etc.

    Bottom line is only deal with your insurance company. She sounds like a piece of work. You sound like a decent person.


  • Registered Users, Registered Users 2 Posts: 382 ✭✭delboythedub


    Go online and check Current NCT date


  • Registered Users, Registered Users 2 Posts: 3,606 ✭✭✭Ginger83


    If it was a private car park tell her to f off and move on with your life.


  • Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    Ginger83 wrote: »
    If it was a private car park tell her to f off and move on with your life.

    That's nonsense.


  • Registered Users, Registered Users 2 Posts: 2,456 ✭✭✭Icepick


    Don't deal with your insurance company when the damage is negligible.


  • Registered Users, Registered Users 2 Posts: 727 ✭✭✭Sixtoes


    I'd bet the niece wasn't insured and that's why they told you not to worry about it at the time.


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  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Icepick wrote:
    Don't deal with your insurance company when the damage is negligible.


    Do not follow this advice. Rightly or wrongly, this lady appears to be coming after you. If you don't involve your insurer ASAP, as you are obliged to do, it could end bad. You can always repay them any outlay to remove the claim from your policy


  • Registered Users, Registered Users 2 Posts: 3,356 ✭✭✭Heckler


    The usual dickery.

    A small incident most people are willing to let go. Then some asshole friend has a word and before you know it you're responsible for every ding, scrape and dent on the car.

    You're lucky some tit in the supermarket didn't claim whiplash. They'd probably get a pay out.


  • Registered Users, Registered Users 2 Posts: 3,606 ✭✭✭Ginger83


    That's nonsense.

    Why so? I've been hit by a driver on private property before. Gardai told me they could do nothing and driver was uninsured.

    Its obvious here that the niece was probably not insured, they said dont worry about it and 4 weeks later after a word in their ear they're after compo.

    I'd be telling my insurance dont worry about it, it wasn't on a public road.


  • Registered Users, Registered Users 2 Posts: 6,820 ✭✭✭brian_t


    Ginger83 wrote: »
    Its obvious here that the niece was probably not insured, .

    What has that got to do with anything. The niece wasn't driving. There was no-one in the other car when the OP hit it.

    Ginger83 wrote: »

    I'd be telling my insurance dont worry about it, it wasn't on a public road.


    That's nonsense too. Insurance covers you for car park accidents too.


  • Registered Users, Registered Users 2 Posts: 27,086 ✭✭✭✭Peregrinus


    Ginger83 wrote: »
    I'd be telling my insurance dont worry about it, it wasn't on a public road.
    If you're under the impression that you are not liable for negligence when not on a "public road", your impression is wrong.


  • Registered Users, Registered Users 2 Posts: 3,606 ✭✭✭Ginger83


    Peregrinus wrote: »
    If you're under the impression that you are not liable for negligence when not on a "public road", your impression is wrong.

    I had a similar experience on private carpark although the other car had no insurance.

    If I was in the OP's positionand over a month had passed i'd just deny it. Obviously someone has had a word and compo claim coming. No dash cam mentioned, rare a supermarket would have footage, one word against another.

    I wouldn't worry about it.


  • Registered Users, Registered Users 2 Posts: 3,606 ✭✭✭Ginger83


    Go online and check Current NCT date

    Why?


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Ginger83 wrote: »
    Why so? I've been hit by a driver on private property before. Gardai told me they could do nothing and driver was uninsured.

    Its obvious here that the niece was probably not insured, they said dont worry about it and 4 weeks later after a word in their ear they're after compo.

    I'd be telling my insurance dont worry about it, it wasn't on a public road.

    The obligation to report the incident to the insurer arises under contract irrespective of where the accident happens.

    If the accident happened in a public place there is also an obligation under statute (RTA 1961) to give notice to the insurer of the incident. Arguably, even if the accident does not happen in a public place the statutory obligation to give notice may still apply.

    FYI, failure to give notice of accident before next renewal also constitutes non-disclosure of a material fact which could render the insurance void at a future date. Duty of disclosure revives at renewal of a motor insurance contract.

    In relation to the NCT for the damaged vehicle I would be interested to know if the vehicle's NCT was current at time of accident.


  • Registered Users, Registered Users 2 Posts: 27,086 ✭✭✭✭Peregrinus


    NUTLEY BOY wrote: »
    The obligation to report the incident to the insurer arises under contract irrespective of where the accident happens.

    If the accident happened in a public place there is also an obligation under statute (RTA 1961) to give notice to the insurer of the incident. Arguably, even if the accident does not happen in a public place the statutory obligation to give notice may still apply . . .
    And, NB, "public place" doesn't mean a public road. Any place to which the public has access - like, oh, say for example a privately-owned supermarket car park - is a public place.


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  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Peregrinus wrote: »
    And, NB, "public place" doesn't mean a public road. Any place to which the public has access - like, oh, say for example a privately-owned supermarket car park - is a public place.

    Presumably this is as per RTA 1994 S.49 (1) (a) (iv) ?

    “‘public place’ means—

    (a) any public road, and

    (b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;”;


    Link http://www.irishstatutebook.ie/eli/1994/act/7/section/49/enacted/en/html


  • Registered Users, Registered Users 2 Posts: 27,086 ✭✭✭✭Peregrinus


    Yup. A car park isn't a "street" or a "road", but it is an "other place".


  • Registered Users, Registered Users 2 Posts: 1,764 ✭✭✭honda boi


    Who's to say it ever even happened? If there's no proof.
    You did the right thing exchanging details and obviously would have fixed the damage you done but if they gonna get you to fix everything wrong with there car you should play hard ball with them and say you have no idea what accident there talking about.

    Mod
    Never a good idea to lie


  • Registered Users, Registered Users 2 Posts: 27,086 ✭✭✭✭Peregrinus


    honda boi wrote: »
    Who's to say it ever even happened? If there's no proof.
    You did the right thing exchanging details and obviously would have fixed the damage you done but if they gonna get you to fix everything wrong with there car you should play hard ball with them and say you have no idea what accident there talking about.

    Mod
    Never a good idea to lie
    Particularly when, as stated in the OP, you have already found the owner of the car and told them what has happened.


  • Registered Users, Registered Users 2 Posts: 262 ✭✭barman linen


    Heckler wrote: »
    The usual dickery.

    A small incident most people are willing to let go. Then some asshole friend has a word and before you know it you're responsible for every ding, scrape and dent on the car.

    You're lucky some tit in the supermarket didn't claim whiplash. They'd probably get a pay out.

    I knocked over a motorcycle that was parked - the owner was working in a shop. I went in and asked for the owner and he came out and looked at the 'damage' - said it was all fine and said not to worry about it. A colleague of his came out as well and I could see his eyebrows rising when the owner was letting it go. Naturally enough 4 weeks later a call from the Guards about a 'road traffic accident'.

    The colleague obviously worked on him after we left...this is why our insurance is so high in this country. An honest man was coerced by a less honest man to make a spurious claim.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,778 Admin ✭✭✭✭✭hullaballoo


    Do you not think insurance would be cheaper if people stopped milling into other people and their property?


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  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Do you not think insurance would be cheaper if people stopped milling into other people and their property?

    It would be cheaper if people didn't damage property or injure people alright. However, the poster is also right in that it would be cheaper without spurious claimants and those that assist them. I'm referring to people giving false witness statements etc.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,778 Admin ✭✭✭✭✭hullaballoo


    It would be cheaper if people didn't damage property or injure people alright. However, the poster is also right in that it would be cheaper without spurious claimants and those that assist them. I'm referring to people giving false witness statements etc.

    You won't find me disagreeing with that.

    But for clarity, in the above given example, the poster caused damage to a motorbike and was later called by AGS. There's nothing that suggests fraud to me in that example.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    The poster agreed that he knocked over the bike, he didn't accept that he damaged it.


  • Registered Users, Registered Users 2 Posts: 6,820 ✭✭✭brian_t


    The poster agreed that he knocked over the bike, he didn't accept that he damaged it.

    "the owner .... came out and looked at the 'damage' - said it was all fine"

    If the owner wasn't a mechanic then he wasn't qualified to look at the damage and say it was all fine.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    That's true


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