Fixed fines

Baker1991 · 01-02-2018 6:31pm #1

Hey . I was involved in a car accident. I was changing lines on a motorway. Everything was clear for me to move into other line and was hit in the back of my car. I lost control of the car. Guards arrive and asked what happened. I explain what happened so did the other driver. So I was rear ended. Car write off hisz insurance will pay out . But today i got a fixed fine from the garda for dangerous driving. How can that be . If it wasn't me who crashed into someone it was his fault.

amcalester · 01-02-2018 6:38pm

Other car didn’t appear out of nowhere.

BeardySi · 01-02-2018 6:48pm

You merged into a lane that wasn't clear. Sounds dangerous enough to me...

Baker1991 · 01-02-2018 7:08pm

BeardySi wrote: »

You merged into a lane that waysn't clear. Sounds dangerous enough to me...

Yea that's right I brought my pride and joy onto a motorway to get rearend . Total my car forr an insurance company to pay me half of what my cars is valued for and get a fine to.

CiniO · 01-02-2018 7:21pm

Baker1991 wrote: »

Hey . I was involved in a car accident. I was changing lines on a motorway. Everything was clear for me to move into other line and was hit in the back of my car. I lost control of the car. Guards arrive and asked what happened. I explain what happened so did the other driver.

I understand you explaind to the guard like you explained here - that you moved to other lane which was clear, and then you were hit by someone from behind.

Do you know what was other driver's explanation?

So I was rear ended. Car write off hisz insurance will pay out .

How do you know that? Was fault of the accident decided already?

But today i got a fixed fine from the garda for dangerous driving. How can that be . If it wasn't me who crashed into someone it was his fault.

I had a quick look, and "dangerous driving" doesn't seem to be an offence which can result in fixed fine. Can you double check what you got your fine for?

tcawley29 · 01-02-2018 7:30pm

CiniO wrote: »

I understand you explaind to the guard like you explained here - that you moved to other lane which was clear, and then you were hit by someone from behind.

Do you know what was other driver's explanation?

How do you know that? Was fault of the accident decided already?

I had a quick look, and "dangerous driving" doesn't seem to be an offence which can result in fixed fine. Can you double check what you got your fine for?

I'd say he means Driving Without Due Care And Attention

OldmanMondeo · 01-02-2018 8:04pm

I was side swiped by someone changing lanes before, he changed into the lane I was in and hit side of me. 2 years later and my car is still not fixed and I'm out of pocket. Like mentioned above, other car didn't appear out of nowhere. Sounds like you didn't check properly and caused an accident. The blame lies with you and you alone. Expect your insurance to payout on the other car and your policy to be very expensive on renewal...

Baker1991 · 01-02-2018 8:09pm

tcawley29 wrote: »

I'd say he means Driving Without Due Care And Attention

Yea that's what the fine said. Cheers

Baker1991 · 01-02-2018 8:12pm

OldmanMondeo wrote: »

I was side swiped by someone changing lanes before, he changed into the lane I was in and hit side of me. 2 years later and my car is still not fixed and I'm out of pocket. Like mentioned above, other car didn't appear out of nowhere. Sounds like you didn't check properly and caused an accident. The blame lies with you and you alone. Expect your insurance to payout on the other car and your policy to be very expensive on renewal...

the other car was at fault for referencing me . His insurance has already offer a few for my car . So my insurance will stay the same .

ytpe2r5bxkn0c1 · 01-02-2018 8:13pm

Baker1991 wrote: »

Yea that's what the fine said. Cheers

Sounds like you pulled out into his path. Obviously the way was not clear if you collided. Do you think his car just materialised out of nowhere? The Gardaí were obviously satisfied that he was not using excessive speed nor deploying a cloaking device.

Has your insurance confirmed liability yet??

Baker1991 · 01-02-2018 8:14pm

tcawley29 wrote: »

I'd say he means Driving Without Due Care And Attention

Hey yea his insurance have offered to pay out on my car . I'm not sure what he said to the gaurds. But he most have taking blame if they won't to pay out .

punisher5112 · 01-02-2018 8:17pm

If you feel you have a case then get a good solicitor.

It's a serious offence so if you want to stay on the road as it carries 5 points a fine and it will up your insurance if convicted.

Baker1991 · 01-02-2018 8:18pm

punisher5112 wrote: »

If you feel you have a case then get a good solicitor.

It's a serious offence so if you want to stay on the road as it carries 5 points a fine and it will up your insurance if convicted.

Cheers for the advice

punisher5112 · 01-02-2018 8:21pm

Baker1991 wrote: »

Cheers for the advice

I had a similar thing years ago but there was no collision and I actually wasn't even moving as was in terrible traffic but a guy jumped in front of the vehicle and rugby tackled the windscreen.

It was an expensive time for me as I had to pay for a solicitor and meetings and attend court 4 times.

Need any help let us know.

Casati · 01-02-2018 8:28pm

Baker1991 wrote: »

Cheers for the advice

Honestly I would think that a reasonable judge would take into account the actions of the insurance company to accept liability , if there was a tiny question that you were in the wrong then the others drivers insurance company would be trying to hold you partly responsible.

I would get a solicitor and take a chance on going straight to court to fight your story. It sounds like the other driver did not adjust their speed after you merged, and as such lost control and crashed into the back of you. I don’t see why this would merit you getting a fine

wexie · 01-02-2018 8:32pm

Casati wrote: »

Honestly I would think that a reasonable judge would take into account the actions of the insurance company to accept liability , if there was a tiny question that you were in the wrong then the others drivers insurance company would be trying to hold you partly responsible.

Bit of an odd one alright, generally I would have thought insurers would take even a remote chance of wriggling out of having to accept liability.

OP, are you sure the fine isn't from a different event? (not saying it is but it does seem odd) do you know if it's coming from the gard that attended the accident?

01-02-2018 8:37pm

If I was you I’d just accept pay the fine and take the points. If the other driver’s insurance company got wind that you were were done for “Driving Without Due Care And Attention” they very well might change their mind and fight the liability, at which point you’d be in a much worse situation.

Baker1991 · 01-02-2018 8:50pm

Thanks for the advice. I'll post more when I get it all sorted . Cheers again .

tcawley29 · 01-02-2018 8:54pm

Baker1991 wrote: »

Thanks for the advice. I'll post more when I get it all sorted . Cheers again .

Although unlikely, Could it be possible that the Guard made a mistake and meant to ticket the other driver?

Have you contacted the Guard to see what the deal is and why you were ticketed if the other parties insurance has accepted liability?

K.Flyer · 01-02-2018 8:57pm

Does the date and location of the fine match the date and location of your accident?

We have seen on a few threads here insurance companies making what appear to be illogical decisions. Obviously we don't have the full finer details, but maybe the insurers are looking at it from the rear- ender at fault perspective, but the Garda have a different viewpoint.

Isambard · 01-02-2018 9:29pm

can you get a fixed fine for careless driving even? I'd have thought you'd have to go to court for that

tcawley29 · 01-02-2018 9:57pm

Isambard wrote: »

can you get a fixed fine for careless driving even? I'd have thought you'd have to go to court for that

It appears so. Here is the list

kirving · 01-02-2018 10:04pm

If for example you brake tested someone, their insurance would pay out, and you would be charged with an offence. Just because the other driver was at fault for the accident, you can be fined for your actions that led to it.

CiniO · 01-02-2018 11:13pm

Kevin Irving wrote: »

If for example you brake tested someone, their insurance would pay out, and you would be charged with an offence. Just because the other driver was at fault for the accident, you can be fined for your actions that led to it.

It doesn't make sense to me.

If your actions led to it, then you were at fault of the accident (or at least part of the fault).

kirving · 02-02-2018 8:57am

Not necessarily no.

If you park on a double yellow line and are hit, the driver who hit you will take the insurance claim, and you may get fined for bad/dangerous parking.

Your actions led to the crash in that if you were parked properly it wouldn't have happened, but the other guy still should have avoided it.

Insurance companies wont necessarily approtion blame like the Gards would.

Casati · 02-02-2018 9:17am

Kevin Irving wrote: »

Not necessarily no.

If you park on a double yellow line and are hit, the driver who hit you will take the insurance claim, and you may get fined for bad/dangerous parking.

Your actions led to the crash in that if you were parked properly it wouldn't have happened, but the other guy still should have avoided it.

Insurance companies wont necessarily approtion blame like the Gards would.

I have a friend who parked illegally and was hit by another car , in the end he was proven to be partly liable for the crash and both drivers lost their no claims bonus’s.

Riva10 · 02-02-2018 9:18am

Isambard wrote: »

can you get a fixed fine for careless driving even? I'd have thought you'd have to go to court for that

Yes you can. Had a friend on a motorcycle who t-boned a Passat. Friend completely wrong. Got the choice of €80 fine and 2 points or a day in court. He took his fine and points. (And YES. It was a friend.

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Fixed fines

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