Car crash advice

m12617

Hi there, I was recently involved in a crash and would appreciate advice. I was turning out of a hospital, turning right. The car approaching stopped to let me out, the car behind her swerved around and hit me in the left lane. At the time I presumed he was speeding and tried to go around her. His insurance company are saying he was overtaking and I was coming out of a minor road so the liability is mine. I don't really understand this as I thought at the time this was pretty clear cut that it was his fault. This was in the city centre. All comments appreciated.

Ubbquittious

That lads insurance company don't want the blame

Neither will yours.

Let the two of them duke it out and don't ever admit to anything

TheBully

Was there a solid white line or broken
One?

m12617

It was a broken white line. I just don't see how I ever could have seen him coming. I don't think I could have done anything differently. He was creepy at the scene and kept touching me/ hugging me so I didn't call the guards so I could leave, I regret that now.

ba_barabus

m12617 wrote: »

I regret that now.

Pass it to your insurance company and leave it to them to sort. That's why you pay it.

colm_mcm

Just checking

You were turning right

The car came at you from which side?

m12617

I was turning right, there were two cars coming from the left. The first car stopped to let me out, the second one swerved around her and hit me in the left lane (the left lane from my car's point of view).

Thestones

Was it a 2 lane road you were turning onto? Regardless of someone letting you out you still need to make sure it is clear for you to go. I've had that situation where a driver is trying to be nice letting by me out but I can see other lane is not planning on stopping so I don't go, without a diagram of what happened no one here can really say if your right or wrong. If you strongly believe you are in the right stand your ground, don't admit liability. Have you been asked by your insurance to draw what happened on a claim form? What does your insurer say about it? Of course other side will go after you. I recently had a minor incident where I knew I was in the right, they put in claim against me, I couldn't believe it, like you I thought it was cut and dry totally their fault, anyway I put in counter claim, stood my ground, and in the end I actually got paid from other side as their own assessor saw in my favour.

07Lapierre

My understanding is even if a car stops to let you pull out and turn right, it's still up to you to ensure it's safe for you to do so.

mickdw

Did the driver that hit you undertake the car letting you out or overtake them in a normal fashion?
Where were you on the road when you were hit and what part of your car was hit?
In my opinion the driver letting you out has some of the blame here. Too many pay no heed to what is behind when they decide just slow down in the driving lane and signal someone out.

m12617

I am worried that if I leave it to the insurance companies I may be found liable and my insurance will be affected. If there is some way I am liable should I just pay to have the car fixed myself? That is what his insurance company proposed to me today. But my broker is fairly convinced he is liable.

m12617

The driver overtook to the right in the usual fashion. I was almost completely straightened out in the left lane and my forward right light/bumper area were hit. I didn't realise how stressful this could be.

colm_mcm

m12617 wrote: »

I was turning right, there were two cars coming from the left. The first car stopped to let me out, the second one swerved around her and hit me in the left lane (the left lane from my car's point of view).

I don’t get this left lane thing. You’re saying there were two lanes going from left to right in front of you. the car that let you out was in the outside lane, let you out, you crossed in front of this car and into the inside lane, where the car that hit you was travelling?

That it?

mikeecho

OP, its up to you to proceed when the coast is clear.. it wasn't clear,,
you entered a major road from a minor road.
unfortunately,, the cards are stacked against you.


leave it up to the insurance to sort out,, but in my experience.. you'll be found at fault.

punisher5112

Op buy a dash cam.

Definitely worth it even buying at €100.

I have a ddpai m6 and the footage was so good the taxi driver that done a crash 4 cash on me didn't come out looking the winner.

They paid out to me.

colm_mcm

The only thing worse than your driving is your diagram

TheChizler

Is the entire line a broken line or just the bit at the junction, as in did they cross a solid white line at any point? Normally at junctions there are no overtaking signs up at junctions to avoid exactly this situation (in the countryside at least), is there one here?

No problem if you don't want to tell people, but if you told us which junction it was it could be useful.

m12617

Hi colm,
I was actually turning out of a hospital. There were two cars travelling from right to left in front of me. One stopped to let me out and the other went around her in the outside lane and hit me there when I had crossed to the other side of the road and was levelling out having turned right. Does that make sense?

m12617

It didn't really translate!!!

tnegun

Did he hit you head on or on the side? Head on you might have a claim but side I would say its on you.

m12617

It was on adelaide road in dublin. I'm trying to look at the satellite images at the white line but I can't really make it out. To be honest I just took his insurance company'w word for it, I'll have to go back and have a look.

m12617

It was the front but the right side (light/bumper)

Hurrache

Sounds like the car that hit her was on the wrong side of the road at the point of impact, is that it OP?

Tigger

m12617 wrote: »

I was turning right, there were two cars coming from the left. The first car stopped to let me out, the second one swerved around her and hit me in the left lane (the left lane from my car's point of view).

m12617 wrote: »

Hi colm,
I was actually turning out of a hospital. There were two cars travelling from right to left in front of me. One stopped to let me out and the other went around her in the outside lane and hit me there when I had crossed to the other side of the road and was levelling out having turned right. Does that make sense?

I’m lost
Which side of your car was hit

Stheno

m12617 wrote: »

It was on adelaide road in dublin. I'm trying to look at the satellite images at the white line but I can't really make it out. To be honest I just took his insurance company'w word for it, I'll have to go back and have a look.

were you coming out of the adelaide hospital and going onto adelaide road or out of the lane beside it?

m12617

Yes when the car hit me he was on the wrong side of the road. I was coming out of the Eye and Ear Hospital turning right.

m12617

The front of the car was hit on the right side (bumper, light and parking sensor and a couple of other things I'd never heard of ).

tnegun

If he hit you on the front I'd say you have a case. What's so hard to understand lads? OP was turning right on to a main road and a car stopped to let them out, a car following overtook the stopped car and hit the op while over taking on the wrong side of the road.

Hurrache

m12617 wrote: »

Yes when the car hit me he was on the wrong side of the road. I was coming out of the Eye and Ear Hospital turning right.

Ok. Have a glass of wine or beer and write down everything you remember along with a diagram of road positioning of each car when you were hit. Take no notice of the other driver or his insurance company for now, contact your own and describe what happened and let them investigate. The other party will usually try to absolve themselves of any blame and try get you to accept it.

Don't worry about not calling the Gardai, they wouldn't have come anyway to such an accident.

m12617

Thanks @Hurrache, sounds like that's a must. I will also 100% be buying a dash cam. The woman from the other driver's insurance company kind of laughed condescendingly like a villain from a bond film when I said I didn't have one.

Tigger

m12617 wrote: »

I was turning right, there were two cars coming from the left. The first car stopped to let me out, the second one swerved around her and hit me in the left lane (the left lane from my car's point of view).

m12617 wrote: »

Hi colm,
I was actually turning out of a hospital. There were two cars travelling from right to left in front of me. One stopped to let me out and the other went around her in the outside lane and hit me there when I had crossed to the other side of the road and was levelling out having turned right. Does that make sense?

tnegun wrote: »

If he hit you on the front I'd say you have a case. What's so hard to understand lads? OP was turning right on to a main road and a car stopped to let them out, a car following overtook the stopped car and hit the op while over taking on the wrong side of the road.

colm_mcm

Kinda like this?

jca

The other driver was on the wrong side of the road and hit you they're 100% wrong. Explain this to your insurance company. You should have called the Guards.

m12617

If you think you may be found liable should you cut your losses and get your own car fixed?

Tigger

It’s a broken line and a yellow box at that exit
The car that hit you was entitled to overtake and you should have checked the lane was clear befor you entered it
The car lwttingbyou out ceded that lane to you but not the lane the car that hit you was in

Tigger

colm_mcm wrote: »

Kinda like this?

It’s an exit not a junction
It’s exit only
The other cars were from the ops right
It’s a two lane road

Mantis Toboggan

Broken white line entitles him to overtake, you're at fault here unfortunately. Fight it out though and you might get a 50/50.

m12617

Hi Colm,
I was turning right and the two cars were coming from the left. I tried to upload my own diagram there but this is beyond by technological abilities:D

Tigger

jca wrote: »

The other driver was on the wrong side of the road and hit you they're 100% wrong. Explain this to your insurance company. You should have called the Guards.

They were overtaking
Overtaking is allowed
Pulling into the lane that someone who is overtaking in is not allowed
Op is in the wrong
Even if the hitter was speeding it’s still an issue for the op

m12617

If the possibilty is of a 50/50 at best, are you better off taking his insurance company's advice and each just fix their own car? His wasn't damaged really...

Hurrache

m12617 wrote: »

Hi Colm,
I was turning right and the two cars were coming from the left. I tried to upload my own diagram there but this is beyond by technological abilities:D

This is what I mean by sitting down and write things down. You said they were coming from the right and the one that hit you was on the wrong side of the road when you were in the correct lane which contradicts what is quoted above.

jca

colm_mcm wrote: »

Kinda like this?

No. The car letting him out was approaching from his right. A car travelling behind this approaching car overtook into their right lane as the op entered the same lane (correctly)

2Mad2BeMad

colm_mcm wrote: »

Kinda like this?

Your in the wrong

humberklog

Did you get the driver that let you out details?

Tigger

jca wrote: »

No. The car letting him out was approaching from his right. A car travelling behind this approaching car overtook into their right lane as the op entered the same lane (correctly)

Its left again it changed back

humberklog

OP might not have enough post count to upload an image.


OP if you want to PM me the image I might be able to pop it up here.

Ultimate Seduction

You were turning right, and a car coming from your left, hit you on your front right bumper? That really doesn't make sense please draw a pic

mikeecho

colm_mcm wrote: »

Kinda like this?

Looks like cork university hospital..

Op is in the wrong

kirving

Tyson Fury wrote: »

Broken white line entitles him to overtake, you're at fault here unfortunately. Fight it out though and you might get a 50/50.

The broken white line is to allow the OP to cross the middle of the road.

You are not allowed to overtake approaing a junction, and this case is the reason why. The other car should use reasonable care when overtaking, and perhaps could have thought for a moment why the car in front slowed.

On my phone so not going to trawl through the various road traffic acts, but it is stated here.

http://www.drivingschoolireland.com/good-driving.html#4

colm_mcm

Depends on whether it’s an actual junction, or just an entrance like you’d have for a house.

locohobo

Hey Op.....Is this the place you are referring to....https://www.google.ie/maps/place/St+Finian's+Church/@53.3325436,-6.256502,19z/data=!4m12!1m6!3m5!1s0x48670ea191e0a805:0xb6684a8e82509bc6!2sRoyal+Victoria+Eye+and+Ear+Hospital!8m2!3d53.3327567!4d-6.2560916!3m4!1s0x48670ea235bbc6b9:0x843c4eed9dfce0a2!8m2!3d53.332365!4d-6.2566917