Minor car crash - advice?

Theboinkmaster

This evening I was driving about 25pkh in Dublin when a Jeep pulled out into me and hit the side of my car. They were looking the opposite way and just pulled out without looking. They were 100% at fault - the side of my far is quite badly damaged and front of theirs a little. We swapped details and he did not admit lability and I immediately reported to my insurance company.

I took lots of pics of both cars as well as the locations the accident occurred.

It was on a main road and they were pulling out of a petrol station.

After the crash I jumped out to take pictures to clearly show it was his fault but he moved back off the road before I could - so could come down to his word against mine - though I think the damage on both cars definitely points to his error.

My insurance company Sent me report form to complete on Monday and gave me the options - I need to pay my excess of €500 And get my car repaired through them then they will chase other insurance company and challenge and if I win they will refund €500 and no impact on NCB.

I suspect the other driver will not admit liability, lie and try to blame me.

Any advice?

Redmen6

Contact the garage to see if they would have any CCTV of the accident.

Get onto the other drivers insurance and see if they'll pay. I was rear ended so more clear cut. But I think their insurance may get your car repaired to retain control.

I didn't have to pay excess.

jmreire

A dash cam would have taken all the argument of whose fault it was out of this. While it would not have shown the actual impact itself, it would have shown the other vehicle pulling out of the filling station, and the "jarring" at the point of impact. A worthwhile point to make is that he struck you, and not that you struck him. Good Luck with it, and let us know how you get on.
I witnessed a similar accident in a supermarket car park, where a car reversed out of a parking bay, and hit a passing car on the side, just like your case. (The car reversing out had a large van parked beside it, and the view was obstructed, so it was reversing blindly.) The Guards were called and took down all the details, making it clear who was at fault ( the reversing car) and left them to sort it out themselves. The driver at fault paid for the repairs herself, and did not involve the insurance, She was lucky in the sense that the owner of the car she hit, only wanted the car repaired....and not for any "Personal Injury's / Damages " etc.

colm_mcm

Shopping list for OP:

Dashcam
Time machine




Should be pretty clear cut that the other party was at fault given he hit the side of your car. Hopefully they don’t try and play dirty.

dsmythy

They'll struggle to explain how you moved your car sideways into them.

Del2005

Redmen6 wrote: »

Contact the garage to see if they would have any CCTV of the accident.

Only the Gardai can request CCTV from a business and they won't do it for a civil matter, they barely do it for criminal matters.

Bigdig69

Del2005 wrote: »

Only the Gardai can request CCTV from a business and they won't do it for a civil matter, they barely do it for criminal matters.

Nonsense. Anyone can request it. That does not mean that the garage are obliged to provide it.

Irish_peppa

For a standard fender bender, Is it correct to clear the cars off to the side of road to stop obstruction of traffic ASAP or should you ALWAYS wait for the guards to arrive? (After pictures taken off course and if it is of course a fairly decent bump)

Reason I ask, I was rear ended and the FIRST thing the other driver said was
( Sorry about that ill pay for that no bother, better move the cars over to the side up onto the path out of the way to let the traffic through quick. No real need to wait for police we will be waiting hours:cool:) He didnt even seek agreement he just reversed his car and mounted the path

I immediatly started snapping pictures before he moved then I did actually move my car before the guards came

Too late now for the OP, but always call the guards.

Eggs For Dinner

6 wrote: »

Too late now for the OP, but always call the guards.

They won't usually attend where there is no injury

Eggs For Dinner

Eggs For Dinner wrote: »

They won't usually attend where there is no injury

But they will give it a case number which can be given to the insurance company.

Not recommending to artificially create, but if the cars are obstructing the flow they will attend.

blade1

Eggs For Dinner wrote: »

They won't usually attend where there is no injury

Who makes the call on no injuries?
People can go and find they are injured afterwards.
Whether they are or not is a different story.

Irish_peppa

blade1 wrote: »

Who makes the call on no injuries?
People can go and find they are injured afterwards.
Whether they are or not is a different story.

In my rear ending the guards asked if there was injuries we said no but they still came. I assume it was put on a low priority call out thou.

Eggs For Dinner

Eggs For Dinner wrote: »

They won't usually attend where there is no injury

Really? Insist on it.

It'll help to negate dodgy claims.

blade1

blade1 wrote: »

Who makes the call on no injuries?
People can go and find they are injured afterwards.
Whether they are or not is a different story.

Exactly.

The Royal Scam

I had a minor where I was at fault and other party was elderly and had never been in an accident. I insisted on calling the guards as I wanted to make sure they were happy and that I was not trying to pull a fast one.
They arrived and told me unless somebody is injured or cars are causing any kind of hazard or immobile , there is no need to call them.

newcavanman

I am a professional driver, doing 60/70K per yearvin a large van. If they seem reasonable, i will always offer to deal directly, avoiding the insurance company. I had to claim once, 30 odd years ago, and it took me 7 years to get my premium back down. Ive only tipped once myself since, but ive had 6/7 others tip me. However if theres damage, i allow them to get it fixed and hope if i do the same, someone will be kind to me, if im at fault

i57dwun4yb1pt8

dash cam all the way , even an app on an old phone will do it .

ask around any place you reckon had a cctv and ask them to keep the footage if possible for gurads to review.

then go to guards to look into it .

Eggs For Dinner

6 wrote: »

Really? Insist on it.

s.

Good luck with that. Make sure you have a flask of coffed in the car at all times in preparation for the wait.

If the Gardai have nothing on, they might swing by. Otherwise they won't

Isambard

blade1 wrote: »

Who makes the call on no injuries?
People can go and find they are injured afterwards.
Whether they are or not is a different story.

If you've any doubts, complain of soft tissue damage and call the Gards etc . Make sure you aren't sat in your car though or you could lose the roof

blade1

Isambard wrote: »

If you've any doubts, complain of soft tissue damage and call the Gards etc . Make sure you aren't sat in your car though or you could lose the roof

Handy if the other person hit you and you feel like it's time for a new car :pac:

Eggs For Dinner

Eggs For Dinner wrote: »

Good luck with that. Make sure you have a flask of coffed in the car at all times in preparation for the wait.

If the Gardai have nothing on, they might swing by. Otherwise they won't

Id prefer to wait. You're leaving yourself open otherwise.

jmreire

newcavanman wrote: »

I am a professional driver, doing 60/70K per yearvin a large van. If they seem reasonable, i will always offer to deal directly, avoiding the insurance company. I had to claim once, 30 odd years ago, and it took me 7 years to get my premium back down. Ive only tipped once myself since, but ive had 6/7 others tip me. However if theres damage, i allow them to get it fixed and hope if i do the same, someone will be kind to me, if im at fault

Thats the way to be, but nowadays, litigation seems to be the 1st choice of many, and is why we are all paying astronomical premiums.

Del2005

6 wrote: »

Id prefer to wait. You're leaving yourself open otherwise.

The other party does not have to once they have exchanged details they are free to drive off. Once we have photos of the crash the Gardai won't do anything other than say that 2 or more vehicles collided

Del2005

Bigdig69 wrote: »

Nonsense. Anyone can request it. That does not mean that the garage are obliged to provide it.

The garage can't provide CCTV footage to anyone other than the Gardai, if they give it to anyone else they will be in breach of GDPR and open to fines.

punisher5112

Del2005 wrote: »

The garage can't provide CCTV footage to anyone other than the Gardai, if they give it to anyone else they will be in breach of GDPR and open to fines.

If you are in the footage and request it under gdpr then they must give you the footage but have to get any other party blurred.

punisher5112

punisher5112 wrote: »

If you are in the footage and request it under gdpr then they must give you the footage but have to get any other party blurred.

Wah? Public area, and not covered by GDPR.

Tootsie_1

Theboinkmaster wrote: »

This evening I was driving about 25pkh in Dublin when a Jeep pulled out into me and hit the side of my car. They were looking the opposite way and just pulled out without looking. They were 100% at fault - the side of my far is quite badly damaged and front of theirs a little. We swapped details and he did not admit lability and I immediately reported to my insurance company.

I took lots of pics of both cars as well as the locations the accident occurred.

It was on a main road and they were pulling out of a petrol station.

After the crash I jumped out to take pictures to clearly show it was his fault but he moved back off the road before I could - so could come down to his word against mine - though I think the damage on both cars definitely points to his error.

My insurance company Sent me report form to complete on Monday and gave me the options - I need to pay my excess of €500 And get my car repaired through them then they will chase other insurance company and challenge and if I win they will refund €500 and no impact on NCB.

I suspect the other driver will not admit liability, lie and try to blame me.

Any advice?

why havent you reported it to the other parties insurance ? The insurance company will decide who is at fault get in touch and report it ASAP

martingriff

Del2005 wrote: »

The other party does not have to once they have exchanged details they are free to drive off. Once we have photos of the crash the Gardai won't do anything other than say that 2 or more vehicles collided

I would still at least report it. You might have someone who will try to report it later and say you just drove off and left an accident. As for this given the side of his car was hit does it matter the position of the vechiles

punisher5112

[Deleted User] wrote: »

Wah? Public area, and not covered by GDPR.

You have a right to your data.

If you are picked up on a camera you are entitled to the footage showing you and nobody else.

punisher5112

punisher5112 wrote: »

You have a right to your data.

If you are picked up on a camera you are entitled to the footage showing you and nobody else.

Can you link to the relevant section on GDPR for this?

Can you imagine the mom and pop operation having to pay out to get others in the shot pixalated out just because I walked into their shop and fancied a grainy photo of my self.

punisher5112

[Deleted User] wrote: »

Can you link to the relevant section on GDPR for this?

Can you imagine the mom and pop operation having to pay out to get others in the shot pixalated out just because I walked into their shop and fancied a grainy photo of my self.

I've done it.

Obviously if it's deemed excessive they can refuse.

punisher5112

punisher5112 wrote: »

I've done it.

Obviously if it's deemed excessive they can refuse.

The law is black and white, and I don't know how excessive comes into something like GDPR.

When someone gave you files/photos was it through a court order or they handed over because they thought they had to when requested?

AndrewJRenko

Deleted User wrote: »

Can you link to the relevant section on GDPR for this?

Can you imagine the mom and pop operation having to pay out to get others in the shot pixalated out just because I walked into their shop and fancied a grainy photo of my self.

https://www.dataprotection.ie/sites/default/files/uploads/2019-10/CCTV%20Guidance%20for%20Individuals_For%20Publication_October19_For%20Publication.pdf

Access Requests –What Am I Entitled to?

You are entitled to be informed about any processing of your personal data that is taking place, and to be provided with a copy of your personal data being processed. The information to which you are entitled includes the identity of the data controller and the purposes for which they have obtained your personal data. You should also be informed if your data has been provided to any third parties.A data controller must provide you with a copy of your data within one month of your request, free of charge.

AndrewJRenko

AndrewJRenko wrote: »

https://www.dataprotection.ie/sites/default/files/uploads/2019-10/CCTV%20Guidance%20for%20Individuals_For%20Publication_October19_For%20Publication.pdf

Are you agreeing that if you are in CCTV coverage in a public place you can get a copy of the footage and all others must have their identity obscured?

What about only the garden have a right to ask for CCTV coverage?

timetogo1

I had a fender bender last year.
Admittedly I had a dash cam but even with that the other insurance were saying to claim off my insurance and they'd finish their investigation in 3 months and then they'd decide if they were to pay or not.

I wasn't happy with that so spoke with a solicitor. He contacted them with the same information and suddenly they agreed to cover all the costs of the repair.

AndrewJRenko

Deleted User wrote: »

Are you agreeing that if you are in CCTV coverage in a public place you can get a copy of the footage and all others must have their identity obscured?

Yes.

punisher5112

[Deleted User] wrote: »

The law is black and white, and I don't know how excessive comes into something like GDPR.

When someone gave you files/photos was it through a court order or they handed over because they thought they had to when requested?

I requested under gdpr and received it.

They were 10 days late giving it to me too.

Redmen6

Del2005 wrote: »

Only the Gardai can request CCTV from a business and they won't do it for a civil matter, they barely do it for criminal matters.

I’m sure anyone can ask if there is CCTV covering an area, if they have then inform your insurance company.

Hopefully the other driver just puts up there hands and says Mea Culpa and you avoid all hassle.

Theboinkmaster

Tootsie_1 wrote: »

why havent you reported it to the other parties insurance ? The insurance company will decide who is at fault get in touch and report it ASAP

why would I go that? I reported it to my own insurance company and they did not advise to call the other parties? I thought I'd just let the 2 insurance companies deal with it themselves.

punisher5112

Theboinkmaster wrote: »

why would I go that? I reported it to my own insurance company and they did not advise to call the other parties? I thought I'd just let the 2 insurance companies deal with it themselves.

If your claiming against the other driver then you contact them unless you plan on claiming off your own insurance.

i57dwun4yb1pt8

you contact the guilty partys insurance , not your own.

you tell your own it occurred as a term of your insurance condirions
(though it may be a bad idea as they record it on your ncb as i found out recently
as i had reported incidents where people hit me but i had no claims on mine.)

Theboinkmaster

punisher5112 wrote: »

If your claiming against the other driver then you contact them unless you plan on claiming off your own insurance.

im claiming off my own but saying other driver was at fault so Allianz said they would chase other driver insurance and they would claim off them.

If they succeed my NCB not impacted etc.

Theboinkmaster

Theboinkmaster wrote: »

im claiming off my own but saying other driver was at fault so Allianz said they would chase other driver insurance and they would claim off them.

If they succeed my NCB not impacted etc.

1. You'll have to pay the excess.
2. What if they decide between them it was 80/20 the other person's fault. You lose your NCB.

I'd notify my insurance, but would take the trouble to manage the process with the other person's insurance.

Theboinkmaster

Deleted User wrote: »

1. You'll have to pay the excess.
2. What if they decide between them it was 80/20 the other person's fault. You lose your NCB.

I'd notify my insurance, but would take the trouble to manage the process with the other person's insurance.

im very short on time so don't want to go through hassle of chasing other insurance company.

Allianz are saying if they succeed claiming off other insurance company my excess will be refunded and NCB unchanged so will see....

cpoh1

Theboinkmaster wrote: »

im very short on time so don't want to go through hassle of chasing other insurance company.

Allianz are saying if they succeed claiming off other insurance company my excess will be refunded and NCB unchanged so will see....

Very risky strategy, as others have mentioned. Go with the advise you were given and claim off the other persons insurance. If the car is driveable hold tight for the week or two it'll take to get it sorted. Its simply a phone call to start the process.

Theboinkmaster

Theboinkmaster wrote: »

im very short on time so don't want to go through hassle of chasing other insurance company.

Allianz are saying if they succeed claiming off other insurance company my excess will be refunded and NCB unchanged so will see....

Yeah, you'll get your excess back eventually. But, this could take years (potentially) for a final settlement, plus you may not get it back in part or in full if partially deemed to have been at fault. Your NCB could also be gone that long.

BTW, I was on the phone to their insurance company mere minutes and follow up with email. Car was repaired within days of giving them the go ahead to use their repairer.