car accident

billcullen1

My friend was in a car accident. The car in the other late took a sharp turn left to turn left from the other lane, damaging the right hand side and front bummer. The other party admitted fault verbally at the scene.The garda dealt with the issue and said that the other party was paying of it. The guards took her car to a storage yard as it couldn’t be driven. She contacted the guards and sought clarification. She asked for a copy of the guard report, it was forthcoming initially then a few weeks later, she received it.
Now she went through there insurance company, the insurance company is stating its 50/50. They are saying she drove up the inside. She is very annoyed with the whole situation. She sought attention.

nuac

MOD
She should consult her own solicitor as Boards.ie do not give legal advice.
Leaving open for general discussion subject to forum rules

punisher5112

The car changed lanes and it doesn't matter if she was in motion in her lane....

Definitely be fighting this.

I've had a few similar in work and twice in the car where they tried to pull a fast one and screw me over.... Sorry 3 one was in a pajero and 2 different Octavia.


Solicitor I have worked wonders and has contacts in insurance so can deal directly, I couldn't have found one better.


Definitely a solicitor job now and have no more dealing with the insurance yourself.

KeithTS

punisher5112 wrote: »

The car changed lanes and it doesn't matter if she was in motion in her lane....

What is she was undertaking? I reckon there could be a dispute in the case that she was travelling faster than the car on her right.

antodeco

KeithTS wrote: »

What is she was undertaking? I reckon there could be a dispute in the case that she was travelling faster than the car on her right.

Yes but if the car in the right lane was turning left, they shouldn't have been in the right lane.

RobAMerc

KeithTS wrote: »

What is she was undertaking? I reckon there could be a dispute in the case that she was travelling faster than the car on her right.

Which in certain situations she is entitled to do !
It is still the responsibility of the person making the maneuver to make sure the lane is clear..

JimsAlterEgo

it may not be cut and dry, was there a merge from the right lane just before the turn, e.g. where a bus lanes ends or something similar.

KeithTS

KeithTS wrote: »

What is she was undertaking? I reckon there could be a dispute in the case that she was travelling faster than the car on her right.

The first question I was asked in my test was "When is it okay to overtake on the left?". It is a legally permissible move in plenty of situations. What is not allowed, legally, is to move into a lane that is already occupied by another vehicle or to change lanes without due care for anybody already in that lane, even if their lane is ending due to turning into a bus lane, as has been pointed out above.

It is on both parties to prove their version and, without a dashcam, it turns into 'he said/she said' nonsense. The way insurance is set up in this country, they love to apportion blame to both sides so they can a) eliminate both of your no claims bonuses and b) nail you both when it comes time for renewal. Pack of scumbags running a cartel is what they are.

@OP: Did your friend take any pics or videos of the scene? Some sort of evidence to prove they were in the lane and the other person crashed into them? Either way, need a decent solicitor.

Eggs For Dinner

Unfortunately, the truth is what you can prove, nothing else. Insurers (the cartel in layman's language) don't make the rules, they operate within the laws developed over the years through legal precedent

billcullen1

Eggs For Dinner wrote: »

Unfortunately, the truth is what you can prove, nothing else. Insurers (the cartel in layman's language) don't make the rules, they operate within the laws developed over the years through legal precedent

So based on what you said would you accept 50/50 or challenge. By the way what does no foal no fee mean ?

punisher5112

KeithTS wrote: »

What is she was undertaking? I reckon there could be a dispute in the case that she was travelling faster than the car on her right.

Left lane is priority,

Would want to be going done speed ..

Whoever changes lane it's on them

Eggs For Dinner

billcullen1 wrote: »

So based on what you said would you accept 50/50 or challenge. By the way what does no foal no fee mean ?

It's not for you to accept. Under your insurance contract, the insurer retains full control to settle a claim as they deem appropriate in the best interest of their policyholder. It has to be like that, otherwise a policyholder who believes they are 100% in the right (probably are 100% in the right) would let the legal bills rack up when the end result is that neither party can prove their case and it would end up 50/50 in court for many multiples the original cost of the damage.

Unfortunately, you can't challenge it and your solicitor will advise you accordingly

billcullen1

Eggs For Dinner wrote: »

It's not for you to accept. Under your insurance contract, the insurer retains full control to settle a claim as they deem appropriate in the best interest of their policyholder. It has to be like that, otherwise a policyholder who believes they are 100% in the right (probably are 100% in the right) would let the legal bills rack up when the end result is that neither party can prove their case and it would end up 50/50 in court for many multiples the original cost of the damage.

Unfortunately, you can't challenge it and your solicitor will advise you accordingly

her insurer is doing nothing. There insurer offered 50/50. Solicitor is bringing it to high court am confused ?

punisher5112

billcullen1 wrote: »

her insurer is doing nothing. There insurer offered 50/50. Solicitor is bringing it to high court am confused ?

That's his job.., insurance is pulling a fast one

Eggs For Dinner

billcullen1 wrote: »

her insurer is doing nothing. There insurer offered 50/50. Solicitor is bringing it to high court am confused ?

Who's solicitor is bringing it to the High Court??

Caranica

Are both parties insured with the same insurance company? If so it's unlikely that they'll change from 50/50. Been there, bought the t-shirt.

However if insured with different companies there's some hope. Also been there alas. Similar to op, other party admitted fault at the side of the road. They pleaded with me not to go through insurance. I needed to go through insurance as I was worried about mechanical damage and as soon as I did, they lodged a claim against me. Insurance companies wanted to go 50/50 but I pointed out that the damage on my car could only have been caused by the other driver's actions so an independent assessor was brought in and they did a comprehensive report and my company finally backed me. Got my money (I'd had to pay the excess) and NCB back.

billcullen1

Y

billcullen1

billcullen1 wrote: »

y

billcullen1

billcullen1 wrote: »

My friend was in a car accident. Y

billcullen1

billcullen1 wrote: »

n

hullaballoo

I presume this is the boards equivalent of pocket dialing.

billcullen1

What is the role of a garda in an accident ?

punisher5112

billcullen1 wrote: »

What is the role of a garda in an accident ?

To ascertain if it warrants and penalty such as fine or court and if not they just make sure particular are exchanged and that cars are road legal, the last one isn't even always checked.

They tend to look for all involved to produce within 10days.

Lantus

Happened to someone I know. Car was indicating left but on right side. Insurance found in favour of other party so 50/50 seems good!

Chicoso

As this insurance investigator said to me

Sometimes people just assume they were wrong.but may not be the case

Eggs For Dinner

Chicoso wrote: »

As this insurance investigator said to me

Sometimes people just assume they were wrong.but may not be the case

Fully agree. However, the converse is more prevalent and harder to get people to accept