Car crash

JonasBlane

I recently crashed my car into a large Tree on a main road at nite..The car is a right off . .I met with guards at the scene .They have cleared me of any blame how will this progress ?....

hurikane

JonasBlane wrote: »

I recently crashed my car into a large Tree on a main road at nite..The car is a right off . .I met with guards at the scene .They have cleared me of any blame how will this progress ?....

How is that possible? Did the tree fall on the car?

ForestFire

hurikane wrote: »

How is that possible? Did the tree fall on the car?

I presume OP means any blame related to anything illegal, like no insurance, no alcohol, nothing wrong with car, ntc, tyres etc., was not deemed to be speeding or involved in dangerous driving.....

.... And therefore it's classed as a simple accident.

Or you were right!!

the tree "almost" fall on the car?

(see next posts) :-)

JonasBlane

I was travelling on the road.Came around a bend .Large tree was in the road straight across both lanes...Had nowhere else to go.I breaked slowed the car down.but still crashed into it.Impacketed with the tree at roughly 30 km

Vestiapx

JonasBlane wrote: »

I recently crashed my car into a large Tree on a main road at nite..The car is a right off . .I met with guards at the scene .They have cleared me of any blame how will this progress ?....

How much is the car worth?

JonasBlane

Everthing on the car was legal.I got Breathalised at the scene ..No Excessive speed.Had full tax Nct.Insurance.Tyres on the car Were decent thread Dept

JonasBlane

3000

bee06

Have you contacted your insurance company?

Vestiapx

Who called the guards ? I assume you were alone in the car. I assume you won't be claiming on your insurance

JonasBlane

Yes i have done that But i just want some advoice on how this will progress....

JonasBlane

I had passengers they are both claiming...im Considering my options at the moment. .Im pretty banged up..

Vestiapx

JonasBlane wrote: »

Yes i have done that But i just want some advoice on how this will progress....

Well if you claim you will lose your no claims bonus unless it's prot cted. If you can show its someone's fault there was a tree in the road you could possibly claim off them. It's hard to tell really.

JonasBlane

I contacted the guards.And waited at the scene for them

Vestiapx

JonasBlane wrote: »

I had passengers they are both claiming...im Considering my options at the moment. .Im pretty banged up..

Oh, your passages will claim off you, they will get loads of money and your insurance will go up unless you can show it was someone's fault there was a tree in the road. Who tree is it?

And you can't claim for personal injury only for a new car if it was insured fully comp.

JonasBlane

Who is responsible for the tree ?..Both my passengers are claiming off my insurance...

Vestiapx

JonasBlane wrote: »

I contacted the guards.And waited at the scene for them

Yeah with passengers that's 100% what you should do.
They will claim and they should claim. Don't fall out with them over it if it can be helped.

JonasBlane

Honestly we are lucky to be alive.Its a genuine accident ...

Padre_Pio

JonasBlane wrote: »

Who is responsible for the tree ?..Both my passengers are claiming off my insurance...

No one. You hit a stationary object on the road.

Vestiapx

OSI wrote: »

Nothing else will really happen from the Gards perspective. Your passengers, and possibly you, will lodge a claim with the insurance company and likely receive some form of compensation. You'll lose your No Claims Bonus and receive a loading on your insurance going forward for having a claim against you.

Can you claim personal Injury for the driver on some policy's, I did not know that.

JonasBlane

No i dont think that will.happen.But just wanted to know what my options are..my passengers will claim off my insurance.how do i progress ?...

punisher5112

The claim will go against you and as personal injury from both passengers it's going to be expensive.

You have no say, no input etc into whether they claim or not or amount, they will be paid off Asin most cases and if they really want to do well they will get a solicitor to work on their behalf.

Your no claims if any will be wiped unless protected and even with that premium will shoot up at renewal.

Most when renewal or new policy ask any claims in last 5 years.

Do you have fully comp? If yes you may also claim as it will make no difference as they'll be claiming anyway

Wildly Boaring

Hi OP

We had a write off last year.
Wife driving and at fault but that only slowed the last couple weeks down.

They will send an assessor to look at the car.
Assessor will report back to insurance company.
This took 2 weeks.
They will not admit the car is a write off till this report states it.

If you agree and there are no other matters to settle they will issue you a check.
They will take the car away and whatever money they receive for that is there's.
Cheque took approx 6 weeks to reach us.

We got a final letter from insurer after 4 months with settlement details but last 3 weeks were agreeing with other party.

Wife's insurance premium increased by €600 but she got 3 points for incidence.

So say €300 or approx 50% of previous premium, she had step back.

JonasBlane

What are my options if i had 3 rd party insurance ?

Stihl waters

JonasBlane wrote: »

What are my options if i had 3 rd party insurance ?

You don't get paid for your car and your passengers get paid for their injuries

punisher5112

JonasBlane wrote: »

What are my options if i had 3 rd party insurance ?

Nothing.... You sick up cost of car yourself.

You have basic cover which covers any third party such as pedestrian, other vehicles, occupants of other vehicles, etc

JonasBlane

Who do i say is responsible for the tree been in the road ?.Its not like anyone is goin to own up to ownin the tree

Vestiapx

JonasBlane wrote: »

What are my options if i had 3 rd party insurance ?

None really. Get a cheap car, find someone to sue for leaving their tree in the road. Don't fall out with your passengers when they claim off you.

punisher5112

JonasBlane wrote: »

Who do i say is responsible for the tree been in the road ?.Its not like anyone is goin to own up to ownin the tree

Is it public land? Private land?

Act of God sort of thing, weather etc can have all sorts of exemptions to policies

JonasBlane

I met the assesser.Gave him my story of events no problems

Vestiapx

JonasBlane wrote: »

Who do i say is responsible for the tree been in the road ?.Its not like anyone is goin to own up to ownin the tree

It's got to be someone's tree, why was it able to fall in the road.

Read this

https://moloneysolicitors.ie/legal-liability-for-fallen-trees-continues-to-be-uncertain/

JonasBlane

Well the tree was on a main road ....who is responsible for keeping the roads safe ?.

JonasBlane

If it was private land ?

Stihl waters

JonasBlane wrote: »

Well the tree was on a main road ....who is responsible for keeping the roads safe ?.

Find out who owns the tree, engage a solicitor and take them to court, let us know how you get on

Wildly Boaring

The landowner. BUT only if they can be found negligent.

JonasBlane

What are my options if the person owns the land doesnt have any insurance ?.Or just denys that he owns the land.. ( Thats not my tree )

phildub

I mean thats the risk you take when you get third party insurance, there are exactly the types of scenarios that people take out comprehensive to cover.

But I see you are envious that your friends are going to make money off this and you can't, why don't you speak to a solicitor about suing the County Council (assuming they were in control of the road) and they might have breached their duty of care by allowing the tree to remain on the road. You can also find out who owns the land and sue them, id sue both and let the courts decide who's more to blame.

highdef

What are the passengers claiming against you? Not a great time to have an accident with taxi demand already not great these days.

Wildly Boaring

Anyway you have 3rd party, fire and theft.

On the next few weeks your insurers will only engage with you to get your story.

If your car is a write off you need to buy a new one. You will have an open claim so no other insurer will touch you.
You'll have to take whatever premium you get from you r insurer. You will lose your NCB or a percentage of it based on your protection.

Your insurer can then only wait for your 3rd parties to claim.
They might leave your claim open, snookering you, until they get confirmation from your third parties that they won't claim.
If your 3rd parties are claiming then the claim remains open until sorted.

phildub

JonasBlane wrote: »

What are my options if the person owns the land doesnt have any insurance ?.Or just denys that he owns the land.. ( Thats not my tree )

If the land is registered then they can't deny it and its not really about who owns it, more about who is in control of it, such as a tenant farmer etc.

Land might not be insured which is why suing the council ( as I stated in earlier post) aswell as occupier of land would be a better bet. According to a recent supreme Court decision even if the council are found 10% and the occupiers of land found 90% you can still claim for 100% from the council if occupier has no way of paying

JonasBlane

Been completly honest i had a head on with a tree..i went to hostpital got a x ray .Got told i injured a disc.....im not ambulance chasing

Vestiapx

OSI wrote: »

Unless you can prove the were negligent in the care and maintenance of the tree, no one.

That's not how it works, the tree clearly fell. Was there a storm or wa it on its last legs for ages. Have a look on Google maps and see what the tree looks like there. Need to act fast tho the tree owner will have chopped up the tree and might even have pulled the stump. It's all a grey area don't let anyone tell you otherwise.

JonasBlane

To be fair they are both banged up....both have wiplash.the front passenger has facial injuries.The mirror hit him in the head on impact

phildub

JonasBlane wrote: »

Been completly honest i had a head on with a tree..i went to hostpital got a x ray .Got told i injured a disc.....im not ambulance chasing

What do you mean when you say been completely honest I had a head on with a tree? That seems to me like the tree was exactly where it was supposed to be and you crashed into it? Was the tree on the road or not?

And I sympathise with you, I am suffering from a slipped disc 1.5 years later and still claim has not been settled (I was passenger)

JonasBlane

I got someone out there And got photos.....The next day the tree stump had vanished ?

JonasBlane

No the tree was Straight across the road blocking it. Both lanes . I came around a bend and hit it...Not a case of me me crashing into a ditch..

phildub

JonasBlane wrote: »

I got someone out there And got photos.....The next day the tree stump had vanished ?

But you have a garda witness that a tree was on the road, what did the garda do at the scene, was anyone called to remove the tree?

JonasBlane

No the tree was Straight across the road blocking it. Both lanes . I came around a bend and hit it...Not a case of me me crashing into a ditch..

phildub

JonasBlane wrote: »

No the tree was Straight across the road blocking it. Both lanes . I came around a bend and hit it...Not a case of me me crashing into a ditch..

Ok well as your insurance company is not an option the only avenue you have in damages is to find and sue land owner so I would contact a solicitor first thing tomorrow

Let us know how it goes

JonasBlane

Yes i called guards to scene... Met.them to give a accident report. few days ltr.The tree had to be removed by fire Dept.. they Cut it up and removed it

Atlantic Dawn

Might help to have a look on Google Street View to establish what the tree in question was like pre accident and where it was located.

Have a look on Landdirect.ie to establish the owner of the land it was on, costs €5.

NSAman

were you five kilometers from the house?

Why were you travelling during a pandemic?

Failing that let the insurance handle it all... that is why we all have insurance.