Car claim which Insurance?

Andriusha122

Hello, first time posting here.

I got into a car crash on Thursday, I was turning right green light while the other car was coming in straight being in the opposite way traffic way. Which she acknowledged. Crash happened about 30km/h. She hit me straight into the wheel so the fender is dented bit off bumper damage, but the wheel is dented inwards and it’s touching the front shocks and the tyres scrapping bumper.

Garda took statements and details of both, as this happend 100 meter off a garda station if you would believe it. They said we need to sort it out amoung ourselves now. I got a quote for the damages at a garage. Sent it to her she said she needs to check her damage as well I said okay as I need my car fixed asap as it’s not drivable, she only has bumper damage. The next day she texted me saying it’s my fault and I shouldn’t have been in the junction? And that she needs to get a price for her bumper.

Anyways I wanted to ask who’s insurance do I contact as I do not want to loose my no claims for something that’s not my fault. Thank you

Rows Grower

Check your insurance contract, it'll more than likely say you are obliged to report it to youe insurance company asap.

thebiglad

https://www.boards.ie/discussion/comment/121480112#Comment_121480112

Question 1, do you have comprehensive cover - if you don't then your insurance company will not be involved in repairs to your car, they are there to deal with any claims made against you.

The insurers require notification of all claims as they want to be able to gather information or investigate whilst it is fresh, you'd be suprised how often versions change when the fault party gets home and talks to family/friends, and sometimes correctly - people can feel the need to apologies and accept blame at the stress of a collision.

From the circumstances you give I can see opportunity for a change of heart which may at best delay your claim progressing against the other insurance company.

I would suggest contact the other driver again, ask them are they accepting blame and advising their insurance company accordingly - if so, then you can contact their insurance company and make a claim directly - depending on who they are they'll either ask you to get a couple of repair quotes and submit them or invite you to take the car to their approved network for repair.

Regardless, it will be slower than claiming against your own policy (if you are comp), paying your excess (which if/when you recover proves non-fault and will get NCB reinstated/unaffected).

Suggest if comp, claim on own policy and put your effort into recovering the excess when paid and any out of pocket expenses you'll have.

Nigzcurran

You had a green arrow for your right turn or just a normal green light?

Andriusha122

https://www.boards.ie/discussion/comment/121480191#Comment_121480191

I have Comprehensive yes.

https://www.boards.ie/discussion/comment/121480198#Comment_121480198

And there is two lanes one is straight one is right turn but just one green for both lanes so no right turn green arrow.

HeidiHeidi

Sounds like you needed to yield to oncoming traffic tbh.

Rows Grower

https://www.boards.ie/discussion/comment/121480191#Comment_121480191

There is just too much wrong with this post for me.

I'm out, best of luck OP.

Andriusha122

https://www.boards.ie/discussion/comment/121480224#Comment_121480224

Yield to oncoming traffic at a junction with traffic lights when I had a green and she had a red?

HeidiHeidi

Do you know that she didn't have a green also? That would be the more usual scenario, if you didn't have a green filter light.

And even if you did, you can't just pull across in front of someone.

It's sounding more and more like one that the insurance companies will decide between themselves as to levels of liability.

BabysCoffee

You need to notify your insurance of an accident straightaway

Allinall

https://www.boards.ie/discussion/comment/121480264#Comment_121480264

How do o you know she had a red?

If you had a full green (not an arrow), that would imply there was a green light for traffic coming towards you.

In that case you would be at fault.

Andriusha122

https://www.boards.ie/discussion/comment/121480301#Comment_121480301

https://www.boards.ie/discussion/comment/121480275#Comment_121480275

How would that make sense if that one green is for turning and going straight, and where she is coming from she can only go straight. So you’re telling me people going straight where I am coming from have to stop and give way also ? So it wouldn’t make sense in anyway for her light to be green. And there was also a bus waiting where at the light where she was, but he wasn’t going because it was red but she decided to over take the bus going into opposite side of traffic. But thank you for the input guys :)

callaway92

I think we need to clarify on the junction. Can you give the address or location so we can look on street view?

That would clear out 80% of the nonsense posts

I’m wary of noting your name and that you may have only lived here a short time, so I don’t want to jump to a conclusion of you making a mistake at the junction etc.

Andriusha122

I have attached a photo, if possible. I marked myself as white her as red and green where the impact happened.

I’m most certain I’m in the right here, but now knowing the exact location can some confirm or am I missing something that I don’t know

AndrewJRenko

https://www.boards.ie/discussion/comment/121480409#Comment_121480409

You didn't say that the other driver was coming from your right. You gave the impression that the other driver was coming straight towards you.

If the other driver was coming from your right, then yes, they would have had a red light when you had a green light.

Check local businesses to see if they have CCTV that covers the junction.

If you claim off your insurance, you WILL lose your no claims bonus. It's a no claim bonus, not a no blame bonus.

You could decide to claim directly off her insurance, but this can be a bit tricky, unless you have some experience in this area.

Eggs For Dinner

https://www.boards.ie/discussion/comment/121480259#Comment_121480259

It's the best advice

Sono

https://www.boards.ie/discussion/comment/121480409#Comment_121480409

You’re 1million percent in the wrong

callaway92

https://www.boards.ie/discussion/comment/121480602#Comment_121480602

Only 1 of them can be right and one wrong.

Kinda makes sense for the other driver to be wrong because if traffic in OP’s direction in the left lane were going straight, the traffic coming from the right could hardly fecking go could they?

It’s cut-and-dry one is wrong and one is right, but I’m not sure how you’re concluding the OP is ‘1million percent’ wrong as you put it.

Where the collision happened the person coming from the right shouldn’t have even been there. It’s a blocked area for traffic turning right. As the OP said earlier, a truck was in the one designated lane coming from the right and the car she collided with was brazen. That’s how I interpret it.

Andriusha122

https://www.boards.ie/discussion/comment/121480621#Comment_121480621

Correct

Juwwi

Take a trip back down and check the traffic lights for yourself , when your side is green you'll have enough time to walk around and check her lights , l'd say she is in the wrong tho

Presuming her side is red when yours is green suggest to her that she does the same and goes back to check the lights

Sono

https://www.boards.ie/discussion/comment/121480621#Comment_121480621

editing my post here as I’ve looked at this aerial photo again and I’m totally confused.

let your insurance company know though and let them deal with it

callaway92

https://www.boards.ie/discussion/comment/121481031#Comment_121481031

What? The only option for cars coming from the right is to go straight (no right or left turn)

The cars coming from the right can hardly go straight if the OP’s direction of traffic has a green light - which it sounds like she did.

locohobo

If I read this correct then she is at fault as she was on wrong side of road having overtaken traffic on the single lane R835 thus going against traffic flow... https://www.google.com/maps/@53.3563708,-6.4499003,3a,75y,318.52h,84.5t/data=!3m7!1e1!3m5!1sU6n0ak9R1lDmqjUOuEyCmg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DU6n0ak9R1lDmqjUOuEyCmg%26cb_client%3Dmaps_sv.tactile.gps%26w%3D203%26h%3D100%26yaw%3D348.01282%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?entry=ttu

callaway92

https://www.boards.ie/discussion/comment/121481051#Comment_121481051

OP would be the maroon people carrier there. Car she collided with wouldve been entering that stripey zone wrongly overtaking someone in the normal lane as she noted

OP sounds like she’s in the right here

locohobo

https://www.boards.ie/discussion/comment/121481063#Comment_121481063

Assuming you refer to Andriusha122 as she then yes op is in the right....

locohobo

op... Best get copy of Garda report as they surely must have noted at what point in the junction the impact occurred... Makes me wonder as to why the garda did not charge her with illegal overtaking and driving on wrong side of road at least...

callaway92

https://www.boards.ie/discussion/comment/121481098#Comment_121481098

Yes

alias no.9

The sequence of lights at this junction would have had all other lights red when the OP had green.

Ginger83

https://www.boards.ie/discussion/comment/121480409#Comment_121480409

If the point of impact was where you marked it would suggest the other driver was on the wrong side of the road.

If you had a green light it would suggest the other driver proceeded through a red light.

Without evidence everything is heresay. Do you have a dash cam?

locohobo

https://www.boards.ie/discussion/comment/121481151#Comment_121481151

Thats why I say to get the Garda report as that should include position of cars unless the cars were moved before Garda arrived on scene..

mk7r

https://www.boards.ie/discussion/comment/121481184#Comment_121481184

You are not even supposed to call the gardai unless there are injuries or someones property is damaged who is not present. The gardai wont come out and mark the road for a fender bender.... you are meant to clear the road immediately, pull over somewhere safe and swap details, not leave the cars where they are in the middle of the road.

Andriusha122

https://www.boards.ie/discussion/comment/121481151#Comment_121481151

The in impact happened exactly where I marked it, and have a photo while our cars are still at the impact spot. Garda was present since I said at the start garda station is right there so went in and got someone to do a report. I said my said if the story, said it’s green. They took a statement of her not sure what she said but I heard her saying she didint know she can’t be in that lane. Anyways I just need profs from CCTV as she is claiming it was green for her.

Kimbot

Whaty you need to do is inform your insurance of the crash and give her insurance details over to your insurance company and they will sort it out. If its that junction in lucan then OP you are right and the other person is in the wrong and it would be fairly quick to sort that out.

Eggs For Dinner

What either party says at the scene, with regard to liability, carries very little weight. You are both deemed to be in a state of shock.

kirk.

Isn't it in some policy documents "not to admit liability"

ThreeGreens

I know that junction well.

Note that the road that the OP is coming from is one way. So both lanes are heading "up" the photo (which is actually south.. so the image must be rotated).

When these lanes have green, all other lights at this junction are red.

If it happened as the OP described, then the other driver is definitely in the wrong.

Andriusha122

https://www.boards.ie/discussion/comment/121482526#Comment_121482526

That’s correct, it’s obvious it’s her fault she was arguing saying her light was green.

Rang the insurance company today they will sort it. Went to look for CCTV from one of the business, said they can’t give me in without Garda present. But he looked and told me that infact her light was red and was on the opposite way of traffic. So it’s looking good for my way.

But since she is not admitting that it’s her fault so the insurance have to investigate unless I take a claim out against my own policy, but I will wait till they investigate, and claim off hers.

BornSkippy

https://www.boards.ie/discussion/comment/121482909#Comment_121482909

Ask them to save and set aside the CCTV footage, so it is not overwritten automatically within 28 days or whatever loop the system works on.

You can make a DSAR request for the footage if you're in it.

https://www.dataprotection.ie/sites/default/files/uploads/2019-10/FAQ%20Guide%20to%20Data%20Subject%20Access%20Requests_Oct19.pdf

standardg60

https://www.boards.ie/discussion/comment/121481891#Comment_121481891

'didnt know she couldn't be in that Lane'🙄

Looks like she gunned it around the bus when the light was turning red and was too late. Should be an open and shut case with the Garda report, which fortunately you got.

locohobo

. It would be best for the op to contact the garda that took their statements and ask him to obtain the footage from the premises that told the op they had it and it showed that other driver was in the wrong....

locohobo

https://www.boards.ie/discussion/comment/121482909#Comment_121482909

Then op contact the Garda that took your statement and ask him to obtain that footage... Looks like it gone from an ordinary prang....

Eggs For Dinner

https://www.boards.ie/discussion/comment/121484923#Comment_121484923

It's not fraud if the other driver genuinely believes they are in the right. They may be mistaken in that belief, but it doesn't mean there is malicious intent. Now, accusing someone of fraud, without evidence, that's a whole different matter

locohobo

Ok.. See your point...Have edited to remove...

DJ5831

I was in a similar sort of crash on a roundabout not too long ago. The third party was at fault, but seemingly did not want to admit so to the insurers.

At the scene of the crash, I called my insurer (Axa) and they came and towed my car as it was undriveable. I received an email from them confirming I had reported an accident but as I was only notifying them and not claiming from my policy, it would not affect my NCB. Axa told me I could a) do nothing with them and sort everything with FBD or b) Claim from my own fully comp and if/when FBD pay out, the comp claim would be removed from my record

The next day I called the third party's insurer (FBD) and explained what had happened, and then they contacted the third party car's policyholder (the person driving the other car was not the registered owner nor the policyholder, despite telling me they were). FBD decided that day, based on both drivers accounts of what happened, that the other driver was at fault. FBD then approved a hire car for me through Enterprise. They assessed my car which had a damaged bumper, headlight, wheel, wing, bonnet and presumably other suspension/steering components (His 161 micra went 40km/h into the front left of my stationary 10 Audi A4) and deemed it a total loss and after some phone calls, we agreed on a value. This was interesting, they didn't take my car and pay me the value, they actually found a garage who offered me salvage value for it, and then they paid me the difference, so I "sold" the car to the garage even without ever communicating with them or seeing the car again, and they did a bank transfer for the salvage too.

I've confirmed with Axa that at renewal time, my NCB and future premiums will be unaffected and that they don't require that this be declared on quotes I get as there were no claims on my own policy. (HOWEVER, most insurers seem to still want you declare non-fault accidents and this can lead to premium increases, it seems to just be Axa that don't care)

So if I was in your position, I'd just contact your insurer and notify them and inform you don't want to claim at this time, then contact their insurer and give them your account of what happened along with any dashcam/cctv footage if available. They will either determine their driver was at fault and pay out for your claim, or they could say you were at fault and reject your claim. If this happens, you can then go back and tell your own insurer you want to claim from your own policy for your car to be repaired, this will lose your NCB and raise your premiums, especially if the other driver successfully claims from your policy for the damage on their car.