Someone crashed into me today - question

Goose81

Hey lads,

Was at a set of traffic lights today and Santa Fe jeep in front suddenly puts his hazards on and his car just starts rolling back probably 4 feet and he hits into me.

He gets out and apologises saying sorry my clutch went (I don't know if he knows where his brake pedal is, must not)

He doesn't have his handbrake on so his car is just using mine as a stop

I take a picture from inside my car of his car backed right into me with it's hazards on, I then got out and took pictures of his discs and his tune changed and he says why are you taking pictures of my discs and I said because you hit me and he says no I didn't you drove into the back of me. I said you have to be taking the piss and he says could you not at least help me push the car in instead of taking pictures.

So I helped him push it in and then he apologised for his tone. We both went and looked at my car and there didn't seem any damage and he gave me his number but on a closer look there is damage.

I drove back around 30 mins later and got a picture of his car still pulled up waiting on a tow truck with his hazards on.

Say this guy refuses to pay if I text him, he may even have given me a fake number who knows..

How will the insurance company look at this, is it literally my word against his or does the fact he told me his clutch went and I have pic's of him waiting for a tow truck push anything in my favour?

I don't even want to risk calling my insurance in case they split the blame 50/50 and my no claims is gone

He has no details of my car at all.

I asked the woman behind me for her number but she just said oh I didn't see anything (absolute lie because she reversed 10 feet when he hit me) so I have no witnesses.

If i ring his insurance and tell them he hit me and I want to claim off his policy, do you think the fact I have pictures of him waiting for a breakdown with hazards on could come in my favour? i.e would they ask him for garage receipts of what damage was done to his car if he is claiming i drove into him.. then I would have caused this damage..

Thanks

User1998

He could be on the side of the road waiting for a recovery truck because you crashed into the back of him?

Send him a photo of the damage on Whatsapp and see if he will pay for it. At least that way you might get evidence of him taking the blame

Goose81

https://www.boards.ie/discussion/comment/121943019#Comment_121943019

Yeah I know but if he said that would his insurance company not demand receipts/evidence from him of what damage I did if I claimed against his policy

Dinging

Accidents happen and with any accident, you need to follow the protocol. I had a similar accident late last year going onto the M50 when a car in front rolled back into me at the lights. First, you notify your own insurance company, let them know you have an accident just in case the other guy tries to claim you hit him.

Contact him, say you want to get a quote for the repair of the damage. See what his reaction is and if he wants to do this through his insurance or directly with you.

Get a quote and send it to him. Give him 2 working days to send you the funds. If he sends the cash, case closed. Contact your insurance company and tell them to close this claim off.

The above is best case scenario. Fingers crossed this is how it works out for you.

Ted222

Report what happened in the local Garda station to have your version on record

Goose81

https://www.boards.ie/discussion/comment/121943033#Comment_121943033

That's all well and good but if he says I want to go through his insurance company thats potentially my NCB up in smoke if he tells his insurance I hit him and mine don't contest.

The loss of that exceeds the cost of repair, so that's a complete gamble

thebiglad

This is why we use dashcams - whatever the outcome of this - get one, you will never be left in this situation - it is not unheard of for a car to be deliberately reversed and then allege they were rear-ended.

As it is, it will be your word against his and his version has some credibility.

Hopefully if he only rolled into you then the damage is very minor and maybe you'll be able to live with it.

If, he is going to insist you went into the back of him, then without witnesses or CCTV/dashcam you'll struggle to get his insurer to pay out - before anyone starts with the typical insurers line, imagine roles reversed and your insurer settled a claim against you when you claim you were hit in the rear and the other drive alleges you rolled back...

It's a small thing but, can you at least demonstrate there was a sufficient hill there for a vehicle to roll back. It is very strange that he never applied handbrake or braked whilst rolling back into you - had he not been off on a tow truck I would thought he set you up.

Hope you get lucky OP and the other driver is decent, best of luck and, get that dashcam!

Goose81

https://www.boards.ie/discussion/comment/121943060#Comment_121943060

Buying one tomorrow morning mate

https://www.boards.ie/discussion/comment/121943056#Comment_121943056

If his transmission is faulty, causing him to roll back, why would he do that? I also presume neither of you have cameras installed front or back. If the repair quote is fair and not OTT why would t he settle with you for fear of losing his own NCB. If you both play fair there should be no issues. BTW what exactly is the damage to your car?

chrisd2019

https://www.boards.ie/discussion/2058343742/someone-crashed-into-me-today-question

Have you pics or videos of the other car. As it could help prove your innocence, as it very unusual for someone to drive into the back of someone and cause engine, transmission damage to the front vehicle. Did he tell you why he needs to tow the vehicle away after pushing it to the side?

Goose81

https://www.boards.ie/discussion/comment/121943100#Comment_121943100

Because the second he saw me taking pictures of his disks his story changed from "apologies, I am sorry my clutch went" to aggressively saying "you drove into the back of me"

Absolute dirtbag move to pull

The lip at the bottom of the bumper has taken a knock and is creased a bit, same place a diffuser would be. No paint damage but the crease is there, also I think from a glance it's broken screws and brackets off the underside but would need to jack it up to confirm. Also one of the parking sensors has been displaced

TheW1zard

Text him and if he doesn't play ball claim. As said above try and get him to admit fault on the text.

Let the insurance companies argue about it

thebiglad

https://www.boards.ie/discussion/comment/121943223#Comment_121943223

And what exactly will the argument be - 2 office based handlers both stating their policyholder's version of events, both of which are credible.

If, the claim is pursued and therefore an assessor has to be sent to look at either car's damage then, that's a cost and there goes NCB - have to balance up the risks against pursuing it -see what the other driver's position is going to be 1st.

Then, and it is hard, put yourself in his insurance company's position - arguing you hit him in the rear with damage and circumstances 99.9% of time supporting that outcome - how do you expect to convince them of your version if he decides to fabricate.

Mentioned earlier about showing car had a transmission issue, even if that could be proven it doesn't necessarily follow that the car would roll back - playing devil's advocate I could argue my clutch failed as I was about to pull off and you didn't react, expecting me to be moving and drove into the back of me - again, a credible possibility.

This all comes down to the other driver doing to decent thing and sorting you out - putting it to the insurers isn't going to get you anywhere - just a loss of NCB

Goose81

https://www.boards.ie/discussion/comment/121943223#Comment_121943223

Thanks

If ever there was an argument in favour of getting a dashcam, I was only looking at one last week. Absolutely raging

thebiglad

https://www.boards.ie/discussion/comment/121943345#Comment_121943345

Your situation is not great but, it could be a lot worse, get that dash cam!

One incident covers the cost.

AndrewJRenko

https://www.boards.ie/discussion/comment/121943040#Comment_121943040

Nothing to do with Gardai, just a minor civil dispute.

kirving

https://www.boards.ie/discussion/comment/121943519#Comment_121943519

They'll still take a statement, and check whether the other driver was legally on the road. There's also the obvious potential for insurance fraud here.

@Goose81 Given that his tone changed, he absolutely has your details, even if you didn't notice him clock your reg. Write down everything while it's fresh in your memory, and inform your own insurance company tomorrow morning as your policy obliges you to do, as they need to be in a position to defend the inevitable counter claim from the other driver.

If you don't, and in 6 months time he claims for injury, your insurance company could refuse to pay as you haven't given them a fair opportunity to fight the case with all available evidence.

Goose81

https://www.boards.ie/discussion/comment/121943577#Comment_121943577

He absolutely doesn't have my details, old chap was frazzled to within an inch of his life tbh, he could barely talk once I had helped him push his car into the side of the road.

Sure he didn't even have the wherewithal to apply his handbrake.

I was only thinking if I had been on my motorbike my folks could have been getting a call from the hospital this evening, what an utter clown, this guy shouldn't be on the road doesn't even know where his brake pedal is

Goose81

https://www.boards.ie/discussion/comment/121943519#Comment_121943519

Another unhelpful input from you, not sure why you even look at this forum or comment.

I went into the Garda, they said to go back tomorrow to them if I want to make a statement that the insurers might request it if I notify them. So regardless of it being a civil matter a statement may have to be made of required by insurance

Goose81

https://www.boards.ie/discussion/comment/121943169#Comment_121943169

I have about 10 pictures.

the car wouldn't drive and I had to help him push it to the side of the road and it was still there 30 mins later makes me believe him when he says his clutch is gone

kirving

https://www.boards.ie/discussion/comment/121943642#Comment_121943642

Ah ok fair enough.

Was he elderly, or in a fit state to be driving at all? Did he genuinely forget that he rolled back?

FishOnABike

Would any pictures you took show any headlight or tail light or other debris on the road? The positions of the cars relative to debris (if any) would indicate who rolled into who and in what direction.

Goose81

https://www.boards.ie/discussion/comment/121943942#Comment_121943942

No, there was no debris man. It was a very mild tip. All the pictures just show his car up against mine

Not trying to exaggerate anything here, the damage to my car is very minimal but damaged it is.

The thing that annoys me more to pursue this is the fact he tried to claim I drove into him after initially admitting his fault.

Goose81

https://www.boards.ie/discussion/comment/121943785#Comment_121943785

He was the same age as my dad, I would say mid to late 60's.

He appeared to be in a fit state but the fact he kept saying to me his clutch went and that seemed to be justification for him not pushing on his brake pedal is worrying.

I can understand the electric handbrake completely if the car has one but he had enough cop on to put his hazards on but yet didn't push his brake pedal and slowly crash into me...

I text him there asking what he wants to do , will let you all know.

I would have probably let it go if he hadn't been a cheeky dishonest prick about it

MaxSublime

If the guy refuses to pay, having pictures of his car backed into yours with hazards on could support your claim with his insurance. It might strengthen your case, especially if he's claiming you drove into him. Insurance companies often consider evidence like this in determining fault.

Goose81

https://www.boards.ie/discussion/comment/121944073#Comment_121944073

Thanks mate

I think the big takeaway here is everyone needs a dashcam, some absolute pricks out there.

I genuinely couldn't believe it when he literally goes from apologising and admitting fault to 10 seconds later when I was taking pics of his discs saying I drove into him, maybe I am nieve but I never thought anyone could be so dishonest

Johnwayne98

The sight of his hazards coming on and then rolling back into you sets off alarm bells straight away. Clearly no accident but deliberate intent on his part.

Dashcam is the only way to go, otherwise look to local businesses whose cctv may cover the area in which this dreadful event took place. Report the matter to the guards and this may give you some weight in recovering any relevant cctv footage.

I wish you well and hope that you will be proven right and you'll get the cost of your repairs back.

AndrewJRenko

https://www.boards.ie/discussion/comment/121943577#Comment_121943577

Unless you're reporting the other driver for a particular traffic offence, I really don't think it's anything to do with the Gardai.

They've a lot better things to be doing with their time than getting involved in a minor civil dispute.

https://www.boards.ie/discussion/comment/121943650#Comment_121943650

Unless there's a condition in your policy saying that you have to give a statement to Gardai every time you're involved in a collision, then there's no obligation or expectation to do so. Your average Garda behind the desk isn't an expert in dealing with civil insurance claims. It's not their job.

beachhead

Make a statement to the guards asap. He will be doing the same.The guards will check him out and ask him to produce -won't help you. Bring your own insurance and licence with you to station.He will definitely have your reg. His putting on his hazards is his way of saying I saw you coming and you didn't stop. Tell your insurance.

lau1247

depending on where the incident took place, maybe there is a traffic cam nearby or shops, no harm checking.

Eggs For Dinner

Please take my advice and notify your insurers "for record purposes". This has the potential to turn very messy if you receive a solicitors letter in 6 months time alleging you rear ended the TP , who now has injuries. Your insurers can claim breach of contract for not notifying them and refuse to provide you with indemnity. This means they can cite that your failure to allow them investigate the incident promptly has prejudiced their position. In the event that they make a payment to the TP, they can pursue you personally to recover the full amount