Third party insurance not accepting liability

sherban

Hi

Last Saturday one lady change lanes and crushed into my car on the passenger side dor , by the time a got out to take photos she reversed small bit the car but still you can see her car crossing the midle line between lanes. To be more specific this happened at kinsale roundabout cork . N40 exit towards tunel .

There are 2 lanes , each of them with big arrows marking on the road , she was on the outside lane with the straight only arrow on the road and I was on the inside lane with the straight and right turn arrow marking .

I was going straight and she turned right crushing into my car .
Monday she called her insurance and said she doesn’t know who’s at fault , because of that her insurance said that there are not enough evidence ,even though I send them the photos , so they won’t do anything.

What should I do ?

ebbsy

Solicitor asap.

https://www.boards.ie/discussion/comment/122456435#Comment_122456435

Solicitor will do absolutely nothing but just waste the OP money.

It's OP word against hers and unfortunately you have no proof she veered into you

Unless she accepts liability most likely the liability will be split 50/50 and nothing you can do about it unfortunately

JohnC.

You don't mention your insurance. Have you contacted them at all?

CramCycle

She hit your car door, tell your insurance and tell them it was 100% her fault. The location which I presume she's admitted to, the directional lines, easy case, let them sort it out.

sherban

I have this option but I don’t want to do it because it might efect my no claim bonus

sherban

That’s what they said to me not enough evidence , and my girlfriend didn’t count as witness ….

sherban

my insurance told me I can make a claim with them , they will pay the damages and try to get the money back from other insurance but if they can’t get it back they can’t guarantee my no claim bonus won’t be affected

Avatar in the Post

To be fair, no one is supposed to admit liability, but leave it to the insurance companies. Some policies can be void if liability is admitted. Did you call the gardai? They may not have called to the scene if busy, but they will take your details.

Eoinbmw

You can expect a personal injury claim coming in any day now be warned as this other driver sounds unscrupulous!

Charles Babbage

Report it to Gardai and see if there are any traffic cams recorded.

sherban

You are probably right , because by the time I went down to take photos she already moved he car , she reversed the car few meters … unbelievable, how someone crashed into your car and you have to pay for damages alone .

Sono

https://www.boards.ie/discussion/comment/122457688#Comment_122457688

Couldn’t agree more, absolutely no need for a solicitor to deal with this matter. An added unnecessary expense.

Sono

https://www.boards.ie/discussion/comment/122458029#Comment_122458029

and that is exactly what you need to do, it’s out of your hands now, up to the insurance companies/investigators/assessors determine liability and go from there. A solicitor is useless in these cases.

Seth Brundle

https://www.boards.ie/discussion/comment/122458327#Comment_122458327

Is hers the white VW? If you (according to her side of the story) were supposed to have scraped her, how did she then end up in your lane?

Any chance of tracking down witnesses including the taxi driver behind you?

https://www.boards.ie/discussion/comment/122458040#Comment_122458040

The Garda have nothing to do with minor collisions it's a civil matter, they wouldn't come even if you rang them, nothing to do with them.

If ever there was an advertisement for front and rear dashcams this is it unfortunately.

In a situation like this and I assume it wasn't done the only hope you have is to go and ask the drivers behind if they saw it and ask for their phone numbers as witnesses.

I will say though it might not be joint liability if you were on the inside of the roundabout and this driver has hit your door on the outside, the picture you have would indicate they turned into you if that is the case.

.....

sherban

she was on the outside lane I was on the inside lane

Avatar in the Post

https://www.boards.ie/discussion/comment/122458524#Comment_122458524

it’s a few years back but when someone T boned me, no obvious injuries, they attended. It looks like there could have been traffic issues where the OP had their accident, so another possible reason for them to attend. Not 100% they will attend, not 100% they won’t.

https://www.boards.ie/discussion/comment/122458677#Comment_122458677

They don't attend. Some clown mowed me off my bike and they were called and said it was a civil matter

Even though it wasn't and one party had broken bones and required surgery they didn't want to know.

So not a chance they go out to a little scrape like this, even if they do it would make absolutely 0 difference

Lenar3556

https://www.boards.ie/discussion/comment/122458524#Comment_122458524

The material damage aspect is a civil one. However, there can often be a case of careless/dangerous driving which has given rise to the incident and this is a matter for Garda to investigate and prosecute where necessary.

A conviction for either of these criminal offences can be useful when it comes to determining liability

Lenar3556

https://www.boards.ie/discussion/comment/122458812#Comment_122458812

If someone is injured there is a statutory obligation to report the incident to Gardai.

Lenar3556

https://www.boards.ie/discussion/2058362565/third-party-insurance-not-accepting-liability

You could initiate a civil claim against the driver of the other car. This in itself may spur the insurers to settle as they will likely be responsible for the drivers defence costs, and ultimately will have to pick up the tab for any award.

Whether this is worthwhile or a good idea would require a careful examination of the evidence.

Avatar in the Post

https://www.boards.ie/discussion/comment/122458812#Comment_122458812

irrespective of your experience I will call the guards if someone crashes into me and hope they will again attend.

Whocare

https://www.boards.ie/discussion/comment/122458611#Comment_122458611

Happen all time there same with glanmire roundabout so much so I try and avoid inside lane now . But anyway it obvious going by pictures and road marking golf in wrong there insurance company knows it trying play hard ball I be going to Solicitor and get his opinion on it

delboythedub

https://www.boards.ie/discussion/2058362565/third-party-insurance-not-accepting-liability

Get yourself a dashcam, Hardwired

For anyone who hasn’t experienced the kinsale roundabout, it is one of the worst in the country, particularly if you are joining from the Turners Cross entrance, you have to cross 3 lanes to the inside, then back out again if you want to get off at Hanleys corner/airport exit. There are crashes there all the time because the lanes are confusing. I feel your pain op, it has happened to me, but the fact it is the front of her car and the side of yours, indicates she moved in to your lane when the space wasn’t there to do so.

Bass Reeves

https://www.boards.ie/discussion/comment/122457688#Comment_122457688

Ge has the photographs, a lot of solicitors will take this on a no foal no fee basis. Yes you are at risk of the other party's legal lists. It unlikely with the photos that the other insurance company will not settle because of the photos.

Yes a solicitor is an option to consider

CramCycle

https://www.boards.ie/discussion/comment/122459045#Comment_122459045

Or get your insurance to deal with it, write out what happened, make it clear, send it and photos in. Why would you add the cost of a solicitor considering no one is going to court. Make sure, in no uncertain terms they understand she drove into you and that it is not possible for you to be at fault based on where your car was hit and relative positions. She hit your passenger door, which unless you switched lanes in front of her, is her fault. Did she have an accompanying driver with her? Do you have photos of the damage (I can't see any in the photo above)? Did you get a phone number of the drivers directly behind you. Always a good idea.

Bass Reeves

https://www.boards.ie/discussion/comment/122459163#Comment_122459163

If you hand it over to your insurance company they can decide to settle the case in any manner they want. Yes in some cases they may settle the case in your favour however you have little say in the final settlement

Nigel Fairservice

https://www.boards.ie/discussion/comment/122459086#Comment_122459086

It's a shocking roundabout. I'm very familiar with what you're describing but it would be confusing to those who don't use it regularly or people visiting. You're nearly having to zig zag across across the roubdabout if you're coming from Turners Cross going to somewhere like Hanley's. The lane markings are terrible as well.

Padre_Pio

https://www.boards.ie/discussion/comment/122459086#Comment_122459086

One thing to say to the OP, never say to any insurance, or in court if it comes to it, that you know the roundabout is dangerous or poorly designed.

It puts more responsibility on you to be cautious on the roundabout.

mickdw

https://www.boards.ie/discussion/comment/122458327#Comment_122458327

Your car is in front and sitting perfectly within its lane. Her car being behind and changing lane would have to give way to you.

It could be a case that you drove at crazy speed versus the other driver and basically were overtaking her (whole remaining in your lane) but even so she was the one changing lanes as evidenced by the photo and must do so safely.

The position of the cars is an absolute slam dunk in my opinion. Very important photo you took.

I'd let the insurers at it. All should come out in your favour.

Avatar in the Post

https://www.boards.ie/discussion/comment/122459264#Comment_122459264

hopefully different ins companies!

endacl

https://www.boards.ie/discussion/comment/122459069#Comment_122459069

And a Time Machine?

Lenar3556

https://www.boards.ie/discussion/comment/122459163#Comment_122459163

You could certainly do that, and it is a common occurance.

But be aware that your insurance company will not necessarily represent your best interests. They will aim to settle the matter at the lowest cost and least risk to the insurer.

sherban

I didn’t take any phone numbers to anyone other then hers , didn’t know it will be so complicated .

based on this photos , her insurance said it’s not enough evidence …

Didn’t send them to my insurance because I’m afraid to make a claim , because if they can’t prove it was her fault , it might affect my no claim bonus , losing 3 years of my no claim even if it’s not my fault doesn’t sound good to me

sherban

no one else with her in the car , just posted few other photos

sherban

diferent yes

Whocare

https://www.boards.ie/discussion/comment/122459541#Comment_122459541

There playing hardball it obvious there in wrong you can see rub mark on golf tyre went turned into you as that did most of damage. If it was me solicitors letter to there insurance

I remember years ago my parked car was damaged but was on cctv anyway garda track them down got insurance details phone up there insurance got onto lovely girl told them what happened she was like no problem I contacted garda station just to confirm anyway few days later phone there insurance again a right sc_mbag of man on phone trying to Deny everything my customer he didn't hit it anyway . Day later phone them up again other lady on phone yes no problem were do want car to get fix

Whocare

This Proves wheels was turned went hit side of your car she was so st^pid I bet she thought she could go up airport road on outside lane . N plate and all on car she was clueless

CramCycle

https://www.boards.ie/discussion/comment/122459408#Comment_122459408

You are required to report it to them anyway, you can bring in a solicitor if you want but it won't actually do anything unless you are planning to sue them for personal injury. It could take time, money and inconvenience if they fight. Hopefully though, the other insurance company looks at the photo, she says something honest about her lane position, it is a no brainer. Presuming you are not looking for personal injury, just damages and costs born (rental while being repaired), then the insurance is the right way to go.

https://www.boards.ie/discussion/comment/122459522#Comment_122459522

You can't just contact her insurance and try to claim and not let your insurance know.

Obviously her insurance has said it's not enough evidence as they have to pay, this is why you let your insurance company deal with them

You need to immediately tell your insurance that you were hit and you are not making a claim (yet) but that you are trying to sort it out with her insurers rather than them doing it.

The damage to that car will cost way more than loosing you NCB. The premium should not skyrocket, it just means you will be tied to your current insurer for 5 years

sherban

did contacted my insurance right after incident , I’m on comprehensive so they did sent someone next day to inspect my car , just in case I want to make a claim , i was told that if i do claim with them I’ll send me back 3 years of my NCB . I don’t see that very good .. I rather fix it my self and take the loss .

https://www.boards.ie/discussion/comment/122460167#Comment_122460167

Good to hear you contacted them.

One of those doors is toast and needs to be fully replaced and the other is borderline repairable, even if you can get one from a scrapyard and have it resprayed etc you will still be talking probably 1500 quid to fix this damage.

The most economical option will be to just claim and stay with your current insurer. You pay insurance for a reason and it is unlikely your insurance premium will increase more than 1500 euro over the next 5 years because you make a claim on your policy.

Do you have NCB protection? If you do it's a no brainer to claim and even if you don't I still think it's the most economical option to claim

sherban

I have some sort of NCB protection , 1 claim = -3 years from my total years . The fact of paying for someone else’s mistake doesn’t sit right with me at all , but I guess it is what it is .

Nothing I can do about it

https://www.boards.ie/discussion/comment/122460328#Comment_122460328

Its bullshit. I was in a similar position earlier this year where this guy rolled back at traffic lights into my car.

I had no way to prove I didn't drive into him but he did the right thing and admitted he was at fault.

What did the other driver say to you? Did they even accept responsibility at the scene and apologise to you or did they try and blame you?

Seems like a particularly nasty individual to turn their car into the wrong lane and hit you and then not accept responsibility, unfortunate you happened to encounter an immoral scumbag like this

JohnC.

https://www.boards.ie/discussion/comment/122458812#Comment_122458812

It's not that clear cut to just say they don't attend. Frankly it probably depends on how busy they are or how the person on the phone is feeling that day. But they certainly can and do attend minor fender benders that I've seen even in the recent past while commuting.

https://www.boards.ie/discussion/comment/122460403#Comment_122460403

AFAIK they shouldn't attend unless someone is injured and if it's a minor fender bender there should be no traffic blocked.

You aren't supposed to call them for incidents like a fender bender, it's a waste of Garda resources.

Anyone who would call them in a situation clearly doesn't understand they have nothing to do with the result of an insurance claim for either side and them attending is a waste of time

sherban

She wasn’t talking at all , I told her we need to call insurance , she said ok , she tried to call but because was Saturday no one as there , so we exchange contacts . Them Monday she texted me letting me know she informed her insurance. That was it , after I caked my insurance , I give a call to her insurance just to check and I found out that she didn’t except liability, she told them she doesn’t know who’s at fault …. I was told from its open dispute and they will investigate and let me know. After few days I called them again to see what’s happening and they told me nothing it’s happening because they don’t have enough evidence .

Whocare

https://www.boards.ie/discussion/comment/122460419#Comment_122460419

They don't have have enough evidence it as clear as day she trying to go around the roundabout rub mark on just one side of tyre ie wheels were turned to right to go around the roundabout. Unreal your car in bits and there insurance is playing hard ball I never had much dealing with insurance but that just pure scum the way there playing it