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.