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aaarrrggggg help

  • 10-08-2005 2:11pm
    #1
    Closed Accounts Posts: 7


    okay yesterday i was driving home and as i was about to turn into my house (country road) a guy coming round a bend at speed smacked into me, the gardai were called and they said it was a 50/50 as i was in the middle of the road even though its a small country road. I drive a 01 Bora and the whole front of it is in bits like w shape and also the radiator is burst. what i want to know is how much do you reckon (roughly) it would cost me to get it fixed as i dont want to go through insurance.

    His sh*tty little ford fiesta 90 only had a small dent and broken light


Comments

  • Registered Users, Registered Users 2 Posts: 5,994 ✭✭✭ambro25


    So much about tough VWs, eh? :D

    Only joking - feel very sorry for you, really, as a 50/50 must feel pretty much like [beeeeeeeeeeeeeeeeep] without lube.

    I won't hazard a €-figure, but have you considered that it may turn out to be more expensive to sort it privately (especially if you need to de-stress the frame itself) than what the 'extra' in insurance premium for losing some of your NCB would cost you? :confused:


  • Registered Users, Registered Users 2 Posts: 51,363 ✭✭✭✭bazz26


    okay yesterday i was driving home and as i was about to turn into my house (country road) a guy coming round a bend at speed smacked into me, the gardai were called and they said it was a 50/50 as i was in the middle of the road even though its a small country road. I drive a 01 Bora and the whole front of it is in bits like w shape and also the radiator is burst. what i want to know is how much do you reckon (roughly) it would cost me to get it fixed as i dont want to go through insurance.

    His sh*tty little ford fiesta 90 only had a small dent and broken light

    Sorry to hear about this but asking us how much it costs is like asking how long is a piece of string.

    Best thing to do is bring it to a professional crash repair centre and they will give you an estimate of how much it costs to put right. Bring it to more than one place to compare prices. A main dealer will probably charge you the most.


  • Banned (with Prison Access) Posts: 201 ✭✭Rodney Trotter


    ................................. the gardai were called and they said it was a 50/50 as i was in the middle of the road even though its a small country road.................................

    Don't accept the opinion (that's all it is) of a lazy Garda. They cannot make such a call and sounds like they just wanted to wash their hands of the situation. There's nothing stopping you suing the Fiesta driver for all your damage. Normally, then, your and his Insurance companies will determine the liability.


    If a crash ends up 50:50, then each driver must pay for the other's damage, i.e. he must repair your car and visa versa.


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Don't accept the opinion (that's all it is) of a lazy Garda. They cannot make such a call and sounds like they just wanted to wash their hands of the situation. There's nothing stopping you suing the Fiesta driver for all your damage. Normally, then, your and his Insurance companies will determine the liability.

    Would the insurance company not take the word of a Guard as something to go by - at least an indication of who was at fault? And, to me, it sounds like he was right, not being lazy. I don't think you have any real basis to make remarks like that from what little information is in the original post.

    Still, I do agree with trying to claim on the other drivers insurance if you think it may be worth your while. First of all, get a quote for your car so you know where you're at.

    Also, check your policy though to see if you have NCB protection - normally up to 2 or 3K. This may cover the damage done, and not affect your premium.
    If a crash ends up 50:50, then each driver must pay for the other's damage, i.e. he must repair your car and visa versa.

    So if a fiesta and ferrari were in a 50/50 crash, the fiesta driver would have to pay to get the ferrari fixed? I am not sure about this, I think in a 50:50 you just pay your own damages.


  • Registered Users, Registered Users 2 Posts: 2,280 ✭✭✭commited


    I thought in a 50/50 the insurance companies calculted the total cost of the claim and split it in half.


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  • Banned (with Prison Access) Posts: 201 ✭✭Rodney Trotter


    The reason for each party paying the other party's claim is both cars are expected to have 3rd part Insurance cover, (also both parties will then be caught for loss of NCB.) Should one party not have Comprehensive, and someone else was at fault (even less than 100%), he should be compensated for his loss.

    Insurance co.s will not take the "word" of a Garda. Would you? I wouldn't. It has no binding force in law.

    The Garda's job is to instigate the necessary prosecution in such an incident, and is mandatory is the event of injury. Should a prosecution follow then the decision of the Court will determine liability. Otherwise it's up to the Ins Co. assessors to arbritrate and negotiate a settlement.

    Best of luck, BTW, but remember it's only a car.


  • Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    Yep,

    Insurance companies will decide blame themselves based on information submitted by both parties. Garda was more concerned if either broke a road law.

    From the sounds of the damage, you are in the region of several thousand euros to repair your car. So, I would claim on insurance, and let them decide who is liable.

    Regardless, sorry to hear about your car, and I hope it all works out.


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Insurance co.s will not take the "word" of a Garda. Would you? I wouldn't. It has no binding force in law.

    The Garda's job is to instigate the necessary prosecution in such an incident, and is mandatory is the event of injury. Should a prosecution follow then the decision of the Court will determine liability. Otherwise it's up to the Ins Co. assessors to arbritrate and negotiate a settlement.

    Unless there are witnesses, then the Garda is the only impartial party, and an officer of the law. So yes, I would take his word ahead of the other parties.


  • Banned (with Prison Access) Posts: 201 ✭✭Rodney Trotter


    BUt, eoin, the Garda is not a witness?

    Insurance companies will not stand by any confessions made by people at the scene of an accident. Anything the Garda might have taken down is irrelevent, especially as he's too lazy to instigate a prosecution. Officer of the Law he may be but he is not allowed determine blame or administer Justice.

    The correct procedure now is for the OP to contact his Insurance company and state he wants to make a claim against the other party. He will then have to submit an Accident Report Form, following receipt of which his Ins Co will decide if there's a case for the claim.

    The other party will be asked for his version of events, following which arbritation between the 2 Ins Companies will decide the proportion of blame. Should there be noi resolution then the case will go to court. As it's the Insurance co making the claim, it will not cost the Insured anything extra to go this far.

    Downside is a loss of NCB and, being Ireland, the fact you were in an accident will mean no other company will touch you for 5 years (With or without NCB protection.)

    Do contact your insurance company. Who's to say the other party will not develope whiplash and be looking for €20k? If he does, and you have not informed your Ins Co., they could walk away and leave you without cover.


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    Best of luck, BTW, but remember it's only a car.
    Indeed, the a$$hole could have been driving something that would have killed you. Really sorry to hear about your troubles though-such a pain. :(

    To those who jest about VW toughness, they're as tough as anything else on the road these days, modern cars are supposed to collapse the area outside of the passenger cabin in a collision-to save your a$$ and sacrifice the car. I personally think this is a pretty good idea! :D


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  • Closed Accounts Posts: 418 ✭✭saobh_ie


    The Gardaí no longer get involved in vechile collisions, that Garda should have just said he won't comment instead of fifty fifty nonsense.

    You were turning into property, you manouvered when the road was clear, there was nothing coming the other way and I assume there wasn't any road markings or signs prohibiting you from making that manouver.

    Then a vechile drives around a blind corner at a speed and runs into you.

    The one overriding obligation of vechile operators is to be be able to stop in the distance that they see to be clear on thier own side of the road. He wasn't, he took a leap into the unknown coming around that corner. That's easily careless driving, dangerous driving at worst.

    A friend of mine was walking home down a smilar lane one night after a night out and a taxi driver came pelting around the bend and my friend had to drag his girlfriend into a bush... errr... yeah... to avoid being run over. hehe

    You will most likley win your costs when you claim against the guys insurance company. If he disputes it however it will take a decade or two unfortunatly, but in the mean time, you know where he lives...

    Why do people do that, hand over thier addresse's after an accident. It's insane.

    And Muph, your NCAP car will only collaspe if another NCAP hits it, head on with a preNCAP car your car will be like a hot knife through butter.


  • Closed Accounts Posts: 317 ✭✭stag39


    report it to your insurance.....!!! to touch on what saobh_ie said....what if a family were walking down the road with kids instaed of you....what would the guards say then...!!!!!!!

    i hope you have the fiesta drivers details...!!!

    best of luck with it all... and hope everything turns up rosy for you!!


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    saobh_ie wrote:
    And Muph, your NCAP car will only collaspe if another NCAP hits it, head on with a preNCAP car your car will be like a hot knife through butter.
    What? I assume when you say NCAP, you mean a vehicle with crumple zones seeing as many modern cars have miserably low NCAP scores even though they have crumple zones?, in which case both cars (assuming head on collision) with crumple zones will crumple, but a car with crumple zones hitting another car without them will also crumple, while the non-crumple zone equipped car will not crumple*

    *Obviously there will be a degree of deformation in any collision, but not deformation by design (crumple) which absorbs significant amounts of the energy, resulting in less energy affecting the vehicle occupants.

    I've seen pictures of head on collisions where both vehicles looked ok, but where both drivers died because although the cars decellerated from 60-0 in an instant, the occupants and the brains inside their skulls, did not.


  • Registered Users, Registered Users 2 Posts: 5,994 ✭✭✭ambro25


    His sh*tty little ford fiesta 90 only had a small dent and broken light

    @Pokerireland - just a thought in passing: it wasn't in/around D16 last night at about 5:40-ish or thereabouts, was it?

    Because I had a full-blown, size-A, pure grad @sshole in a sh*tty little black Fiesta (3 'big' lads, late 20s) behind my car for a while and I was terrified ('takes a lot, btw) as the man was driving like an absolute lunatic - as in, about 5 ins from my back bumper @50 kph, locking back wheels everytime he hit the brakes, etc, etc... If it was and you need some 'circumstancial' evidence, pm me ;)


  • Closed Accounts Posts: 473 ✭✭528i


    This accident happened on a small country road, but if you're still adamant on framing those people you had delayed at a walking pace yesterday evening, at least learn how to spell the word 'circumstantial' first.

    Lots of conjecture and blatantly incorrect assertions regarding 50:50 blame, untrustworthy Garda, older cars having safer NCAP ratings etc. 90% of contributions thus far have been made by 13yrs olds who have absolutely no idea what they're talking about mr. thread starter.

    At a minimum that car will cost €2,500 to fix, even by a disreputable backyard chancer.


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    528i wrote:
    ....people you had delayed at a walking pace....
    Hmmmm, he says was travelling at 50km/h in a built up area, seems pretty sensible to me seeing as that was likely the speed limit an' all. Have you heard the british tv road safety campaign slogan, "it's thirty for a reason"? The reason being that hitting a child at 30 mph (~50km/h) and they are 75% likely to survive but hit them at 40 mph and they are 75% likely to die. "Delayed" you say? :rolleyes:


  • Closed Accounts Posts: 1,237 ✭✭✭AMurphy


    okay yesterday i was driving home and as I was about to turn into my house (country road) a guy coming round a bend at speed smacked into me, ....

    His sh*tty little ford fiesta 90 only had a small dent and broken light

    I wouldn't settle for 50/50 verdict either.

    You say the other car was at speed, excessive speed I'll assume. how come the guard did not determine this?.
    Any skid marks, if so, how long, good indicator as to the actual speed
    Did the cop note these, if not he needs a kick in the butt and wake up.

    I'll assume that the exit is on the turn, so dangerous by design. Any road signs to that effect. Excessive speed + disregarding signs is not paying attention to ones driving.

    Is the other party familiar with this road or a one time passer by. If s/he knows the area and road, then he should have known better regarding the dangers of the junction/exit in question.

    byw, I nearly got t-boned at an exit on the inside of a turn on a narrow country road. Someone going too fast in a Range Rover, even for the straight sections of the same road. I had to use the same exit every day and it scared the daylights out of me, even before the incident, as I could see how dangerous it could be. Fortunately, I had taken to accelerating out of there like a bat out of hell, so I just got my tail across the road and out of the way.

    Still it gives you an appreciation of how the irish gov and County Co's are letting drivers swing in the breeze and forcing increased driving costs upon the general driving public. It does not take a whole lot to remove obstructions.


  • Registered Users, Registered Users 2 Posts: 5,994 ✭✭✭ambro25


    528i wrote:
    This accident happened on a small country road, but if you're still adamant on framing those people you had delayed at a walking pace yesterday evening, at least learn how to spell the word 'circumstantial' first.

    Ahhh, Mister 528i, troller extraordinaire, what more to expect I ask you... :rolleyes:

    You obviously don't get around much D16 in your Panzer, for you would know that a fair few roads in the not-so-built-up areas of this particular portion of Dublin may indeed be considered "small country roads" (which I understand as about two-cars wide with a couple of inches to spare, and no road markings).

    I did not offer to frame anyone, nor ever would (although I would make a notable exception -to confirm the rule, naturally- for you 528i :D ), merely enquired as to whether the downright dangerous driver, who happened to be driving very erratically in a 90-D black Fiesta last night, could have been the person involved, in which case I would be more than happy to provide an affidavit to the OP for he to do as he pleases in his situation, rather than engage in a fruitless phone-a-ton with report-a-528i...sorry, TrafficWatch.

    I do not ordinarily drive anywhere @ 50 kph and have the points history and metal plates to prove the point, if I ever needed to (can't see why)... That is, unless some eejit behind me is driving so erratically that -putting 17 years of international driving and a few hundreds of thousands of miles later behind me- I'll get right down to the limit and drive as smoothly/defensively and therefore very predictably for that eejit to not rear-end my car.

    If that (driving adapted to circumstances) and 50 kph constitutes 'walking pace and delaying (scumb@gs)' for you 528i, well... you're just my kind of Beemer driver :D

    Judging from a fair few of your earlier posts, though, I do understand how your much-less-than-friendly attitude towards any other road users than yourself can fuel your trolls and generate such poor posts' content... and I commiserate.

    Sincerely yours,
    ambro25


  • Closed Accounts Posts: 7 pokerireland


    AMurphy wrote:
    I wouldn't settle for 50/50 verdict either.

    You say the other car was at speed, excessive speed I'll assume. how come the guard did not determine this?.
    Any skid marks, if so, how long, good indicator as to the actual speed
    Did the cop note these, if not he needs a kick in the butt and wake up.

    I'll assume that the exit is on the turn, so dangerous by design. Any road signs to that effect. Excessive speed + disregarding signs is not paying attention to ones driving.

    Is the other party familiar with this road or a one time passer by. If s/he knows the area and road, then he should have known better regarding the dangers of the junction/exit in question.

    byw, I nearly got t-boned at an exit on the inside of a turn on a narrow country road. Someone going too fast in a Range Rover, even for the straight sections of the same road. I had to use the same exit every day and it scared the daylights out of me, even before the incident, as I could see how dangerous it could be. Fortunately, I had taken to accelerating out of there like a bat out of hell, so I just got my tail across the road and out of the way.

    Still it gives you an appreciation of how the irish gov and County Co's are letting drivers swing in the breeze and forcing increased driving costs upon the general driving public. It does not take a whole lot to remove obstructions.

    yes the skid marks were measured at 40ft with the bend being about 60ft from the crash point, when the garda were called i thought this would be focal point but the garda really seemed to side with the other fella and made the point of my position on the road about ten times while not once commenting on his speed.

    another poster remarked that if it were a kid standing there (not unlikely) they would have been killed. This is the point i made to the garda but he fobbed me off, this really annoyed me as there's loads of kids around here incuding my own little sister ...btw i got a qoute and its not as bad as i originally thought. i need a new bumper, grill and radiator and was told it would be around the €1000 mark


  • Closed Accounts Posts: 473 ✭✭528i


    another poster remarked that if it were a kid standing there (not unlikely) they would have been killed. This is the point i made to the garda but he fobbed me off, this really annoyed me as there's loads of kids around here incuding my own little sister ...

    so your sister usually stands the middle of the road ?

    I'd have to side with the expert opinion of the gardai in this matter.

    ps. you really put the effort into that post ambro, if you concentrated even half as much on being courteous to other road users we wouldn't be having this conversation.


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  • Closed Accounts Posts: 8,264 ✭✭✭RicardoSmith


    Rodney Trotter - has it correct, ignore the rest.

    Despite the fact I was T-Boned and stationary when hit, when I had an accident and it was judged 50/50 I had to pay my own costs. Not each others. Guard tried to make out it was my fault, (mate of the OP) but I laid down the law to the insurance company and they had to get an assessor in to determine blame. I got mine fixed myself, about 2K's worth, but in the end I wished I just gone through the insurance, as they screwed around my premium anyway. At least if I'd made them pay for the repair I could have justified the increased premiums.


  • Closed Accounts Posts: 1,237 ✭✭✭AMurphy


    yes the skid marks were measured at 40ft with the bend being about 60ft from the crash point, when the garda were called i thought this would be focal point but the garda really seemed to side with the other fella and made the point of my position on the road about ten times while not once commenting on his speed.

    .......

    40 Ft?. Generated some tyre smoke I presume?. Whenever I skid here, 10-15ft, I get lots of burning rubber smoke.
    What was the surface, billard table smooth blacktop & wet or a good grippy type of surface & dry, or loose grit after the annual Loose Chips application by the local Co. Co.
    Tyres on the other car, (slicks like mine) or good grippers (like I should have).

    Anyway, all of you take your car out in such conditions and try generate a 40ft skidmark see how fast you have to be going and report back.
    Based on my vehicle and dry concrete, that would require a slam on at 40+mph and I'd say closer to 50~60mph about here. But your roads & weather are different.

    btw, it was generally accepted that a driver in a skid was not "in control of the vehicle". Might want to re-check that item.
    True you may have been on teh wrong side of the road, how many times do we encounter objects on the opposite side of the road.
    You could have come to sudden halt while traveling in the same direction as the car that hit you, maybe to stop for one of those kids you speak of...
    Or the road may be close to stopped to take a turn cause the road is too narrow to turn from the correct lane.
    So if you were rear ended or stopped facing correctly, how would it differ. What speed were you doing anyway?.
    I presume you were on the ourside of a turn, (larger radius), taking a left turn into a concealed driveway, or were you on the blind inside of a sharp turn?.

    Get some (good) professional advice. I think you have a better case than you think, no matter what the cop says.
    but then again, I have read some (I think) crazy verdicts in the papers, so I'd expect anything.


  • Registered Users, Registered Users 2 Posts: 5,994 ✭✭✭ambro25


    528i wrote:
    ps. you really put the effort into that post ambro,

    Why, thank you. Always nice to know the effort's been appreciated. :)
    528i wrote:
    if you concentrated even half as much on being courteous to other road users we wouldn't be having this conversation

    and that would stem from...? :confused:


  • Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    Sounds to me like the Guard new the fiesta driver!

    A 40 foot skid mark!!!!! Either he was belting it, or his tyres were bald, either of which puts the blame on him.


    @528i, Maybe he meant his sister could have been in the process of crossing the road! I am trying to decide if you really are a troll, or if you are just a bit, em, simple.


  • Closed Accounts Posts: 7 pokerireland


    prospect wrote:
    Sounds to me like the Guard new the fiesta driver!

    A 40 foot skid mark!!!!! Either he was belting it, or his tyres were bald, either of which puts the blame on him.


    @528i, Maybe he meant his sister could have been in the process of crossing the road! I am trying to decide if you really are a troll, or if you are just a bit, em, simple.

    I know i couldn't believe it the way he sided with him so much. one more question i rang the fiesta driver today and he says his damage will total to €1500, so i suggested he might be better off buying a new car (he wants to send me the bill). Is not silly to spend 1500 doing up a 90 fiesta which is surely worth less than that??


  • Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    `@ pokerireland,

    seriously, I would ring my insurance company right now and let them look after it.
    They will do thier absoloute best to avoid paying his damages, and they are more experienced in these matters than you or any of us.


  • Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    Actually, considering the evidence given so far:

    You say the distance from the bend to the point of impact was 60feet. This is equal to 18.3 meters.
    You also stated it was a small country road. So from stopped position, you would require about 3 seconds, at the absoloute maximum, to cross over. But you state he hit the front of your car, so at most you could have only been 1 third of the way across the road, i.e. 1 second.
    So, if the fiesta wasn't in sight when you began the manouvre, he would have had to be travelling at 65.9kmh, (not accounting for the fact he was slowing down for 12.2m).

    So at the very least, you could prove that the fiesta was travelling in excess of 15Kmh over the legal speed limit on that road.


  • Closed Accounts Posts: 473 ✭✭528i


    the fiesta had to slow down for the corner, fiestas arent fast, theres no way he could have accelerated back over the speed limit again in 18meters. sounds like our subject saw him coming and decided to cross over anyway. mere speculation as I say, but the word of a garda at the scene means more than that of a layman (who allows children play in the middle of the road)

    case closed.


  • Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    528i wrote:
    the fiesta had to slow down for the corner, fiestas arent fast, theres no way he could have accelerated back over the speed limit again in 18meters. sounds like our subject saw him coming and decided to cross over anyway.

    Well if this is the case, then the OP is completely in the wrong, regardless of the spped the fiesta was travelling.

    Although, it could have been a long sweeping bend, that did not require the fiesta to slow down below his 65Kmh speed. Also, seeing as this was a country road, the hedges could have been overgrown (as this is currently the season you cannot cut hedges (i think)) and this would have impeded the view...

    We need some feedback from the OP.


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  • Registered Users, Registered Users 2 Posts: 2,907 ✭✭✭LostinBlanch


    You have to think carefully about the whole situation. The OP could very well be putting in a claim against you anyway, claiming for whiplash etc. Do not believe everything he says.

    My aulfella had someone crash into his (legally) parked van, she would have driven away but for a guard who saw the whole thing. Anyway she was sweet as pie to the aulfella and paid for the damage etc. But when he went to renew his insurance for the next year, she had claimed against him and was paid by his insurance company! He only managed to get it sorted out by going back to the guard and explaining what had happened and getting the insurance company to contact him as a witness.

    So be careful. I'm not saying that you should go to your insurance company but be aware that he may be doing so and you mightn't know until it is too late. He may have people advising him to do this, you never know.

    Anyway good luck with it.


  • Closed Accounts Posts: 1,237 ✭✭✭AMurphy


    re the actions of the cop; Would it not be appropriate s/he generates a report of the facts, not speculation and not a verdict. That is for a judge or ombudsman to decide should it come to that.

    Seems biased and unprofessional to me. Located in Donegal perhaps?.


  • Closed Accounts Posts: 473 ✭✭528i


    stop picking holes in my case :D


  • Closed Accounts Posts: 7 pokerireland


    prospect wrote:
    Well if this is the case, then the OP is completely in the wrong, regardless of the spped the fiesta was travelling.

    Although, it could have been a long sweeping bend, that did not require the fiesta to slow down below his 65Kmh speed. Also, seeing as this was a country road, the hedges could have been overgrown (as this is currently the season you cannot cut hedges (i think)) and this would have impeded the view...

    We need some feedback from the OP.

    no didnt try and cross, i thought about it but didnt move as i seen him come around the bend and decided to wait thinking he'd slow down. im not sure i'm explainging the situation properly but how can he come round and bend and not be able to stop for another 50/60 ft. someone else mentionend him claiming whiplash, to be honest he didnt strike me as that kind of person but if he did id probably break his neck to clarify!!


  • Closed Accounts Posts: 1,237 ✭✭✭AMurphy


    528i wrote:
    stop picking holes in my case :D

    how can one possibly pick holes in something as airtight as a sieve. :rolleyes:


  • Registered Users, Registered Users 2 Posts: 5,994 ✭✭✭ambro25


    okay yesterday i was driving home and as i was about to turn into my house (country road) a guy coming round a bend at speed smacked into me, the gardai were called and they said it was a 50/50 as i was in the middle of the road even though its a small country road. I drive a 01 Bora and the whole front of it is in bits like w shape and also the radiator is burst. what i want to know is how much do you reckon (roughly) it would cost me to get it fixed as i dont want to go through insurance.
    no didnt try and cross, i thought about it but didnt move as i seen him come around the bend and decided to wait thinking he'd slow down. im not sure i'm explainging the situation properly but how can he come round and bend and not be able to stop for another 50/60 ft. someone else mentionend him claiming whiplash, to be honest he didnt strike me as that kind of person but if he did id probably break his neck to clarify!!

    Erm... not wanting to p*ss on your hush puppies, here, but please clarify. Looks to me like you were constituting an obstruction/hazard :confused:
    Fair enough, the Fiesta guy should still have been in control his vehicle and managed to stop before impacting you, but it looks (in my crystal ball) like the 50/50 is warranted, from the above :(


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  • Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    no didnt try and cross, i thought about it but didnt move as i seen him come around the bend and decided to wait

    So was the outside of your drivers side tyres left of what could be reasonably be assumed as centre of the road? Did the fiesta cross over the centre of the road and hit your car, which was stationary on the correct side?

    or

    Had you already come to a stop, but to the right of the centre of the road, and then expect the fiesta to manouvre around you?

    In the first instance, you are 100% in the right.
    In the second case, it could be considered 50:50, you should not have been positioned soo far over, and the fiesta should not have been driving at a speed that inhibited him avoiding an obstruction.

    Having said that, isn't there some rule about a person being committed to a road position and gaining right of way?


  • Closed Accounts Posts: 7 pokerireland


    prospect wrote:
    So was the outside of your drivers side tyres left of what could be reasonably be assumed as centre of the road? Did the fiesta cross over the centre of the road and hit your car, which was stationary on the correct side?

    or

    Had you already come to a stop, but to the right of the centre of the road, and then expect the fiesta to manouvre around you?

    In the first instance, you are 100% in the right.
    In the second case, it could be considered 50:50, you should not have been positioned soo far over, and the fiesta should not have been driving at a speed that inhibited him avoiding an obstruction.

    Having said that, isn't there some rule about a person being committed to a road position and gaining right of way?

    Yes my driver side tyres were to the left of the road but in fairness he didnt cross over its just a narrow part of the road (his right hand side light hit the centre of my car). I called him yesterday and told him my damage was €1200 and he got back to me today and said his was €2800 now considering he smacked into me and my car was much worse off im beginning to think he's a bit of a joker especially since he was driving a 90 fiesta which i found out doesnt even have a book value anymore and is probably worth €300 max


  • Registered Users, Registered Users 2 Posts: 5,994 ✭✭✭ambro25


    TBH PokerIreland, it's increasingly sounding to me like you're gonna let yourself into a right old bag of knots if you don't let your insurer sort the matter out for you...

    ...and that's all I'm gonna post in this thread for now, as I'm not really sure what kind of info/advice you're after anymore, other than commiseration.


  • Closed Accounts Posts: 8,264 ✭✭✭RicardoSmith


    Yes my driver side tyres were to the left of the road but in fairness he didnt cross over its just a narrow part of the road (his right hand side light hit the centre of my car). I called him yesterday and told him my damage was €1200 and he got back to me today and said his was €2800 now considering he smacked into me and my car was much worse off im beginning to think he's a bit of a joker especially since he was driving a 90 fiesta which i found out doesnt even have a book value anymore and is probably worth €300 max

    I had the same problem with some joker. Hit me with his banger. T-Boned me as I was waiting to turn right into a road he was coming out of. He never saw me just came straight out. Though it was his fault, I wanted to just play my own damage and avoid going near the insurance, as I knew liability would be hard if not impossible to prove, because I thought it was obviously his fault, we moved our cars (huge mistake I know, I know). Damage was about 300 on his, about 1000 on mine. He had an old banger worth about 500 max mine was worth 5-6k. The Guard at the seen seem to know him, and seemed to convince him that it was my fault, even though I was stopped at the time, and he crossed to my side. So the moron insisted it was my fault (conviced by the guard) and made a claim for thousands. He even got the guard to talk to my insurance company to say it was my fault. He used to ring the insurance comapny every day for months trying to get money out of them. He used to ring me on a regular basis and stop me on the road. I got a solictors letter to stop all that though.

    However, after lighting a rocket under the insurance company, giving them photos of the scene, damage of the cars, and quoting the law to them they did the right thing and got their ascessor or to look at it. He said it was 50/50 which it was fair since it was hard to prove with no witnesses (Guards don't count, neither does their opinion) and we'd moved the cars.

    I saw the moron fixing his own car, the only thing he got out of it was higher premiums, and my premiums went up aswell, I didn't get the car fixed, as it was further damaged by someone robbing it a couple of months later and I just traded it on a scrappage deal.

    Your guy sounds eaxctly the same kind of moron. €2800 for a fiesta. Whats he smoking....

    The marks on the road will be the most incriminating. Make sure you have photos of them. An off duty guard hit my old mans car can tried to claim it was his fault, even sending the boys around to the house the a "chat". He told the to F off. :D But the photos of hugh skid marks, crossing the center line told their own story in court. He was probably drunk but did they breathalyze him? Of course not.


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