Reversing out of your drive way...

hypermuse · 06-10-2011 11:06AM #1

Hello fellow boardsies,

Was hoping get some advice.. was cycling down the Clonskeagh road (Ranelagh to Clonskeagh) and a driver was reversing out his driveway and BANG.. off to hospital I go, concussed and fractured wrist.

As far as I've been told, its illegal to reverse outa your driveway??? this is true right?

More importantly, I'm a postgraduate student with no health insurance or medical card etc so should I be expecting a bill from the hospital (St. Vincents) or what??
I required an ambulance, x-ray, CT scan, arm cast and a consultant/prof saw me for a bout a min..

I am in no way shape or form wanting to sue the driver for as much as I can get (dont believe in that mentality).. Just to cover costs charged to me and maybe new glasses as my ones are fecked!

Thanks for your help ppl! I'm just looking for info and insight as I'm very ill-informed of these circumstances

Also I dunno if this is the correct spot of not, if not could a mod please move it to an appropriate forum. Kthxbi

louise5754 · 06-10-2011 11:09AM

Were you cycling on the road or footpath?

Jaxxy · 06-10-2011 11:11AM

Isn't it just the A&E fee you have to pay?

force eleven · 06-10-2011 11:11AM

Never heard that it's illegal to reverse out of your driveway, but it sure is illegal to go through a red light - which a LOT of cyclists do...:mad:

Anyway OP, not directed at you...

the groutch · 06-10-2011 11:13AM

you were on the road, so you had the right of way, sue that mutha f**ka

Jaxxy · 06-10-2011 11:13AM

force eleven wrote: »

Never heard that it's illegal to reverse out of your driveway, but it sure is illegal to go through a red light - which a LOT of cyclists do...:mad:

Anyway OP, not directed at you...

I've never heard of that either tbh.

mathie · 06-10-2011 11:13AM

louise5754 wrote: »

Were you cycling on the road or footpath?

On a bike.

Faolchu · 06-10-2011 11:14AM

if you where on the road or in a cycle lane you sould have right of way and i assume he should have yeilded to you.

CreepingDeath · 06-10-2011 11:14AM

hypermuse wrote: »

As far as I've been told, its illegal to reverse outa your driveway??? this is true right?

No, of course you can reverse out of your driveway, but you have to do it with due care.

If you were on the main road, you had right of way.
The motorist is in the wrong.

But if he was half pulled out, and you couldn't be arsed to stop and let him out, and you cycled behind him, then that's a different story I imagine.

Leeg17 · 06-10-2011 11:14AM

F*ck sorry to hear that mate, the **** should have been watching for people on the footpath whether it's illegal to reverse out or not...!

SeaFields · 06-10-2011 11:15AM

Its not illegal to reverse out of the driveway but it is to reverse into someone.

Driver has insurance for such matters - make sure your costs are covered. Keeps receipts etc.

SEPT 23 1989 · 06-10-2011 11:18AM

Any damage on the car?

Caveman1 · 06-10-2011 11:18AM

If your gonna claim for hospital expenses and new glasses the driver will more than likely have to claim it off there insurance so ya might aswell bang in an injury claim too, a nice couple of grand for your troubles

louise5754 · 06-10-2011 11:19AM

mathie wrote: »

On a bike.

Touchè.:p

seamus · 06-10-2011 11:19AM

Yes it's illegal to reverse from any minor road onto a major one. This technically includes reversing from your driveway onto the main road.

In any case, the person who is reversing is required to give way to all traffic at all times including pedestrians and cyclists. The driver is completely at fault.

Don't feel bad about claiming money from the driver and/or their insurance. They are the ones who have made the mistake, you are entitled to be compensated for all losses, including all medical bills, the cost of checking over and repairing your bike (get this done, drop it into the bike shop in UCD, today), any damage to your personal effects, and compensation for any college time lost, if appropriate. Think about all associated costs. You've fractured your wrist, so presumably now you'll need to take the bus for the next two months. You're entitled to claim that cost too.

It's far too easy in your head to say, "Ah I don't want to cause a fuss", but if you don't do this at the start, then you're the one who could be out of pocket over this. Don't accept a cheaper option in the hospital, don't accept cheaper replacements for your glasses or any bike repairs. You are completely and utterly entitled to be fully compensated for your losses. We're often far too soft about asserting our rights in this regard.

Go the Garda station closest to where the incident occured and report it. Today. This is a legal requirement and it will cover your ass in the event that the driver tries to claim that the incident never occurred.
It's amazing how many people suddenly change their mind about taking responsibility after they've gone and spoken to their friends and family about the incident.

06-10-2011 11:21AM

SEPT 23 1989 wrote: »

Any damage on the car?

Bicycle shaped dent no doubt.

Common sense says that drivers should reverse in and drive out whenever possible, unless you can turn round in the driveway that is.

cruiser178 · 06-10-2011 11:21AM

Sue, you wouldn't be suing the driver but the insurance company he is with. From what you described you deserve compensation for pain and suffering, medical bills. More importantly the driver of the car needs a good kick up in the arse for reversing blindly out of his drive way, he could have run over a child. You were lucky this time op, you quite easily could have been more seriously hurt.

furtzy · 06-10-2011 11:27AM

Don't think boards is the place to be looking for legal advice. Get his insurance details if you don't have them already and contact his insurance company. The driver will do the same. They will take it from there regarding claim forms, witnesses, Garda involvement etc

Seachmall · 06-10-2011 11:30AM

Should have been more careful OP.

Rarely is there a completely innocent party in a road traffic accident, all it takes is a small mistake on one side to be amplified by a bigger mistake on the other.

Talk to a professional on the matter, see what they say.

Stark · 06-10-2011 11:36AM

Seachmall wrote: »

Should have been more careful OP.

Rarely is there a completely innocent party in a road traffic accident, all it takes is a small mistake on one side to be amplified by a bigger mistake on the other.

There are plenty of times when there's an innocent party! Of the three car accidents I've been, two have been rear endings while waiting at lights and a roundabout (was too cautious at the roundabout and the car coming from behind assumed I was going to take a gap) and a head-on where the car coming against me suddenly veered over onto my side of the road (luckily the only damage was to the cars). Not sure how much extra care I could have taken other than to stay at home. Sounds like a similar situation in the OP's case, in most cases you're not going to see a car coming out of a driveway until the car is actually out of the driveway.

hypermuse · 06-10-2011 11:47AM

louise5754 wrote: »

Were you cycling on the road or footpath?

Cycle lane which is part of the road (as opposed to a cycle lane on the footfoot on the N11 for example)

JaxxYChicK wrote: »

Isn't it just the A&E fee you have to pay?

Think I was just in A&E I was told by some1 that the only charge would be for ambulance and actual A&E charge.

force eleven wrote: »

Never heard that it's illegal to reverse out of your driveway

neither had I until some1 mentioned it to me so though I'd ask the publichere!

seamus wrote: »

Yes it's illegal to reverse from any minor road onto a major one. This technically includes reversing from your driveway onto the main road.

In any case, the person who is reversing is required to give way to all traffic at all times including pedestrians and cyclists. The driver is completely at fault.

Don't feel bad about claiming money from the driver and/or their insurance. They are the ones who have made the mistake, you are entitled to be compensated for all losses, including all medical bills, the cost of checking over and repairing your bike (get this done, drop it into the bike shop in UCD, today), any damage to your personal effects, and compensation for any college time lost, if appropriate. Think about all associated costs. You've fractured your wrist, so presumably now you'll need to take the bus for the next two months. You're entitled to claim that cost too.

It's far too easy in your head to say, "Ah I don't want to cause a fuss", but if you don't do this at the start, then you're the one who could be out of pocket over this. Don't accept a cheaper option in the hospital, don't accept cheaper replacements for your glasses or any bike repairs. You are completely and utterly entitled to be fully compensated for your losses. We're often far too soft about asserting our rights in this regard.

Go the Garda station closest to where the incident occured and report it. Today. This is a legal requirement and it will cover your ass in the event that the driver tries to claim that the incident never occurred.
It's amazing how many people suddenly change their mind about taking responsibility after they've gone and spoken to their friends and family about the incident.

You do make some very valid points mate! Granted this was his fault so I am inclined to get all my major costs covered and I'd be happy with that! I just had the idea of thousands of euro worth of hospital bills landing in front of me and I hate that idea..

to be fair to the driver, there is a busstop near his driveway which would definately impede his view but then he should take the responsibility to drive and not reverse out I woulda thought!

I managed to avoid his car and serious injury but my hand made contact with his boot as I was trying to push clear.. as a result my wheel locked and I went flying, don't remember everything coz of concussion but thats the jist of it!

the_syco · 06-10-2011 11:52AM

hypermuse wrote: »

More importantly, I'm a postgraduate student with no health insurance or medical card etc so should I be expecting a bill from the hospital (St. Vincents) or what??
I required an ambulance, x-ray, CT scan, arm cast and a consultant/prof saw me for a bout a min..

I'd say the cost would be upwards of €200 easily enough. Get the insurance details of the guy who you crashed into, and get them to reimburse you if you don't want to create a fuss. If they play hard ball, contact a solicitor, and go for the kill.

Saila · 06-10-2011 11:59AM

I take it the cops were there to exchange insurance info, then ring the dumb bint/prick ask for the expenses you wanted, they no?, claim off her insurance company.

hypermuse · 06-10-2011 12:04PM

Saila wrote: »

I take it the cops were there to exchange insurance info, then ring the dumb bint/prick ask for the expenses you wanted, they no?, claim off her insurance company.

no gardi were there as far as I know.. Just the ambulance..

Must report the incident 1st..

yayamark · 06-10-2011 12:04PM

seamus wrote: »

Yes it's illegal to reverse from any minor road onto a major one. This technically includes reversing from your driveway onto the main road.

Nonsense

It is not illigal to reverse from your drive way on to the road. Your driveway is not a minor road it is a private place.

Report it to the Gardai

Seachmall · 06-10-2011 12:06PM

Stark wrote: »

Sounds like a similar situation in the OP's case, in most cases you're not going to see a car coming out of a driveway until the car is actually out of the driveway.

OP should have been more cautious of cars pulling out of driveways.

Regarding your accidents they could be the exceptions but I'd be sceptical of 1 person being in 3 accidents none of which were did they play a factor in. Not saying you're at fault but I am sceptical.

Saila · 06-10-2011 12:08PM

hypermuse wrote: »

no gardi were there as far as I know.. Just the ambulance..

Must report the incident 1st..

do you have insurance details for them if not at least you know which house they reversed out of and can get them that way

markpb · 06-10-2011 12:08PM

Seachmall wrote: »

OP should have been more cautious of cars pulling out of driveways.

If he was driving, would you also expect him to be cautious of cars coming out of driveways, crossing the footpath and hitting him on the road?

TheZohanS · 06-10-2011 12:08PM

No witnesses, no gardai at the scene...hmm. You'll probably end up paying your own costs OP, unless the car driver is sound about it.

Seachmall · 06-10-2011 12:09PM

markpb wrote: »

If he was driving, would you also expect him to be cautious of cars coming out of driveways, crossing the footpath and hitting him on the road?

Obviously.

Stark · 06-10-2011 12:13PM

Seachmall wrote: »

Regarding your accidents they could be the exceptions but I'd be sceptical of 1 person being in 3 accidents none of which were did they play a factor in. Not saying you're at fault but I am sceptical.

Chances are I'm simply on the road more often than you. Which also allows me to see other scenarios where the affected party wasn't at fault. I've seen people being hit from behind and side on a few times, both situations that are pretty much impossible to avoid. In one case I saw a cyclist hit side on from a car coming out of a side road who was only looking to her left and not straight ahead of her. What was the cyclist supposed to have done in that instance?

Reversing out of your drive way...

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