Road traffic accident claim

joe stodge · 03-12-2013 10:05AM #1

A few weeks back, my wife's friend was driving into work.

She was at a signal controlled crossroads in raheny, she had the green to proceed across the junction. As she was on the way across a cyclist broke the red to her left and hit the side of her car, he went up over the bonnet braking the windscreen and damaging the the roof,the bonnet and the the roof support.

An ambulance and fire brigade were called for him, he turned out to be fine in the end, her car ended up the worst off.

The Gardai were also at the accident and took witness statements all saying he was at fault because he broke the lights.

On Monday she revived a letter off her insurance provoder saying that the cyclist had lodged a claim for damages to his bike and "injuries" caused against her. His reasoning for the claim, he's a cyclist and should be given the right of way.

Seriously, what is wrong with people. Cause an accident and expect compensation, anyone else had anything similar happen to them involving someone who caused an accident?

Dravokivich · 03-12-2013 10:08AM

WHat a chancer. if it's confirmed she had right of way, there should be nothing coming out of that other guy but, "Fúck, I'm an idiot." Her insurance company are just notifying her that he tried right? They aren't going to take this guy seriously are they?

Seve OB · 03-12-2013 10:11AM

joe stodge wrote: »

A few weeks back, my wife's friend was driving into work.

She was at a signal controlled crossroads in raheny, she had the green to proceed across the junction. As she was on the way across a cyclist broke the red to her left and hit the side of her car, he went up over the bonnet braking the windscreen and damaging the the roof,the bonnet and the the roof support.

An ambulance and fire brigade were called for him, he turned out to be fine in the end, her car ended up the worst off.

The Gardai were also at the accident and took witness statements all saying he was at fault because he broke the lights.

On Monday she revived a letter off her insurance provoder saying that the cyclist had lodged a claim for damages to his bike and "injuries" caused against her. His reasoning for the claim, he's a cyclist and should be given the right of way.

Seriously, what is wrong with people. Cause an accident and expect compensation, anyone else had anything similar happen to them involving someone who caused an accident?

She should put her own claim in against the scumbag for the damage to her car and the stress he has caused her.

i use the word scumbag very lightly. it's to good for him.

CramCycle · 03-12-2013 10:16AM

joe stodge wrote: »

On Monday she revived a letter off her insurance provoder saying that the cyclist had lodged a claim for damages to his bike and "injuries" caused against her. His reasoning for the claim, he's a cyclist and should be given the right of way.

I can't believe they even bothered notifying her, typical claim culture you see emerging. If she has witnesses, let him fire away and let him get destroyed in court by any reasonable solicitor. He will end up with solicitors bills through the wazoo. TBF, the insurance company should have dealt with it by explaining his stupidity clearly.

joe stodge · 03-12-2013 10:17AM

The insurence provider also noted he has had 3 previous road traffic accident claims, they are investigating to see what the circumstances were.

She also ended up out of pocket, time spent getting the car fixed, cost of getting the car Fixed and a fire brigade and ambulance bill. She's still waiting to get paid for claiming off her insurence for this, as he was a cyclist he had none.

joe stodge · 03-12-2013 10:19AM

stevieob wrote: »

She should put her own claim in against the scumbag for the damage to her car and the stress he has caused her.

i use the word scumbag very lightly. it's to good for him.

She can't claim against him, he has no insurence.

If a cyclist owns a house and has home insurence, that can be claimed off. But this lad is early 20's and lives with his parents.

AnonoBoy · 03-12-2013 10:20AM

joe stodge wrote: »

She can't claim against him, he has no insurence.

If a cyclist owns a house and has home insurence, that can be claimed off. But this lad is early 20's and lives with his parents.

Pocket money! Sue him for his pocket money!

tin79 · 03-12-2013 10:21AM

joe stodge wrote: »

She can't claim against him, he has no insurence.

If a cyclist owns a house and has home insurence, that can be claimed off. But this lad is early 20's and lives with his parents.

She can take him to court for the damage caused though cant she?

joe stodge · 03-12-2013 10:40AM

tin79 wrote: »

She can take him to court for the damage caused though cant she?

From what I've been told by her, no she can't. But I always thought that it was possible myself.

kaimera · 03-12-2013 10:44AM

****ing prat.

Get some info from the guards that took the statements, a name/badge number and send a letter back to insurance pretty much telling them to ignore the ****, refer to garda x or y for statements.

Hope it works out for the missus.

MarkR · 03-12-2013 11:01AM

I hate cyclists like this. I can't understand how someone can damage your vehicle, and not have to pay for it? I know they don't have insurance, but that doesn't absolve them of responsibility surely?!

Fratton Fred · 03-12-2013 11:02AM

joe stodge wrote: »

She can't claim against him, he has no insurence.

If a cyclist owns a house and has home insurence, that can be claimed off. But this lad is early 20's and lives with his parents.

His parents insurance might cover him as well.

Regardless of insurance though, she has every right to make a claim, the only thing in doubt is his ability to pay.

Artful_Badger · 03-12-2013 11:06AM

joe stodge wrote: »

From what I've been told by her, no she can't. But I always thought that it was possible myself.

That just cannot be true. He caused damage to her car and caused the need to call the Gardai and ambulance through his own negligent and illegal actions by running the red light. He HAS to be liable for damages.

The only difference living at home and being broke should make is that it will just take him longer to pay for those damages.

gramar · 03-12-2013 11:07AM

joe stodge wrote: »

The insurence provider also noted he has had 3 previous road traffic accident claims, they are investigating to see what the circumstances were.

She also ended up out of pocket, time spent getting the car fixed, cost of getting the car Fixed and a fire brigade and ambulance bill. She's still waiting to get paid for claiming off her insurence for this, as he was a cyclist he had none.

..and this is why I've said for years that cyclists on public roads should have a minimum of 3rd party insurance and to be honest I can't believe everyone else doesn't think the same......

tallaghtmick · 03-12-2013 11:10AM

Post this in the cycling forum for the lulz:D

Gatling · 03-12-2013 11:10AM

I remember reading something similar ,where a cyclist broke a light and ended up being hit by a car despite all the witnesses saying the cyclists was in the wrong the guards sided with him and explained to the driver your in the the car you can't complain your surrounded by metal and so on where the cyclist only has a helmet ,you didn't take due care to prevent the accident

BMJD · 03-12-2013 11:15AM

The cyclist wasn't injured because the aura created by his sense of self-importance protected him. He should be compensated to the tune of fifty trillion US Dollars immediately.

Red Kev · 03-12-2013 11:17AM

tin79 wrote: »

She can take him to court for the damage caused though cant she?

joe stodge wrote: »

From what I've been told by her, no she can't. But I always thought that it was possible myself.

Your friend can sue him, no matter how much or how little money he has. Your friend needs proper legal advice, you're not going to get it on AH.

Gatling wrote: »

I remember reading something similar ,where a cyclist broke a light and ended up being hit by a car despite all the witnesses saying the cyclists was in the wrong the guards sided with him and explained to the driver your in the the car you can't complain your surrounded by metal and so on where the cyclist only has a helmet ,you didn't take due care to prevent the accident

Guards have no say in the matter if they didn't actually witness it themselves, if they say otherwise it's bollox. I had a car hit my van, Guards said she wasn't at fault, I just let them talk away, got her details and claimed through her insurance company.

OP : Get proper legal advice, tell her to ring her insurance company and her solicitor as well. If I was her I'd sue for damage to my car and time wasted.

Banjo String · 03-12-2013 11:18AM

I got rammed from the back last year on a long, straight Road, I was turning right. Had been parked with indicator flashing for a few mins, when suddenly I heard the screech, then bang.

My vehicle was jolted into the path of oncoming vehicles narrowly missing a truck.

There was no doubt who was at fault,and I was advised to make a claim

It was a week from Christmas, but I was grand.

Hate the claim mentality in Ireland at times.

Daqster · 03-12-2013 11:21AM

I hate cyclists, vast majority seem to use the rules of the road only when theu favour what they wish to do.

On a bus yesterday heading down Dame St and was standing with many others as getting off at next stop, bus was packed, and as we were just coming to the junction where Parliament St is on your left, a cyclist twat comes flying up Parliament St clearly showing no signs of stopping (bus was in the bus lane pf Dame St) and sure enough when he goes the red light and as the bus driver has no clue of this gonna keep going straight or left but just not with enough room for both of us, he slams on the break and we all went flying. Two old ladies and a guy on a crutch ended up on the floor with another dozen or so of us almost joining them. Bus driver was clearly shaken also.

Pinch Flat · 03-12-2013 11:26AM

Cyclist myself and see no reason why he can claim against her. He broke the law and that's it. Not going to get into a cyclist versus motorists debate, there's equal quantities of tools in both modes of transport.

Cyclists aren't obliged to have insurance (some do voluntarily). Her only option it would appear is to sue him personally for the damage to her car.

tin79 · 03-12-2013 11:28AM

joe stodge wrote: »

From what I've been told by her, no she can't. But I always thought that it was possible myself.

I think she can. He unlawfully damaged her property. Worth speaking to Citizens advice or a solicitor.

CramCycle · 03-12-2013 11:38AM

joe stodge wrote: »

From what I've been told by her, no she can't. But I always thought that it was possible myself.

It is possible, and I really hope if she has the time that she pushes the Gardai to make a criminal prosecution as well. Stupidity/Ignorance is not an excuse for his behaviour. I was taken to court as a cyclist for a road traffic accident, the other party though used the Garda as a witness, who got up and said he wasn't there, I used the car that was behind her who witnessed me getting hit, and the lady in the apartment block beside the scene who was having a cigarette on her balcony as witnesses. If I hadn't the witnesses I could have been taken for a couple of grand.

Greenmachine · 03-12-2013 11:40AM

Sorry to hear about this happening to your friend. A friend was hit once on his bicycle by a car. Obviously I was there so can't comment on the circumstance. In his case the driver admitted responsibility, brought him to the hospital, paid his hospital bills and for his bicycle to be repaired. My friend was happy with this. Wish there were more people like that. The driver and my friend the cyclist. Some people just have drowned themselves in a sense of compensation entitlement.

Possibly your friends wife could sue the cyclist, but IIRC correctly they would have to take a civil case. The above is not legal advice. They should speak to their insurance and possibly a solictor.

tritium · 03-12-2013 12:07PM

Agree with a previous post, contact the guards and make a complaint in relation to this. Little sh1t should be done for criminal damage.

Unless its likely to cost you more in the long run you may also want to consider during the cyclist for what this has cost your wife. Definitely sit down with a solicitor

tails_naf · 03-12-2013 12:07PM

Something similar happened to me a few years ago - not with a cyclist, but with a similarly minded 'chancer' looking to profit from the accident.

I was the third car in a line that ended up rear-ending (luckily at pretty low speed) when the front car stopped to turn right. the front car was not actually hit, and turned anyway without knowing what had happened behind. Of the three cars involved, we called the guards, surveyed the damage - which was small - the middle car had it worst, and the front car only scratches. no one hurt - so all's well and we decided to fix our own.

Note: the cars were bunched togther more than usual as 2 lanes had just merged to one. Not a great place for a right turn - but that's rural roads for you!

6 months later we got a letter from a solicitor for the car in front (the car whcih only had scratches). It was asking for me to admit liability and that I would be taken to court for damages and for causing the accident and injuries- as I guess the rule is the 'car behind is at fault'. We looked up the insurance company and it was one of those 'no win - no fee' crowds. I imagine the person in front thought they had nothing to loose and lots to gain. I was very worried at the time.

As we had exchanged details after the crash, my infuriated dad called up the person suing and said simply and calmly - "it may cost you nothing if you loose the case - but if you do I will counter-sue for you bringing a frivolous case, and I've plenty of resources to see it through".

Never heard from the person again. I Was never more proud of my father for calling that person out.

mikemac1 · 03-12-2013 12:09PM

Wait, your wife's friend got bills for the ambulance and the fire brigade?

I didn't know an ambulance costs money and I also thought only commercial businesses get a bill from the fire brigade.

But it seems they swiftly sent out bills and she paid.

suicide_circus · 03-12-2013 01:18PM

I cycle around dublin city centre a fair bit, i would say 90% of my fellow cyclists break red lights without a second thought. I make a point of stopping at all reds much to other cyclists annoyance as they tut and have to go round me on order to go through the red. Then the light changes and I catch and overtake them.

Fighting Irish · 03-12-2013 01:26PM

I hate hearing this stuff considering my area is just after getting fu(ked over with bike lanes

filbert the fox · 03-12-2013 01:30PM

Would the country be saved by on the spot fines for this behaviour?:D

AnonoBoy · 03-12-2013 01:33PM

Fighting Irish wrote: »

I hate hearing this stuff considering my area is just after getting fu(ked over with bike lanes

People are c*nts no matter how many or how few bike lanes there are in an area.

In fact science has proven the two are in no way linked at all.

Road traffic accident claim

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