Another driver cut into my lane and collided with me.

batman1 · 04-10-2019 6:04pm #1

Driving on a 2 lane road, going crawling speed in traffic. Another car tried to cut into a gap in front of me and done it so close, we collided.

Few scratches on my car, more damage to his.
He apologized initially but then changed his tune saying I drove into him. Due to the busy road we pulled off and I took lots of pictures etc, got his details and rang my own insurance for advice.
They told me that they would send someone to inspect the car and also send someone to see the road, as well as my pictures etc.

My concern is that making a claim, even though it's wasn't my fault, will impact my insurance. I was a named driver for many years but have only had my own insurance for a year or so.
They also told me that based on the information I gave them it's highly unlikely I would be found at fault but there would need to be an investigation.

I never told my insurance I was claiming, I only rang them to inform them of the incident.

What's the normal protocol in this scenario where you are not at fault but need to get the car repaired.

zubair · 04-10-2019 6:07pm

Claim against them through your insurance company. Cheeky feckers. The claim will be recorded but won't impact your NCB assuming you aren't found at fault but it's unlikely you will be based on the info given.

Skatedude · 04-10-2019 6:11pm

And buy a dash cam.

jimmycrackcorm · 04-10-2019 6:14pm

You should have taken details of his insurance and rang them to make a claim. Not your own.

antix80 · 04-10-2019 6:16pm

I take it the op's never heard of a knock-for-knock agreement between insurance companies.

Assuming you haven't been driving long I'll give some advice... (not saying you did but) it's not worth trying to prevent someone switching lanes because between blind spots and misjudging gaps they can cause an accident and often it's the person who has "right of way" that clips them from behind.

BDI · 04-10-2019 6:17pm

Was he in the overtaking lane trying to get in.

Were you holding your lane because you were there first and it was your lane?

How did you not see him pulling in front of you and slow if you were crawling along?

I’m not accusing you of anything just seems odd.

batman1 · 04-10-2019 6:24pm

BDI wrote: »

Was he in the overtaking lane trying to get in.

Were you holding your lane because you were there first and it was your lane?

How did you not see him pulling in front of you and slow if you were crawling along?

I’m not accusing you of anything just seems odd.

To give perspective, he cut in so close to me and at such an angle, his passenger door was where the impact was. He done it at speed to try and get into the gap slowly forming in front of me. No way I could have avoided it.
Both lanes were full and going slow. He spotted a gap, misjudged it and went for it.
He was also wearing earphones....

batman1 · 04-10-2019 6:26pm

jimmycrackcorm wrote: »

You should have taken details of his insurance and rang them to make a claim. Not your own.

Is that not the job of my insurance company?

endacl · 04-10-2019 6:29pm

Skatedude wrote: »

And buy a dash cam.

Bit late now, but this, absolutely.

I had a similar incident about a month ago. Without a cam, it’d have been my word against theirs, and probably settled 50/50, with a substantial price hike at renewal. We swopped details, and when the insinuation came (after an initial acceptance of blame) that I’d in fact run into them, I could happily point to the camera and offer to share the footage with their insurer.

Camera has already paid for itself.

punisher5112 · 04-10-2019 6:30pm

batman1 wrote: »

Is that not the job of my insurance company?

But sure how do you know he has insurance?

You need to get all these details at the scene.
Name, phone number and address if possible.

Yes you can use your own insurance but if it's not your fault you are better off contacting the other drivers.

If it's like what happened me numerous times I had to get my own solicitor to fight my side and I won....

GreenandRed · 04-10-2019 6:34pm

batman1 wrote: »

Is that not the job of my insurance company?

He's the one in the wrong. His insurance should pay, if he's insured. Why should you be in risk of your no claims bonus?

I've seen chancers doing this loads of times at the Maynooth and Kilcock exits. Idiots thinking they'll save some time trying to skip the queue in the left hand lane by staying right until the last minute and chancing their arm. Not just an insurance issue, it's dangerous driving and they should be prosecuted.

BDI · 04-10-2019 6:41pm

I don’t know, seems like the left hand turn from Fairview to Malahide road. Cars que in the bus lane all the way to Marino school sometimes.

When you drive down to where you are supposed to merge people beep you and try scare you out of cutting in because it’s their lane or something. Eventually they back out normally and don’t drive into you.

Insurance see these things all the time. I’d say at best you might get an agreement between insurers to take both your no claims.

At the end of the day someone learns a lesson depending on which one of you caused the accident but surely you seen him cutting into your lane if you were behind his passenger door.

Hopefully it’s not much damage and you can both pay out without insurance getting involved. Just both fix your own cars and act like nothing happened.

punisher5112 · 04-10-2019 6:45pm

BDI wrote: »

I don’t know, seems like the left hand turn from Fairview to Malahide road. Cars que in the bus lane all the way to Marino school sometimes.

When you drive down to where you are supposed to merge people beep you and try scare you out of cutting in because it’s their lane or something. Eventually they back out normally and don’t drive into you.

Insurance see these things all the time. I’d say at best you might get an agreement between insurers to take both your no claims.

At the end of the day someone learns a lesson depending on which one of you caused the accident but surely you seen him cutting into your lane if you were behind his passenger door.

Hopefully it’s not much damage and you can both pay out without insurance getting involved. Just both fix your own cars and act like nothing happened.

I have to manage to get a bus through there it's absolutely terrible how they drive....

It really needs a proper set up and enforcement.

I've yet to hit anyone there yet...

batman1 · 04-10-2019 6:47pm

BDI wrote: »

At the end of the day someone learns a lesson depending on which one of you caused the accident but surely you seen him cutting into your lane if you were behind his passenger door.
.

Without being able to draw a picture, he was right alongside me in the right lane, suddenly darted for a gap that wasn't there, misjudged the manoeuvre and hit my car with his. Everyone was moving forward and he tried to move in so quick I didn't even see it happening until it happened.

He admitted he done it and apologised. Got out of the car with his hands up saying sorry etc. Then changed his tune. I then rang my insurance company for advice after talking to Gardai on the phone.

For all I know he could say he's injured tomorrow.

I have his details, car reg, photos, everything that was asked of me. I can't do any more than that.

punisher5112 · 04-10-2019 6:51pm

batman1 wrote: »

Without being able to draw a picture, he was right alongside me in the right lane, suddenly darted for a gap that wasn't there, misjudged the manoeuvre and hit my car with his. Everyone was moving forward.

It's his fault unless he can prove you changed lane.

It's up to you to prove your case.

Write it all down, time, position, where you were coming from and going where....

Did the driver indicate? Yes or no!

It's up to him to merge safely and an indicator even of used isn't a guarantee you can change lane...

BDI · 04-10-2019 6:58pm

punisher5112 wrote: »

It's his fault unless he can prove you changed lane.

It's up to you to prove your case.

Write it all down, time, position, where you were coming from and going where....

Did the driver indicate? Yes or no!

It's up to him to merge safely and an indicator even of used isn't a guarantee you can change lane...

Does the overtaking lane not have priority. Do you have to stop your car and just wait until the slow moving left lane vehicles all pass until you can get in, causing tailbacks in the overtaking lane down to portumna?

antix80 · 04-10-2019 7:08pm

BDI wrote: »

Does the overtaking lane not have priority. Do you have to stop your car and just wait until the slow moving left lane vehicles all pass until you can get in, causing tailbacks in the overtaking lane down to portumna?

By that stage, both lanes would be slow-moving. The slow lane would be bumper-to-bumper trying to stop people cutting in. The overtaking lane would be full of people looking for gaps to cut into the slow lane.. Usually there'll be idiots in the overtaking lane leaving a gap of 50-100m gap between them and the car in front, causing even more frustration for ppl in the fast lane who see gaps ahead in the slow lane but can't get into them! The joys

punisher5112 · 04-10-2019 7:10pm

BDI wrote: »

Does the overtaking lane not have priority. Do you have to stop your car and just wait until the slow moving left lane vehicles all pass until you can get in, causing tailbacks in the overtaking lane down to portumna?

Normal driving lane is priority.

You must merge safely.

GreenandRed · 04-10-2019 7:13pm

BDI wrote: »

Does the overtaking lane not have priority. Do you have to stop your car and just wait until the slow moving left lane vehicles all pass until you can get in, causing tailbacks in the overtaking lane down to portumna?

You have the right of way, you're in the lane. He wants to get into your left lane so he should go past you showing his left indicator signalling and then enters the lane a safe distance ahead of your car. A different matter if there was no car behind you and you could have slowed diwn a bit. Lucky thing it didn't happen when the left lane was moving faster on a wet day, a possible pileup. Sounds pike the other driver was 100% in the wrong. Was he breathalysed?

Wesser · 04-10-2019 7:18pm

were you moving or was he.i

If you were moving them you moved into him. your fault.

punisher5112 · 04-10-2019 7:39pm

Wesser wrote: »

were you moving or was he.i

If you were moving them you moved into him. your fault.

Not true, you can't just change lane....

I had a taxi driver do similar but nothing else on the road, he swerves over into my side and then stated I drove into him....

Cue silence.... Oh right sure no problems at all hold on there I'll get the footage.... WiFi on dash cam to phone, video loaded, there you go....

He was still adamant I hit him and wouldn't move....

I told him I was going to the Garda station which was 500 metres up the road and he could follow.

Reported and showed the Garda and he was still at scene.

Was in with Garda and he says oh that lad came in a half hour after you left.... Absolutely screaming and shouting.... Gaurd said he told him to get out and come back later when he would talk politely as they wouldn't discuss anything...

He left and came back few hours later be said.

It was a crash for cash no doubt in my mind.

Eggs For Dinner · 04-10-2019 7:52pm

OP, sorry for your troubles. I'll give you advice as a claim handler which may or may not assist you.

Firstly, it is irrelevant as to what actually happened. It's down to what either party can prove. Without dashcam, independent witnesses, physical evidence or a Garda report, it will be settled 50/50. If it is one word versus another you need to rely on your own policy for your repairs and they will then assess if they can recover from the 3rd party. In the absence of evidence, odds are they will not attempt it. Your own insurers will not pursue the 3rd party on your behalf unless they have paid for your damage as a claim under your own policy first. Without a successful recovery, the matter remains as a claim on your record

mgbgt1978 · 04-10-2019 9:44pm

The above is of course assuming that the OP has a Fully Comp policy. If just 3rd Party his/her own insurer cannot do anything for him/her.
Nor having a go at yourself Eggs (for a change

), simply clarifying things.

Eggs For Dinner · 04-10-2019 9:48pm

mgbgt1978 wrote: »

The above is of course assuming that the OP has a Fully Comp policy. If just 3rd Party his/her own insurer cannot do anything for him/her.
Nor having a go at yourself Eggs (for a change ), simply clarifying things.

In his opening post, the OP mentioned the option of claiming under his own policy. I think we can assume he has comprehensive cover.

Shefwedfan · 04-10-2019 9:52pm

You should have got details of other drivers on the road, it’s your word against his now....he could claim on your insurance and say you crashed into him and you have zero witnesses to back your story up

mgbgt1978 · 04-10-2019 10:03pm

Eggs For Dinner wrote: »

In his opening post, the OP mentioned the option of claiming under his own policy. I think we can assume he has comprehensive cover.

Indeed he almost did (he simply said "My concern is that making a claim", he didn't say against whose policy), but he does seem a bit naive about the whole process. I'm not saying he doesn't have F/C but he's not saying he specifically does....yet.
TBH I feel sorry for him as it does appear that another Driver tried to Bully his way into the OP's Lane, and he is now in the unfortunate position of possibly paying a lot of money through no fault of his own.

Eggs For Dinner · 04-10-2019 10:06pm

Pedantic

mgbgt1978 · 04-10-2019 10:11pm

Call it what you like. I was genuinely just stating a fact. If the Op doesn't have Fully Comp, and he hasn't said he has, then his own Insurer will not be of any use.
Again, it was not intended as 'having a go' at yourself.

zubair · 05-10-2019 12:28am

Wesser wrote: »

were you moving or was he.i

If you were moving them you moved into him. your fault.

Incorrect

zubair · 05-10-2019 12:33am

You have his details, claim on his insurance, or if you didn't get the them and if he only gave you a phone number call him. If they don't answer after a few attempts call the guards. You will impact your insurance if you claim against your own policy. I wouldnt be feeling sorry for anyone, that's what insurance is for.

batman1 · 05-10-2019 8:12am

Lots of varied opinions. Thanks everyone.

I have his details. Should I make the call to his insurer or let my insurer do that?
I'm guessing he could do the same .

I've done what I am obliged to do and that is inform my insurer of any accidents. The cost of repair of my car is in the hundreds for scratch repairs . His is worse.

Incidentally, my car is new and, although I'm not 100% certain how it works, if someone pulls out in front of me, or brakes suddenly in front of me then it has automatic emergency brake to stop me driving in to someone. Problem is, this guy pulled in at 45 degrees and scraped along my bumper before he got to the front.

It was pretty much the same as someone trying to park in front of you but judging the approach wrong and scraping your bumper on the way in.

The most frustrating thing is, the insurance in this country is such a scam , this should not even be a consideration. It should be a case of sort it out and move on, not the fear of what they'll do to you next year or the next number of years.

zubair · 05-10-2019 8:25am

You're over thinking it buddy. I wouldnt start thinking about automatic brakes and opening that can of worms with the insurer, also I'm fairly sure these aren't automatic, they just assist in an emergency stop. He changed lane in front of you and you hit him and you couldn't stop in time to avoid it. He's at fault, if you want the scratches fixed claim against his policy, his car and how he repairs it is his problem. The location of the damage on the 2 vehicles will be evidence as to what happened and who's at fault.

batman1 · 05-10-2019 8:36am

zubair wrote: »

You're over thinking it buddy. I wouldnt start thinking about automatic brakes and opening that can of worms with the insurer, also I'm fairly sure these aren't automatic, they just assist in an emergency stop. He changed lane in front of you and you hit him and you couldn't stop in time to avoid it. He's at fault, if you want the scratches fixed claim against his policy, his car and how he repairs it is his problem. The location of the damage on the 2 vehicles will be evidence as to what happened and who's at fault.

That is basically it, in a nutshell.

Apologies for the stupid questions but I have never been in this situation before.
If I want to claim off his insurer, do I have to ring them directly with his details, or will my insurer do that on my behalf?
Obviously the least worst outcome is if I can get my car repaired at no cost and not have a claim on my own insurance.

Markcheese · 05-10-2019 8:42am

Yup, leave the safety braking feature out of it,
The fact that his his driver side door was dinged as he tried to jump into a space (or none) kind of shows that he was forcing his way in..
Also dont say you couldn't stop in time just that he crashed into the front of you...

ittakestwo · 05-10-2019 9:41am

If you have photos of damage of scratches to his passenger door I dont know how he could claim he was not doing a dangerous manoeuvre. The damage of scratches on passenger door would indicate that he was not fully in the lane and his car was moving when the collision occurred.

If you had hit him at the rear of his car then he could claim he was fully in lane before the collision and you should have stopped.

Wildly Boaring · 05-10-2019 10:33am

Any chance you got the details of the driver behind you as a witness?

I've given my card to 3 or 4 people as potential witness. Never called though

SCOOP 64 · 05-10-2019 11:58am

Wildly Boaring wrote: »

Any chance you got the details of the driver behind you as a witness?

I've given my card to 3 or 4 people as potential witness. Never called though

id said the fact that you came up as a witness put the person in the wrong off to fight it so the call was unnecessary, good thing to do though.

Eggs For Dinner · 05-10-2019 3:05pm

batman1 wrote: »

If I want to claim off his insurer, do I have to ring them directly with his details, or will my insurer do that on my behalf?

You need to lodge a claim yourself directly withe the 3rd party's insurers. Your own insurers do not do this on your behalf

NUTLEY BOY · 07-10-2019 12:34pm

Basically, the other car is at fault.
Indicator or not there is no right to cut in on an adjacent lane unless it is safe to do so e.g. adequate clearance.
The physical evidence of the damage will help you considerably unless he is going to claim that he was stationary at 45 degrees to you and that you crashed in to him :rolleyes:

As others say above you have options.
I would deal directly with his insurers and seek payment of 100% of my car damage + depreciation if car was new + car hire for period of repair.
If offered a percentage of my claim on the basis of other driver's twist on the facts I would refuse and tell them to cough up 100% or I will see them in the District Court "as far as the property damage aspect of matters is concerned". I would be surprised if the other insurers defended the case.

batman1 · 14-10-2019 8:41am

NUTLEY BOY wrote: »

Basically, the other car is at fault.
Indicator or not there is no right to cut in on an adjacent lane unless it is safe to do so e.g. adequate clearance.
The physical evidence of the damage will help you considerably unless he is going to claim that he was stationary at 45 degrees to you and that you crashed in to him :rolleyes:

As others say above you have options.
I would deal directly with his insurers and seek payment of 100% of my car damage + depreciation if car was new + car hire for period of repair.
If offered a percentage of my claim on the basis of other driver's twist on the facts I would refuse and tell them to cough up 100% or I will see them in the District Court "as far as the property damage aspect of matters is concerned". I would be surprised if the other insurers defended the case.

Thanks.

The damage on both cars clearly shows that in order for me to do the damage I would have had to been travelling in reverse.

chooseusername · 14-10-2019 8:50am

batman1 wrote: »

Thanks.

The damage on both cars clearly shows that in order for me to do the damage I would have had to been travelling in reverse.

I'm confused now, is the damage to your car front or rear?

batman1 · 14-10-2019 11:17am

chooseusername wrote: »

I'm confused now, is the damage to your car front or rear?

Front driver side bumper/wheel arch. The scratch pattern runs from rear to front. If I had run into something, the pattern would be the other way around

punisher5112 · 14-10-2019 2:24pm

batman1 wrote: »

Front driver side bumper/wheel arch. The scratch pattern runs from rear to front. If I had run into something, the pattern would be the other way around

You could still change lanes etc and be at fault..

I get what you're saying as you didn't but there is no definite way to prove that.

I reshaped a Audi A5 to an A3 when the guy decided to do a road rage and a crash 4 cash at the same time....
He done this while I was driving a big bus and absolutely destroyed his car....

The idiot forgot there are CCTV cameras all over these and it proved what he done. I was found to have done nothing wrong.

What an idiot.

zubair · 14-10-2019 2:38pm

Any update buddy? I'm losing sleep!

batman1 · 15-10-2019 12:06pm

zubair wrote: »

Any update buddy? I'm losing sleep!

Ha. I don't want you becoming ill thinking about it.

So, local bodywork guy says €150 to repair the scratches on my car. I haven't yet brought it to the main dealer as it's due a service anyway in the next few weeks so will get a quote from them but expect that to be higher.

I'll then offer the other driver the option to pay for the repair and if I get no joy then I will contact his insurer.
My other option is to suck it up, get my own car repaired and move on.

i57dwun4yb1pt8 · 05-11-2019 11:45am

i would main dealer it if under warranty and new and especially if on a pcp .

AulWan · 05-11-2019 12:10pm

As well as installing a dashcam, another tip - always take a photo of the insurance disk.

Another driver cut into my lane and collided with me.

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