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Another driver cut into my lane and collided with me.

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    #32
    zubair
    Registered Users Posts: 2,459 ✭✭✭zubair


    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.


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    #33
    batman1
    Registered Users Posts: 598 ✭✭✭batman1


    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.


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    #34
    Markcheese
    Registered Users Posts: 8,428 ✭✭✭Markcheese


    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...

    Slava ukraini 🇺🇦



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    #35
    ittakestwo
    Registered Users Posts: 1,642 ✭✭✭ittakestwo


    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.


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    #36
    Wildly Boaring
    Registered Users Posts: 3,629 ✭✭✭Wildly Boaring


    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


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    #37
    SCOOP 64
    Registered Users Posts: 5,207 ✭✭✭SCOOP 64


    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.


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    #38
    Eggs For Dinner
    Registered Users Posts: 2,938 ✭✭✭Eggs For Dinner


    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


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    #39
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    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.


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    #40
    batman1
    Registered Users Posts: 598 ✭✭✭batman1


    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.


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    #41
    chooseusername
    Registered Users Posts: 3,588 ✭✭✭chooseusername


    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?


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    #42
    batman1
    Registered Users Posts: 598 ✭✭✭batman1


    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


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    #43
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    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.


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    #44
    zubair
    Registered Users Posts: 2,459 ✭✭✭zubair


    Any update buddy? I'm losing sleep!


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    #45
    batman1
    Registered Users Posts: 598 ✭✭✭batman1


    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.


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    #46
    i57dwun4yb1pt8
    Closed Accounts Posts: 2,655 ✭✭✭i57dwun4yb1pt8


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


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    #47
    AulWan
    Closed Accounts Posts: 1,653 ✭✭✭AulWan


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


This discussion has been closed.
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