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Another driver cut into my lane and collided with me.

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  • 04-10-2019 6:04pm
    #1
    Registered Users Posts: 598 ✭✭✭


    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.


«1

Comments

  • Registered Users Posts: 2,459 ✭✭✭zubair


    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.


  • Registered Users Posts: 2,674 ✭✭✭Skatedude


    And buy a dash cam.


  • Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


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


  • Registered Users Posts: 2,419 ✭✭✭antix80


    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.


  • Closed Accounts Posts: 2,005 ✭✭✭BDI


    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.


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  • Registered Users Posts: 598 ✭✭✭batman1


    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....


  • Registered Users Posts: 598 ✭✭✭batman1


    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?


  • Registered Users Posts: 22,231 ✭✭✭✭endacl


    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.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    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....


  • Registered Users Posts: 480 ✭✭GreenandRed


    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.


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  • Closed Accounts Posts: 2,005 ✭✭✭BDI


    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.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    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...


  • Registered Users Posts: 598 ✭✭✭batman1


    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.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    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...


  • Closed Accounts Posts: 2,005 ✭✭✭BDI


    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?


  • Registered Users Posts: 2,419 ✭✭✭antix80


    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


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    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.


  • Registered Users Posts: 480 ✭✭GreenandRed


    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?


  • Registered Users Posts: 1,813 ✭✭✭Wesser


    were you moving or was he.i

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


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    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.


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  • Registered Users Posts: 2,937 ✭✭✭Eggs For Dinner


    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


  • Registered Users Posts: 4,227 ✭✭✭mgbgt1978


    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.


  • Registered Users Posts: 2,937 ✭✭✭Eggs For Dinner


    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.


  • Closed Accounts Posts: 18,958 ✭✭✭✭Shefwedfan


    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


  • Registered Users Posts: 4,227 ✭✭✭mgbgt1978


    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.


  • Registered Users Posts: 2,937 ✭✭✭Eggs For Dinner


    Pedantic


  • Registered Users Posts: 4,227 ✭✭✭mgbgt1978


    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.


  • Registered Users Posts: 2,459 ✭✭✭zubair


    Wesser wrote: »
    were you moving or was he.i

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

    Incorrect


  • Registered Users Posts: 2,459 ✭✭✭zubair


    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.


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  • Registered Users Posts: 598 ✭✭✭batman1


    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.


This discussion has been closed.
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