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Wing mirror collision

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  • 05-05-2020 10:05am
    #1
    tim3000
    Registered Users Posts: 555 ✭✭✭


    Hi all,

    On Thursday last my wing mirror collided with another cars mirror. This was on a narrow country road that was unlined.

    I wasn't speeding or anything of the sort. The other driver immediately said I was too far over. I responded that so was she and we moved the cars to avoid blocking the road. I asked if she wanted to involve the insurance for this she said it will be 50/50.

    We took pictures of the damage and exchanged details. My car had come off worse, the whole mirror will have to be replaced, the glass in hers was broken but that was it.

    Once the pictures were taken she handed me the remains of my mirror that she had collected from the road while returning to her car to move it.

    No gardas were called and no images of the scene were taken.

    I drove home and contacted my insurance. While doing so the other driver texted to say she will be seeking damages as I was speeding and she was stationary etc. She then threatened legal action. I do not intend to claim from her, I will fix my own wing mirror. She has visited the garda station to make a statement.

    This has me worried, any thoughts as to what legal action she might take?


«1

Comments

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    #2
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Unless she can prove she was stationery, it'll be a 50/50.

    I'd let the insurance company deal with it.

    She sounds like a total pain to deal with.


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    #3
    Fann Linn
    Registered Users Posts: 7,771 ✭✭✭Fann Linn


    Thats why you're always better driving on when ye clip a mirror!!


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    #4
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    Pkiernan wrote: »
    Unless she can prove she was stationery, it'll be a 50/50.

    I'd let the insurance company deal with it.

    She sounds like a total pain to deal with.

    I kept reiterating that I wanted the insurance companies to sort it. The whole situation is a storm in a teacup.

    I dont like the sound of legal action if I am honest I worry that she will try and get a personal injury claim from it.


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    #5
    iwillhtfu
    Registered Users Posts: 6,367 ✭✭✭iwillhtfu


    The gardai will do nothing sounds like she's trying to intimidate you with talk of legal action etc.

    Have no more correspondence with her and get on with your life.


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    #6
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    iwillhtfu wrote: »
    The gardai will do nothing sounds like she's trying to intimidate you with talk of legal action etc.

    Have no more correspondence with her and get on with your life.

    Exactly


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    #7
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    iwillhtfu wrote: »
    The gardai will do nothing sounds like she's trying to intimidate you with talk of legal action etc.

    Have no more correspondence with her and get on with your life.


    I got that sense too I just worry about this. I have a knot of tension in my guts since legal action was mentioned.

    Hopefully thats the last I hear of it but I ddon't think it will be.


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    #8
    colm_mcm
    Registered Users Posts: 73,382 ✭✭✭✭colm_mcm


    So, was she stopped?


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    #9
    kirving
    Registered Users Posts: 5,888 ✭✭✭kirving


    Without dashcam evidence*, it will almost certainly be a 50/50.

    Actually, does 50/50 mean that total costs are split 50/50, or each driver covers their own?

    Threatening legal action, for what exactly? I'd be telling her exactly where to go after that. Equally, you could report her to the Gards for abusive behaviour.



    *The one exception to this, is data from the car's ECU. Recently, a poster on here was involved in a head on collision on a country road, and they were told by most people that it was be a 50/50. After advice here, they contacted Hyundai who were able to show that the OP's car was doing 2km/h when it was hit hard, and so they were clearly not at fault.

    If you had a particularly complex mirror with a GPS receiver, camera, or other device inside, it may in theory be possible to match the time an error was logged on the ECU, with the vehicle speed at that time. Of course, that would only be useful if you were stopped, because it would not state were you were in the road.


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    #10
    colm_mcm
    Registered Users Posts: 73,382 ✭✭✭✭colm_mcm


    Kevin Irving wrote: »
    Without dashcam evidence*, it will almost certainly be a 50/50.

    Actually, does 50/50 mean that total costs are split 50/50, or each driver covers their own?

    Threatening legal action, for what exactly? I'd be telling her exactly where to go after that. Equally, you could report her to the Gards for abusive behaviour.



    *The one exception to this, is data from the car's ECU. Recently, a poster on here was involved in a head on collision on a country road, and they were told by most people that it was be a 50/50. After advice here, they contacted Hyundai who were able to show that the OP's car was doing 2km/h when it was hit hard, and so they were clearly not at fault.

    If you had a particularly complex mirror with a GPS receiver, camera, or other device inside, it may in theory be possible to match the time an error was logged on the ECU, with the vehicle speed at that time. Of course, that would only be useful if you were stopped, because it would not state were you were in the road.

    I think an airbag deployed on this case?


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    #11
    fran38
    Registered Users Posts: 504 ✭✭✭fran38


    OP you say her glass mirror was the only thing damaged on her car? Yet shes instigating legal action etc. For an item thatll cost no more than 20e shes acting the maggot here.


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    #12
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    colm_mcm wrote: »
    So, was she stopped?


    I dont think so. By the time I heard the crash and hit the brakes was maybe 40 feet from her car. If she was stationary I reckon there would have been less distance between us. Now I know thats not much to go on. But I cant prove otherwise.


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    #13
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    fran38 wrote: »
    OP you say her glass mirror was the only thing damaged on her car? Yet shes instigating legal action etc. For an item thatll cost no more than 20e shes acting the maggot here.

    I know yeah but its just got me worried. My insurance have said they havent heard anything from her end so maybe I am in the clear. Just hassle I could be doing without


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    #14
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    tim3000 wrote: »
    I dont think so. By the time I heard the crash and hit the brakes was maybe 40 feet from her car. If she was stationary I reckon there would have been less distance between us. Now I know thats not much to go on. But I cant prove otherwise.


    Hmmm, if you're not sure, and she says she was stationary... it'll go against you.


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    #15
    iwillhtfu
    Registered Users Posts: 6,367 ✭✭✭iwillhtfu


    Deleted User wrote: »
    Hmmm, if you're not sure, and she says she was stationary... it'll go against you.

    Fitting username for that comment.


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    #16
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    iwillhtfu wrote: »
    Fitting username for that comment.


    How is it wrong?


    Other Driver:- I was stationary when my car was struck.
    OP:- Not sure if they were stationary, I think they were moving.


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    #17
    kirving
    Registered Users Posts: 5,888 ✭✭✭kirving


    colm_mcm wrote: »
    I think an airbag deployed on this case?

    I think so, yep.

    Really just wanted add to the caveat to the "country road = 50/50" which is often said.

    OP, as she has gone to the Gards, I think you should perhaps do the same, just for the sake of making a formal record of the collision, and specific reference to her threatening behaviour. You both pay insurance to deal with this, she has absolutely no business contacting you in relation to any legal action she thinks she's entitled to make.


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    #18
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    [Deleted User] wrote: »
    Hmmm, if you're not sure, and she says she was stationary... it'll go against you.

    How will she prove that she was stationary though? To my mind this is my word against hers.


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    #19
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    tim3000 wrote: »
    How will she prove that she was stationary though? To my mind this is my word against hers.


    Your word is that you are unsure. She, from what you said, is certain she was stationary. And, even third hand, her story sounds more true.



    If I was going on a country road and we were both traveling and smacked mirrors it'd be a pain, but no way would there be a hissy fit. I'd act a lot more like the other driver here if i was stationary and someone was telling me it was 50/50.


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    #20
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    Kevin Irving wrote: »
    I think so, yep.

    Really just wanted add to the caveat to the "country road = 50/50" which is often said.

    OP, as she has gone to the Gards, I think you should perhaps do the same, just for the sake of making a formal record of the collision, and specific reference to her threatening behaviour. You both pay insurance to deal with this, she has absolutely no business contacting you in relation to any legal action she thinks she's entitled to make.

    Im going this evening to make a statment. The garda dealing with the matter said to come today in accordance with the present restrictions.


  • Options
    #21
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    [Deleted User] wrote: »
    Your word is that you are unsure. She, from what you said, is certain she was stationary. And, even third hand, her story sounds more true.



    If I was going on a country road and we were both traveling and smacked mirrors it'd be a pain, but no way would there be a hissy fit. I'd act a lot more like the other driver here if i was stationary and someone was telling me it was 50/50.

    I only have her word to attest that she was stationary, in the absence of proof then she might as well have been moving.

    Likewise I could say she was on the phone. But its up to me to prove it.


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    #22
    99nsr125
    Registered Users Posts: 1,183 ✭✭✭99nsr125


    Woman driver, knows she was in the wrong and now all pissed off and trying shift the blame.

    Claiming to be stationary is a way of shifting blame onto you. All you gotta do is maintain she was moving and it's just a 50/50.

    Think back to things like was her engine running, wipers operating, lights on, any time of detail and make a note for yourself


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    #23
    colm_mcm
    Registered Users Posts: 73,382 ✭✭✭✭colm_mcm


    99nsr125 wrote: »
    Woman driver, knows she was in the wrong and now all pissed off and trying shift the blame.

    Claiming to be stationary is a way of shifting blame onto you. All you gotta do is maintain she was moving and it's just a 50/50.

    Think back to things like was her engine running, wipers operating, lights on, any time of detail and make a note for yourself

    Or maybe other driver was stopped and this explains their frustration.


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    #24
    Seth Brundle
    Moderators, Politics Moderators Posts: 38,849 Mod ✭✭✭✭Seth Brundle


    tim3000 wrote: »
    How will she prove that she was stationary though?
    Dashcam?


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    #25
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    Seth Brundle wrote: »
    Dashcam?

    She never mentioned a dashcam and I dont recall seeing one. The garda never mentioned one to me either.


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    #26
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    tim3000 wrote: »
    I only have her word to attest that she was stationary, in the absence of proof then she might as well have been moving.

    There was significant damage to the mirrors, so there was speed involved. She was either stationary/crawilng, or going at speed and you weren't looking. How else can you claim to not know if she wasn't stationary/crawling.
    tim3000 wrote: »

    Likewise I could say she was on the phone. But its up to me to prove it.

    You're not doing yourself any favours with comments like that. Stick to the facts.


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    #27
    wonski
    Registered Users Posts: 13,687 ✭✭✭✭wonski


    I can't believe that two clipped mirrors led to two insurance claims and Gardai involvement.

    Even if it isn't clear it will end 50/50 and a lot of wasted time.

    I would fix mine, let the other party fix theirs and move on with my life.

    I know some mirrors can be expensive, but still not worth goint the whole insurance route, not to mention Gardai.


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    #28
    kirving
    Registered Users Posts: 5,888 ✭✭✭kirving


    All this uncertainty, is why these things normally end up settled 50/50. Even if she was stopped, she can't prove it.

    If were her, I'd be delighted to get away from that situation with only the glass broken, even if I was stopped, because I'd know full well that I couldn't prove otherwise.

    I know it's too late, but invest in a dashcam.


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    #29
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,437 Mod ✭✭✭✭Gumbo


    tim3000 wrote: »
    She never mentioned a dashcam and I dont recall seeing one. The garda never mentioned one to me either.

    I never mention a dash cam unless i absolutely need it.
    It’s last resort.


  • Options
    #30
    corks finest
    Registered Users Posts: 8,628 ✭✭✭corks finest


    tim3000 wrote: »
    Hi all,

    On Thursday last my wing mirror collided with another cars mirror. This was on a narrow country road that was unlined.

    I wasn't speeding or anything of the sort. The other driver immediately said I was too far over. I responded that so was she and we moved the cars to avoid blocking the road. I asked if she wanted to involve the insurance for this she said it will be 50/50.

    We took pictures of the damage and exchanged details. My car had come off worse, the whole mirror will have to be replaced, the glass in hers was broken but that was it.

    Once the pictures were taken she handed me the remains of my mirror that she had collected from the road while returning to her car to move it.

    No gardas were called and no images of the scene were taken.

    I drove home and contacted my insurance. While doing so the other driver texted to say she will be seeking damages as I was speeding and she was stationary etc. She then threatened legal action. I do not intend to claim from her, I will fix my own wing mirror. She has visited the garda station to make a statement.

    This has me worried, any thoughts as to what legal action she might take?

    Similar 3 / ,,4 years back,my insurance company instructions were
    Get a quote for your damage
    Give it to the other person
    Then you pay half of theirs and vice versa
    Only they tried to screw me ,Garda called 50/50 we were told after law checked both our insurance etc
    Damage to both cars was a cracked mirror, few scratches on my surround, to keep the peace ( neighbours) I sent for a micks garage glass mirror for their 7 years old Toyota Corolla,she point blank refused and got a quote from local Toyota garage in Carrigaline ,parts and labour etc,but hinted that e100 would sort it ,I handed the my quote e90 plus,and told them my insurance company instructions etc ,end of matter


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    #31
    tim3000
    Registered Users Posts: 555 ✭✭✭tim3000


    [Deleted User] wrote: »
    There was significant damage to the mirrors, so there was speed involved. She was either stationary/crawilng, or going at speed and you weren't looking. How else can you claim to not know if she wasn't stationary/crawling.

    You're not doing yourself any favours with comments like that. Stick to the facts.

    At no stage did I say there was significant damage to her mirror only my own. If she was moving then she equally at fault. I have no proof that she was stationary only her word.

    Youre just assuming that since I dont recall the specifics of it that I must be at fault. Youre not doing yourself any favours with assumptions like that.


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