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Bumped into back of car, No claims lost?

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  • 24-06-2008 3:02pm
    #1
    Registered Users Posts: 4,537 ✭✭✭


    Going round a roundabout the other day, right side lane. Car ahead in left lane swerved in front of me and jammed on. I had to jam on also, and just nudged her car.

    The mark on rear drivers side of her car proves I was in other lane to her. She did not indicate and seems to have no clue.

    She rang my insurance company and they say its my fault. I know if you hit somone from behind it's your fault, but what if someone swerves out in front of you and you have no time? Maybe its just tough sh*t for me?

    Will I lose my no claims? Can I fight this?

    Absolute hassle.

    Kev.


Comments

  • Registered Users Posts: 2,314 ✭✭✭Marcus.Aurelius


    They probably don't know the full details of her actions. Did you tell them? Did you summon the Gardaí at the time of the accident when it became obvious she was going to whine to the insurance company? (ALWAYS CALL THEM OUT)


  • Registered Users Posts: 2,287 ✭✭✭Ferris


    Going round a roundabout the other day, right side lane. Car ahead in left lane swerved in front of me and jammed on. I had to jam on also, and just nudged her car.

    The mark on rear drivers side of her car proves I was in other lane to her. She did not indicate and seems to have no clue.

    She rang my insurance company and they say its my fault. I know if you hit somone from behind it's your fault, but what if someone swerves out in front of you and you have no time? Maybe its just tough sh*t for me?

    Will I lose my no claims? Can I fight this?

    Absolute hassle.

    Kev.

    If the damage is on the side of her car and you were in the rightmost lane then it could be shown to be her fault or at least a 50/50.

    If the damage is to the rear of her car then its your fault pure and simple. You are supposed to leave sufficient room to stop, end of story i'm afraid.

    Ask your insurance company to give you the option of paying any claim yourself, that way if its of minimal cost you can pay and keep your no claims.


  • Registered Users Posts: 45,892 ✭✭✭✭Mitch Connor


    i thought you had to have room to stop in the distance you can see clear. it was clear til someone pulled into without warning and slammed on....


  • Registered Users Posts: 4,184 ✭✭✭Fey!


    Unfortunate and messy situation.

    Did you get her details? If you feel that you were in the right, then go to the local garda station and report it in full. Then get on to your insurance company and tell them what happened and give them the details of the Garda it was reported to. Find out if she had a full/provisional license and, if on a provisional, whether or not she she was driving accompanied.

    And tell your insurance company that you don't feel that it was your fault; she pulled in front of you.


  • Registered Users Posts: 4,537 ✭✭✭joseph brand


    Thanks for replies. It IS messy. Garda said my word against hers. Garda were called out, arrived 10 mins after accident.

    You see, she swerved to avoid a bin truck, who was in the wrong. He did not look right, and drove out into her path.

    I said that I believed the bin truck to be more at fault than either of us, but he was gone. She told the Garda that truck was at fault. I had no car ahead of me, and within a second, had a car swerve in front and brake hard.

    Insurance comp rang me, and said that she was claiming, he said it seemed like it would not cost much, (only few black lines on her gold car from my black car).

    I remember saying to her,"you think I wanna crash my car?", she repiled, "sure its only a 94 anyway!".
    Little bit childish coming from a 50 yr old, me thinks.


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  • Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    though it sounds like she was in the wrong this all ultimately falls down to your insurance company and how they view it.

    Have your insurance company sent you out forms yet for the claim?


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