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Accident involving L driver not accompained by qualified driver

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  • 07-07-2008 6:04pm
    #1
    rs50
    Closed Accounts Posts: 14 ✭


    Accident involving L driver not accompained by qualified driver?

    I involve in a accident which the other party holding provisional license and not accompained by a qualified driver, and they blame me to the accident which I believe it's not my fault...

    What can I do?

    Help & Advise much appreciated;)


«1

Comments

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    #2
    biko
    Registered Users Posts: 81,220 ✭✭✭✭biko


    Ring the guards.

    Edit - Err, I guess it's too late for that now.
    Damage? What happened?
    Why do you write "they" if there was just one person in the other car?


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    #3
    tuxy
    Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    They will be still covered by 3rd party insurance even with out a qualified driver.
    Have you reported it to guards and insurance company.
    You will be fine once they are blamed for the accident.


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    #4
    egan007
    Registered Users Posts: 2,934 ✭✭✭egan007


    Report it to your insurance company.
    Make a garda report.
    Don't accept blame.

    Are you sure you are in the wrong? I'm not saying you were / were not but a lot of people on the road believe they are right but are infact wrong.

    I'm not sure that it will make any difference that the driver was unaccompanied....


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    #5
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,712 Mod ✭✭✭✭Henry Ford III


    Consult a good Solicitor I reckon.

    The L driver deserves prosecution and a €1 or 2k fine also depending on L plates dispalyed or not.


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    #6
    mondeo
    Registered Users Posts: 3,670 ✭✭✭mondeo


    The L driver should be prosecuted, they probably know they are gonna get a big 1k fine so they are attempting to soften the blow by blaming you on the accident.


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    #7
    rs50
    Closed Accounts Posts: 14 ✭rs50


    I'm sure it's not my fault. it was happened on the roundabout that I was already in then suddenly she came from my behind and swerve on my line that's why I hit them....

    Acctually I like to fix it peacefully by asking them to pay the damage that was only cost 200-300euro I think, instead of paying fine 1K by not accompained by qualified driver. But they keep blaming me so I don't have choices but to tell the garda that was on patrol that day. But the thing that I am confused when I mention to the guard they don't do anything about the driver that should get the fine? All I though when the Gardai came they put on the statement about the driver status and should fine them on the spot? Am I right? or I'm dillutional?


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    #8
    newbie2
    Registered Users Posts: 2,477 ✭✭✭newbie2


    rs50 wrote: »
    Am I right? or I'm dillutional?
    Are you foreign? It's just the wording of some of your posts are a little broken english like. the Garda cannot prosecut the offending driver for being unaccompanied because he/she didn't witness the offence. It is essentially your word against the other drivers. this is the same with the accident. If you hit the other driver from behind then it is your fault. if he/she hit you from behind, then it's their fault.


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    #9
    dr.bollocko
    Moderators, Music Moderators Posts: 35,943 Mod ✭✭✭✭dr.bollocko


    You're not in Galway are you?
    Its just I saw an accident very similar to the one you are talking about on a roundabout in Galway last week and would love to come forward if I could help you out.


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    #10
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    rs50 wrote: »
    I'm sure it's not my fault. it was happened on the roundabout that I was already in then suddenly she came from my behind and swerve on my line that's why I hit them....

    Acctually I like to fix it peacefully by asking them to pay the damage that was only cost 200-300euro I think, instead of paying fine 1K by not accompained by qualified driver. But they keep blaming me so I don't have choices but to tell the garda that was on patrol that day. But the thing that I am confused when I mention to the guard they don't do anything about the driver that should get the fine? All I though when the Gardai came they put on the statement about the driver status and should fine them on the spot? Am I right? or I'm dillutional?

    The guard does not fine on the spot. He might apply for a summons later.
    Contact her insurance company. If they do not admit liability; sue!


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    #11
    Vertakill
    Registered Users Posts: 2,262 ✭✭✭Vertakill


    The guards don't like to get overly involved in insurance matters, as there's no need. They're only interested in whether or not someone has broken a law. So in this case I think you should report it to the Gardai because they're trying to blame you on something that's their fault AND they're actually breaking the law by being unaccompanied.

    Would be difficult though without any witnesses I'd imagine.


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    #12
    Esel
    Registered Users Posts: 22,318 ✭✭✭✭Esel


    Give the OP a break guys. It's pretty clear that english is not his first language. :(

    Not your ornery onager



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    #13
    Scottie99
    Registered Users Posts: 1,251 ✭✭✭Scottie99


    dr.bollocko wrote: »
    You're not in Galway are you?
    Its just I saw an accident very similar to the one you are talking about on a roundabout in Galway last week and would love to come forward if I could help you out.
    Was that accident at the Tesco roundabout? I pheckin hate roundabouts in this country..................the amount of people who can't drive around them properly!!:eek::eek::eek::eek::eek::eek::eek::eek::eek::eek:


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    #14
    banditboy
    Closed Accounts Posts: 6 ✭banditboy


    this is the story guys,

    I was on the left side of the roundabout then suddenly she just came in front of me that's why I hit her rear side (Rear Wheel Arch) not her behind, and I hit her with my front side bumper near the wheel arch (not totally my front bumper)

    It was happen in the roundabout from Lusk entering M1 (Dublin) as I came from Skerries Road Race.

    Yes Guys I am a foriegn Sorry for my English, I was trying to get some Advise & Help.

    What If she can change the story and it turns out that is my fault coz she can tell story perfectly than my english which is hard to understand?

    The only evidence that I have is already gone when I stop exactly where the accident is, But she keep going that I need to chase her?

    My point is, If ever she can change the story, she's breaking the law which can cost her €1K? instead of admitting her fault which only I think cost her €200-€300 is that not simple?


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    #15
    ART6
    Registered Users Posts: 2,632 ✭✭✭ART6


    Quite honestly, I think you will have a problem with any claim against the other driver unless you have a witness to the accident, otherwise she can deny that she was ever involved. Certainly you can report it to the Gardai, but since no personal injury was involved it is extremely unlikely that they will do anything. Even if they did, she can claim that you ran into her car, which you admit to doing, and so without witnesses it would be you that would appear to be at fault. As to their prosecuting her for driving unaccompanied, she could simply deny that she was in the car on that day.

    Then the idea of pressurising her by suggesting that it's either a cheque for the damage to your car or you tell the Gardai about her not being accompanied -- that starts to sound a little like blackmail, and I would be wary of doing that.

    While it's not what you want to hear, I suspect that your only recourse will be to pay for your own repairs.


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    #16
    sparkyjo
    Closed Accounts Posts: 88 ✭✭sparkyjo


    sorry to say it but really its useless complaining now its standard practise to call the guards when a road accident happen for this very reason

    the fact that they were a previsional holder really means nothing as you walked away and it sounds like you are lookin for a way to force them to pay probably not going to happen if you take this further its probably going to cost you more than its worth

    in the future if your in a accident call the guards before moving your car or take a load of photos and as most insurance companies in ireland force upon drivers never admit liability!


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    #17
    rs50
    Closed Accounts Posts: 14 ✭rs50


    I know No Evidence No Accident. But I call the Gardai and they responded to the scene (which both car not on the scene spot) and to let them know the the driver is not accompanied by qualified driver, the reason if ever I lost this case they will also got prosecute/fine by breaking the law.

    I have my full comprehensive insurance which I'm not worry about, my only concern is to let them know the rights & wrong. But If this will cost me more I don't have choices but to claim on my own.

    Thanks Guys;)


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    #18
    Victor
    Registered Users Posts: 78,423 ✭✭✭✭Victor


    Report it to the garda. They'll make sure it is sorted out or they'll ask the judge to go harder on her in sentencing.

    Go with a friend with good English to the garda station and make a report. Bring drawings of what happened.

    Did it happen at the Lissenhall junction? http://maps.google.com/maps?f=q&hl=en&geocode=&q=lusk+dublin&ie=UTF8&ll=53.477677,-6.205387&spn=0.009361,0.027294&t=k&z=16

    Or the Five Roads one? http://maps.google.com/maps?f=q&hl=en&geocode=&q=lusk+dublin&ie=UTF8&ll=53.563534,-6.213541&spn=0.009342,0.027294&t=k&z=16


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    #19
    CuppaCocoa
    Closed Accounts Posts: 1,858 ✭✭✭CuppaCocoa


    banditboy wrote: »
    this is the story guys,

    I was on the left side of the roundabout then suddenly she just came in front of me that's why I hit her rear side (Rear Wheel Arch) not her behind, and I hit her with my front side bumper near the wheel arch (not totally my front bumper)

    It was happen in the roundabout from Lusk entering M1 (Dublin) as I came from Skerries Road Race.

    Yes Guys I am a foriegn Sorry for my English, I was trying to get some Advise & Help.

    What If she can change the story and it turns out that is my fault coz she can tell story perfectly than my english which is hard to understand?

    The only evidence that I have is already gone when I stop exactly where the accident is, But she keep going that I need to chase her?

    My point is, If ever she can change the story, she's breaking the law which can cost her €1K? instead of admitting her fault which only I think cost her €200-€300 is that not simple?

    I thought this happened to rs50? Are you two seperate people who just happened to have similar accidents or do you have two accounts? :rolleyes:


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    #20
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    yea I'm getting confused by the multiple posts with 2 different users here....


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    #21
    rs50
    Closed Accounts Posts: 14 ✭rs50


    lilybarlean wrote: »
    I thought this happened to rs50? Are you two seperate people who just happened to have similar accidents or do you have two accounts? :rolleyes:

    sorry lads, it was my brothers account we used 1 computer and forgot to change to my account:D


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    #22
    rs50
    Closed Accounts Posts: 14 ✭rs50


    Victor wrote: »
    Report it to the garda. They'll make sure it is sorted out or they'll ask the judge to go harder on her in sentencing.

    Go with a friend with good English to the garda station and make a report. Bring drawings of what happened.

    Did it happen at the Lissenhall junction? http://maps.google.com/maps?f=q&hl=en&geocode=&q=lusk+dublin&ie=UTF8&ll=53.477677,-6.205387&spn=0.009361,0.027294&t=k&z=16

    Or the Five Roads one? http://maps.google.com/maps?f=q&hl=en&geocode=&q=lusk+dublin&ie=UTF8&ll=53.563534,-6.213541&spn=0.009342,0.027294&t=k&z=16

    It was happen between the junction r126/r127 before entering the M1 southband;)


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    #23
    G-Money
    Closed Accounts Posts: 8,199 ✭✭✭G-Money


    I hate roundabouts as well. Either you drive them incorrectly on purpose and get beeped out of it by other drivers. Or you drive them correctly and still land in the s*** because of others not driving correctly.

    It's a case of damned if you and damned if you don't.

    AFAIK the rules state that you go into the left lane only when approaching a roundabout if you are taking the first exit. For all other exits you approach in the right hand lane. In theory that's good but it can be hard to move across lanes to your exit on those big traffic controlled roundabouts when there's no gaps in the traffic. The M50 Tallaght roundabout is like that and I hate it.

    I also hate the Leopardstown roundabout. If you are coming out of the South County Business park onto it and its any way busy, bring a picnic and a sleeping bag as you will be there for the night. I think the problem is that the Leopardstown road goes onto the roundabout as well and its too close to the South county business park exit. And with the way the traffic flows, and the size of the roundabout, most of the traffic is flowing off onto other roads and if you are trying to get out of the South County business park, you are basically stuck.


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    #24
    daveharnett
    Registered Users Posts: 2,567 ✭✭✭daveharnett


    grandmaster wrote: »
    AFAIK the rules state that you go into the left lane only when approaching a roundabout if you are taking the first exit. For all other exits you approach in the right hand lane.

    You're quite right, most people don't know/care about using roundabouts correctly. You might want to brush up on your own understanding before criticising though...

    http://www.rulesoftheroad.ie/rules-for-driving/junctions-roundabouts/roundabouts.html


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    #25
    dr.bollocko
    Moderators, Music Moderators Posts: 35,943 Mod ✭✭✭✭dr.bollocko


    Huehuehue
    Beat me to it Mr. harnett.
    See this is the problem.


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    #26
    ShayK1
    Registered Users Posts: 5,602 ✭✭✭ShayK1


    grandmaster wrote: »

    AFAIK the rules state that you go into the left lane only when approaching a roundabout if you are taking the first exit. For all other exits you approach in the right hand lane. In theory that's good but it can be hard to move across lanes to your exit on those big traffic controlled roundabouts when there's no gaps in the traffic. The M50 Tallaght roundabout is like that and I hate it.

    FAIL!!!!!

    http://boards.ie/vbulletin/forumdisplay.php?f=909


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    #27
    daveharnett
    Registered Users Posts: 2,567 ✭✭✭daveharnett


    dr.bollocko wrote: »
    Huehuehue
    Beat me to it Mr. harnett.
    See this is the problem.
    ShayK1 wrote: »
    FAIL!!!!!

    http://boards.ie/vbulletin/forumdisplay.php?f=909

    Now now, we are all imperfect creatures. If one person learns something, then it has been a good day.

    Ok, it is kinda funny.


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    #28
    ShayK1
    Registered Users Posts: 5,602 ✭✭✭ShayK1


    daveharnett wrote: »
    Now now, we are all imperfect creatures. If one person learns something, then it has been a good day.

    Ok, it is a kinda funny.

    its not funny its scary!!!


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    #29
    cormie
    Registered Users Posts: 20,836 ✭✭✭✭cormie


    daveharnett wrote: »
    You're quite right, most people don't know/care about using roundabouts correctly. You might want to brush up on your own understanding before criticising though...

    http://www.rulesoftheroad.ie/rules-for-driving/junctions-roundabouts/roundabouts.html

    Just glanced over, but you are saying that he was incorrect in thinking that the left lane is only used for taking the first exit yeah?


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    #30
    ShayK1
    Registered Users Posts: 5,602 ✭✭✭ShayK1


    cormie wrote: »
    Just glanced over, but you are saying that he was incorrect in thinking that the left lane is only used for taking the first exit yeah?

    Yeah!!
    left lane for 1st and 2nd exits, right lane for 3rd.


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    #31
    dr.bollocko
    Moderators, Music Moderators Posts: 35,943 Mod ✭✭✭✭dr.bollocko


    Yeah...
    Thats the one alright....
    The new rules of the road has it dealt with in terms of degrees also rather than exits to clear it up further.
    It is possible that the 2nd exit will require you to use the right lane if it is over the 180 degrees. But if its less, its the left lane unless explicitly stated at an indiv. roundabout.


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