car crash, his fault - next steps?

El Stuntman · 24-08-2008 2:29pm #1

I drive on my wife's insurance policy as a named driver (we only have 1 car) and I have a full, clean driving licence.

On Saturday morning, I was in accident where a car cut suddenly across two lanes without indicating and I hit him as a result. Two other cars immediately stopped and both drivers said it was clearly the other driver's fault. They both gave me their names and numbers. The other driver didn't speak English and was also quite shook so it was pointless trying to communicate with him. I took his registration number and also his insurance disk number. I didn't manage to get his insurance company's name - my toddler was in the backseat (unhurt thankfully) and was hysterical so I was more concerned about her.

I contacted the Guards, 20 minutes later they hadn't showed up and the other driver was keen to get going - the Guards rang me and said it would be another 20 mins so I said leave it, thinking the two witness statements were enough. Pretty sure the scene is also on Garda cctv (major junction in Dublin city centre). I didn't realise at the time due to adrenaline but I've damaged my back and neck also and can hardly move today - I'm going to go to my doctor first thing tomorrow. The car will at the very least need a new door and the clutch is also buggered - no idea how much this will cost to fix:(

I contacted our insurance broker yesterday afternoon and he took very full details. He said the insurer would ring me next week.

What are my next steps? I'm most concerned about my back which is now very painful.

Did I screw up by not waiting for the Guards? Should I contact the two witnesses? Just wait for the insurer to tell me what to do?

Have never been involved in an accident before so really have no idea what to do.

L1011 · 24-08-2008 2:55pm

First off - get the back seen to as if it is injured you'd need early proof of this to show that the accident caused it. It may, however, pass - when I got rear ended recently I was in agony the next day but absolutely fine two days later.

Make sure your broker has contacted the other persons insurer and has made it clear you are making a claim. As its not a 100% clear cut case - there's the possible injury element and the other driver hasn't admitted anything as yet (that you know of) you'll almost definitely have to fill in an accident report and probably meet with an assesor from the other drivers insurers.

If you post the format of the other drivers insurance disc number (not the number), e.g. 3 letters / 3 letters / numbers someone on here is likely to be able to figure out what the insurer is.

Barr · 24-08-2008 4:23pm

I'd contact the third party's insurance company or let your broker do it . Its important to get the ball rolling as soon as possible .Let them contact the witnesses etc

If the third party admitted liability at the scene i wouldnt worry about calling the guards especially since you have witnesses to back you up .

If you have a PI claim , this will have to go through the PIAB process , where you will need to go see a doctor and obtain a medical

Run_to_da_hills · 24-08-2008 4:42pm

If there is an injury involved get a good solicitor immediately. He/ She will guide you through the whole process. A Solicitor will take a PI case before PIAB unlike a quick insurance settlement that could be pittance of whet you should really be entitled to. http://www.injuriesboard.ie/eng/

If the 3rd party is covered by Quinn Direct you can expect a woman out to your house within days offering you a cash settlement to try and shut your mouth. Fine if it is only bodywork or damage to your car that can be assessed but not so if you are injured as long term implications are certainly not taken into consideration.

Gary ITR · 24-08-2008 5:08pm

And get down to the Garda station and report the accident. You will be able to get the other guys insurance company from his policy number (all quinn policy numbers start with 'QMP')

Seth Brundle · 24-08-2008 11:01pm

When going to the garda station, bring a copy of your licence, insurance and NCT (if applicable) as the garda will ask for these.

El Stuntman · 25-08-2008 11:23am

his insurance number was Rxxxxxxx (where x is a number), can I identify his insurer from this? Awaiting my insurer to ring me back.

I went to my doc this morning and I have whiplash injuries so am on anti-inflammatories and painkillers, can't work either. I'll be reassessed then when the swelling goes down but it's likely I'll need some physio as well. Total pain in the hole! :mad:

Do I still need to go to the Guards or not?

L1011 · 25-08-2008 11:31am

For peace of mind, report the incident to the Guards anyway. Either insurer may require an incident number.

FX Meister · 25-08-2008 11:41am

i'd go to the gardai and file a report with them. I'd also say he admitted liability at the scene even if he didnt.

OldmanMondeo · 25-08-2008 11:43am

Barr wrote: »

If the third party admitted liability at the scene i wouldnt worry about calling the guards especially since you have witnesses to back you up .

Please don't rely on this. Some plonker hit my wifes car, Admitted his fault to both myself and her, I was not near when accident happened, but when he filled the insurance claim form he tried to say it was her fault, this was after trying to chase down his insurance detail as he gave the wrong ones.

Basicly, if in an accident, Call the guards, get them out no matter what, get the insurance details yourself off the windscreen and note the full car details. Get any witness names and numbers that are available.

OP, get the back checked out, the car is only nuts and bolts and can be easly fixed, your back needs more than that.

Seth Brundle · 25-08-2008 11:47am

El Stuntman wrote: »

his insurance number was Rxxxxxxx (where x is a number), can I identify his insurer from this? Awaiting my insurer to ring me back.

I went to my doc this morning and I have whiplash injuries so am on anti-inflammatories and painkillers, can't work either. I'll be reassessed then when the swelling goes down but it's likely I'll need some physio as well. Total pain in the hole! :mad:

Do I still need to go to the Guards or not?

1. you don't need to worry about his insurance company - your insurance company will deal with that!
2. look after yourself. I was injured last April and still have a sore neck (most of the time). Doc gave me anti-inflamatorys but they were of no use. Physio is great but the thought that it may go on for much longer (which I'd say it will) is annoying.
3. yes - report the incident with the gardai. You are just registering the event with them, they will record the details but it does not require any work on their end - standard procedure.

El Stuntman · 25-08-2008 11:47am

FX Meister wrote: »

i'd go to the gardai and file a report with them. I'd also say he admitted liability at the scene even if he didnt.

he doesn't speak English (some sort of east European) so this would be a stupid claim to make

Seth Brundle · 25-08-2008 11:48am

FX Meister wrote: »

i'd go to the gardai and file a report with them. I'd also say he admitted liability at the scene even if he didnt.

I wouldn't recommend lying. It may stand against the OP if it went to a court hearing.

El Stuntman · 25-08-2008 11:48am

kbannon wrote: »

1. you don't need to worry about his insurance company - your insurance company will deal with that!
2. look after yourself. I was injured last April and still have a sore neck (most of the time). Doc gave me anti-inflamatorys but they were of no use. Physio is great but the thought that it may go on for much longer (which I'd say it will) is annoying.
3. yes - report the incident with the gardai. You are just registering the event with them, they will record the details but it does not require any work on their end - standard procedure.

thanks kbannon, exactly the info I was looking for

paddydriver · 25-08-2008 12:14pm

El Stuntman wrote: »

he doesn't speak English (some sort of east European) so this would be a stupid claim to make

Maybe it suited him not speak English at the time? You may find that he suddenly becomes very fluent in the language when it suits him - i.e. when he tries to deny he was at fault.

El Stuntman · 25-08-2008 1:45pm

paddydriver wrote: »

Maybe it suited him not speak English at the time? You may find that he suddenly becomes very fluent in the language when it suits him - i.e. when he tries to deny he was at fault.

well I just found out that he's fluent in giving a false name and phone number

off to the Guards I go :rolleyes:

FX Meister · 26-08-2008 9:31am

spa probably has fake insurance too. To be honest it's your own fault for letting him go without the cops getting there. Gardai are pretty hard to deal with in cases like this, especially if the guy is a chancer and it's more work for them. Didn't you get suss at all when he played the whole can't speak english thing? At least you have the motor insurance bureau as a last resort. Where was he from?

FX Meister · 26-08-2008 9:35am

kbannon wrote: »

I wouldn't recommend lying. It may stand against the OP if it went to a court hearing.

It can't be proven that the op is lying so it won't stand against him. It just makes it a little easier in the op's case. Car accidents are never treated as black and white, the op is in the right so what's wrong with adding a little leverage in his favour?

audismelly · 26-08-2008 1:00pm

El Stuntman wrote: »

he doesn't speak English (some sort of east European) so this would be a stupid claim to make

sorry just wondering why this driver wasnt tested for drink driving. id make him wait for gards

El Stuntman · 26-08-2008 1:58pm

audismelly wrote: »

sorry just wondering why this driver wasnt tested for drink driving. id make him wait for gards

it was 10am and he didn't smell of booze

he's been tracked down anyway and has valid insurance with AXA, so I go through them to get the car sorted. I'm getting my injuries assessed and legal advice to see whether it's worth pursuing a PI claim - interesting that the broker referred it onto a solicitor immediately.

Trampas · 26-08-2008 2:21pm

even if he admits that it was his fault his insurance company have the right to change that.

audismelly · 27-08-2008 2:04am

El Stuntman wrote: »

it was 10am and he didn't smell of booze

he's been tracked down anyway and has valid insurance with AXA, so I go through them to get the car sorted. I'm getting my injuries assessed and legal advice to see whether it's worth pursuing a PI claim - interesting that the broker referred it onto a solicitor immediately.

10am, he could have been drinking vodka till 7am. anyway you cant be to careful.

best of luck with it all

cabrwab · 27-08-2008 9:09am

Only just saw this thread @op your lucky you got the bugger!

I hope the back is ok, i was ran into last year and since then my back goes through painful spats.

Didn't start feeling sore until a day or 2 later.

Always wait for the fuzz to arrive 40mins or not you need to get everything checked and insurance companies love having the incident number.
Don't worry about it now. Hopefully it all gets sorted.

FrankGrimes · 28-08-2008 12:02am

Thought it better to post here instead of posting a new thread. I was rear-ended in rolling traffic approaching a roundabout by a woman in an SUV last week. She accepted full liability (I'd say she was looking back at her kid in the rear seat).

I got an estimate from a garage that came to €5k for all the damage to the back of my 2003 VW Passat. I was very surprised at the force of the impact and the amount of damage done - heavy things those SUVs (BMW X5).

There was a crack to a fuel line in the front beside the engine and my mechanic mate patched that up so I could get it to the garage, though they forgot to include that in the estimate. My mechanic mate replaced my CV bolts and joints a while back and given the price of VW parts, I went with generic "spurious" parts. They work fine but every now and then (once a day) the ABS sensor would kick in when breaking and just make a noise. Since the crash it now happens every ten minutes, so I think it will affect the resale value. What should I do to get that addressed?

Assessor for her insurer (Allianz) had a look on Monday and said he'll get in touch with the garage and the insurers will get back to me. I mentioned the 2 above items to him. Is there anything normally done for the probable impact to the resale value (i.e. even when the damage is repaired someone might be wary of buying a car that has been in a crash)?

felim · 28-08-2008 1:30pm

FrankGrimes wrote: »

Is there anything normally done for the probable impact to the resale value (i.e. even when the damage is repaired someone might be wary of buying a car that has been in a crash)?

If your car is less than 5 years old you are entitled to 10% of the total repair bill in compensation for the depreciation caused by the accident.

FrankGrimes · 28-08-2008 1:33pm

Any thoughts on this?

Am particularly eager to figure out if I need to do anything about claiming for the loss in resale value. Just saw another thread on here where a replaced rear bumper and boot was one of the factors in a guy deciding against buying a 320. The buyer had genuine concerns and if that's going to affect the resale value of my car I don't think I should have to incur that loss due to the woman driving into the back of me.

Seth Brundle · 28-08-2008 2:46pm

felim wrote: »

If your car is less than 5 years old you are entitled to 10% of the total repair bill in compensation for the depreciation caused by the accident.

Source?
I can't imaging anything legally enforceable on this is out there!

knird evol · 28-08-2008 4:01pm

op thats not as clear cut as you might think. its counter intuitive but if someone bails into your lane your supposed to react and stop in time (even though this could be impossible). otherwise you could plough into any cowboy that cuts you off on the road and say that you had right of way and claim off their insurance.

daveharnett · 28-08-2008 4:29pm

knird evol wrote: »

op thats not as clear cut as you might think. its counter intuitive but if someone bails into your lane your supposed to react and stop in time (even though this could be impossible). otherwise you could plough into any cowboy that cuts you off on the road and say that you had right of way and claim off their insurance.

Fair enough, but the OP has two independent witnesses who say he was in the right.

knird evol · 28-08-2008 4:48pm

daveharnett wrote: »

Fair enough, but the OP has two independent witnesses who say he was in the right.

Yes, and that will probably save him, because otherwise theres only damage to the front of his car and the side of other guys - showing he hit them. The witnesses can't say who was 'right' not their job. They can say the idiot made an unsafe maneuvre without indicating. The problem is that from a legal point of view the theory is that you are always driving at such a speed, in such a manner, and with such Awareness of whats going on around you that if a dog runs out, if someone drives in front of you or if meteor hits the road front of you that you can React to it and avoid this. This theory doesn't always work in the real world situation, but its framework that insurance companies and the legal system take into account.
Im not saying the OP won't get fully compensated - I just think he is being overly complacent. Theres alot of difficulty and pitfalls in these things, traffic accidents are loose loose situations mostly. Your lucky if you can get out of it even.

felim · 29-08-2008 10:03am

kbannon wrote: »

Source?
I can't imaging anything legally enforceable on this is out there!

I have no idea if it's legally enforceable but the last two crashes I have been in the other insurers paid out the 10%. I was told by my own broker (Frank Glennon) about this initially. The last wrangle I had with an insurance company was with Axa and they settled but did not include this 10%, I rang them and asked why they hadn't included it and they immediately sent me out a cheque.

I did a quick google on it and found the following on a solictors website:

http://www.liamfcoghlan.com/itemfive.html

Scroll down to the Damages section of that page and you'll see this mentioned under the depreciation heading. He uses the term "generally", so I guess it may not be legally enforceable like you suspect.

car crash, his fault - next steps?

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