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Car accident problem

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  • 05-01-2009 12:03am
    #1
    zbalazs79
    Closed Accounts Posts: 6 ✭


    I had a bit of prob. happened to me today. I was driving on the M7 towards Limerick this afternoon, my bro in law was driving just exactly behind me as we dropped our parents back together to Dub. Airport after Xmas visit. I was doing 110km/h just under the speed limit and overtook an 08 Porsche Cayenne first and was going to take over the next car in front of him an 08 VW Golf. Both cars were driving around 95-100km/h.I t was around 10-15metres in front of me and the lady was driving just came halfway into my lane without any indication and no lights on whatsoever.

    The road was slippy alright, weather conditions were not bad apart from this. I was still under the speed limit, I pressed the brake suddenly, lost control as the car started to slip, made 2 donuts hitting the steel wire fence first with the front second with the back bumper, and stopped, the engine was still running. I'd say to have it fixed will be more money than the car's value itself.

    I got out the car without any injuries, nd my brother in law was trying to roar and shout to the old lady towards her closed window. The man who saw the accident from the Porsche Cayenne got out, and by the time I got there and without a single word being said to the old lady driving the VW Golf and causing the accident, he was telling to the lady that he saw everything and it was not her fault because I was driving 140km per hour he claimed that it was my fault only and recommended to drive off, if anything happens he will cover her - he said. I tried to explain to the man he was not right, they just fecked off right away, but managed to note the lady's reg, who caused the accident.

    Called the Gardai, 2 lady garda came, explained the whole story to them, and told them that i only have a third party fire and theft insurance, they said they'd go and find the lady, but as there was no damage made to her car, and if she didn't admit that I'd be screwed because I have no comprehensive insurance, and face all the charges. She said she'd phone me, and the car got towed away, so if she will not admit I gotta face all the charges. I have been driving for 12 years anyway, and never had a single accident or crash ever.

    I have my brother in law as a witness, and still waiting for the call for 9 hours from the garda after the accident, but at the moment just wondering what to expect now, or had anyone been involved in a situation like this?

    Nevermind the few grand down the drain for the car's value and the towing charges on the top of that, but if she had not come in to my lane, it would have never happened, and I don't feel myself responsible for it at all like.


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    #2
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    First, Forget about the guy in the porsche.
    The Gardai could do her for careless driving if your brother-in-law goes as witness. She prob won't be done for leaving the scene as there was no collision. Unfortunately, to recoup you money you'll prob have to take a civil suit against the driver of the golf.


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    #3
    zbalazs79
    Closed Accounts Posts: 6 ✭zbalazs79


    Still waiting 4 the call from Gardai, but I was thinking about the same filing a civil case against the driver of the VW Golf
    CharlieCroker wrote: »
    First, Forget about the guy in the porsche.
    The Gardai could do her for careless driving if your brother-in-law goes as witness. She prob won't be done for leaving the scene as there was no collision. Unfortunately, to recoup you money you'll prob have to take a civil suit against the driver of the golf.


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    #4
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,853 Mod ✭✭✭✭Seth Brundle


    Firstly notify your insurance company and get their advice. I would then talk to a solicitor.


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    #5
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    Hate to be a pill, but if the road was that slippery you were moving too fast for the conditions. However, if the other driver can be implicated you should be able to get *some* of the costs, but remember she has a witness too.


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    #6
    zbalazs79
    Closed Accounts Posts: 6 ✭zbalazs79


    Talked to the Gardai they hadn't gone yet to find the lady, she kept telling me the same that because mine was the only car crashed, they won't do too much for me. Filed a claim through Hibernian, and gave the lady's reg. who caused the accident they found she had a policy with them as well, but they're waiting for the Gardai's response as well, so I'm afraid I'll have to face all the charges for an accident I did not cause, as well as I have a useless car now up in Naas about 150mls from me. No good expectations for the New Year.
    nipplenuts wrote: »
    Hate to be a pill, but if the road was that slippery you were moving too fast for the conditions. However, if the other driver can be implicated you should be able to get *some* of the costs, but remember she has a witness too.


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    #7
    SPARTAN33
    Closed Accounts Posts: 131 ✭✭SPARTAN33


    Sorry to hear about your accident, your right what a ****ty way to start the new year. Not sure how you will fare out with a civil suit at the end of the day the courts will see it as two against two and civil matters can really drag out and their are legal costs involved, and your witness is your brother so they might see that as being a biased view. As regards Hibernian, I had an inccident with a guy a while ago, he came into the side of me but we didnt have any witnesses and the guards the didtn come out, I found Hibernian who I have my policy with not that helpful, they seemed to be more accomodating for the guy who crashed into me, so I wouldnt hold your breath with them (Hibernian) chasing anything up.

    Hope you get it sorted, and yout back on the road soon


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    #8
    robtri
    Registered Users Posts: 5,473 ✭✭✭robtri


    nipplenuts wrote: »
    Hate to be a pill, but if the road was that slippery you were moving too fast for the conditions. However, if the other driver can be implicated you should be able to get *some* of the costs, but remember she has a witness too.

    Sorry Dude, have to agree with nipplenuts, if road was that slippery, you where driving too fast, speed limit doesn't come into it, as it only shows the upper limit, but you have a responsibility to drive according to the conditions of the road and the surrounding enviroment(fog wind etc)
    with no other car involved in the actual accident, you are really in a tough spot and more than likely going to have to suck it up a lot..
    but seek legal advice from a solicitor....


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    #9
    mumblin deaf ro
    Registered Users Posts: 604 ✭✭✭mumblin deaf ro


    Sorry to hear that - sounds like a bad situation, but at least you weren't hurt. She should have indicated and should have checked her blind spot. It would seem unfair that you took action to avoid an accident of someone else's making and end up carrying the full cost.


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    #10
    zbalazs79
    Closed Accounts Posts: 6 ✭zbalazs79


    But it would have never happened had she not come in front of me into my lane. The Gardai is not too eager to find the lady too, I'd say speedy driving is not the case, even the Gardai did not mention anything about that, but lesson has been learned, have a comprehensive insurance, and be much more careful, because you have to be prerpared for other feckers' mistake as well. It's still embarassing for me but would have been better from my point of view had i crashed into her, she would have never left the scene, and there would be a more proper investigation also probaly, but always look at the bright side of life, wife and baby was more than happy that I came home in one piece. Car can be replaced, life can't.
    robtri wrote: »
    Sorry Dude, have to agree with nipplenuts, if road was that slippery, you where driving too fast, speed limit doesn't come into it, as it only shows the upper limit, but you have a responsibility to drive according to the conditions of the road and the surrounding enviroment(fog wind etc)
    with no other car involved in the actual accident, you are really in a tough spot and more than likely going to have to suck it up a lot..
    but seek legal advice from a solicitor....


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    #11
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,853 Mod ✭✭✭✭Seth Brundle


    zbalazs79 wrote: »
    No good expectations for the New Year.
    The glass is not half empty - its half full!
    You could have been killed (or killed someone else).
    zbalazs79 wrote: »
    But it would have never happened had she not come in front of me into my lane.
    Or if you weren't going as fast, or if the surface wasn't slippery, or if you were at home in bed...
    zbalazs79 wrote: »
    The Gardai is not too eager to find the lady too
    Its not really a garda matter - you would be pursuing a civil action which has nothing to do with them.
    zbalazs79 wrote: »
    but always look at the bright side of life, wife and baby was more than happy that I came home in one piece. Car can be replaced, life can't.
    That's the spirit!


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    #12
    pburns
    Registered Users Posts: 2,423 ✭✭✭pburns


    nipplenuts wrote: »
    Hate to be a pill, but if the road was that slippery you were moving too fast for the conditions. However, if the other driver can be implicated you should be able to get *some* of the costs, but remember she has a witness too.

    Have to agree...

    I'm not one of the anti-speed brigade but you seem quite staunch about the fact you were under the legal limit. However given the state of the roads this past week or so that is not necessarily a safe speed - you have admitted yourself the surface was slippery.

    As for taking civil action against the other driver :rolleyes:. Just be thankful you came out of it in one piece...


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    #13
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    She was in front of you, she moved to switch lanes, she didn't hit you, the conditions were bad, you were driving to fast to control the car in these conditions.... That's all that will be said if you try to go to court - The accident had nothing really to do with the lady and there's a witness to say you were speeding. I'd drop it and try to get on with sorting out your car yourself or you're going to dig yourself a big hole!


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    #14
    zbalazs79
    Closed Accounts Posts: 6 ✭zbalazs79


    steve06 wrote: »
    She was in front of you, she moved to switch lanes, she didn't hit you, the conditions were bad, you were driving to fast to control the car in these conditions.... That's all that will be said if you try to go to court - The accident had nothing really to do with the lady and there's a witness to say you were speeding. I'd drop it and try to get on with sorting out your car yourself or you're going to dig yourself a big hole!

    Got the car sorted, will get 250 off the local mechanic for it (engine, suspension, tyres, 4 doors and interior are fine, but there would be too much panel and painting work to be done to be worth fixing), and I can keep the tax book and apply for motor tax refund, still 4 month left on it. At least something, I have gotten through the situation already.


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