Rear Ended :(

Princess Zelda

Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it. The car behind me was travelling at speed (the road was wet) and about 2 feet behind me and rear ended me. He refused to stay at the scene, even though I told him that I was going to call the Gardaí. He gave me his mobile number and told me that women should not be on the road. I have just rang him to see if he wants to go through the insurance company or does he want to sort this out. He told me he would ring me back in an hour. I have got the impression off him that he wants me to pay for the damage to my car. Can anybody give me any advice what my next step should be?

Owen

You do two things. You ring the gardaí, or visit a station and say exactly what you said here, and you ring your insurance company.

He has left the scene of an accident which he was at fault in. It doesn't matter if you gently touched the brakes, or stamped on them - the car following behind you must always be far enough behind to come to a complete stop.

Anan1

Inform your insurance company and let them deal with it.

si_guru

Princess Zelda wrote: »

Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it. The car behind me was travelling at speed (the road was wet) and about 2 feet behind me and rear ended me. He refused to stay at the scene, even though I told him that I was going to call the Gardaí. He gave me his mobile number and told me that women should not be on the road. I have just rang him to see if he wants to go through the insurance company or does he want to sort this out. He told me he would ring me back in an hour. I have got the impression off him that he wants me to pay for the damage to my car. Can anybody give me any advice what my next step should be?

FFS... ring the Gardai.. did you take his reg number?

Princess Zelda

Oh I have his reg number all right. He just seemed to try to apportion the blame onto me.

Penn

Princess Zelda wrote: »

Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it. The car behind me was travelling at speed (the road was wet) and about 2 feet behind me and rear ended me. He refused to stay at the scene, even though I told him that I was going to call the Gardaí. He gave me his mobile number and told me that women should not be on the road. I have just rang him to see if he wants to go through the insurance company or does he want to sort this out. He told me he would ring me back in an hour. I have got the impression off him that he wants me to pay for the damage to my car. Can anybody give me any advice what my next step should be?

As far as I know, he rear-ended you, so he's liable for all costs. Whether it be not leaving enough safe distance, or him braking too late, or tailgating.... he is responsible. I don't know about what you should do next though, but if you feel he's going to be difficult, you might want to call the gardai. Not sure what they can do having not been called to the scene when it happened though.

Also, if you're talking to the gardai, don't say he was 2feet behind you, because I seriously doubt he was that close

Big Nelly

Princess Zelda wrote: »

Was giving my granny a lift to the doctors about an hour ago, when I had to brake slightly due to something falling under my accelerator and I had to remove it.

What fell under the accelerator and explain brake slightly? if you are removing something from under the accelerator how where you keeping your eyes on road?

Not saying your fault but just looking for explanation!!

az2wp0sye65487

Inform insurance company & Gardaí, give them his reg & phone number.

Sand Wedge

As far as i am aware gardai should only be called to the seen if someone was injured in the accident. Where there is only damage to the cars, there is no need for Gardai to be called out. If you like you can make a statment at your local Garda Station.

I stand to be corrected on this.

ParkRunner

Princess Zelda wrote: »

W when I had to brake slightly due to something falling under my accelerator and I had to remove it.

Just out of interest what fell under the accelerator? The driver behind you must have been travelling far too fast!

colm_mcm

yep, I wouldn't go out of my way to tell people about the accellerator thing,

regardless of the circumstances, the other guy is in the wrong. you had to make an emergency stop and he wasn't keeping the correct distance.

Def ring the Gardai

cojomo2

EF wrote: »

Just out of interest what fell under the accelerator? The driver behind you must have been travelling far too fast!

I'm guessing it was a sat nav

Princess Zelda

Big Nelly wrote: »

What fell under the accelerator and explain brake slightly? if you are removing something from under the accelerator how where you keeping your eyes on road?

Not saying your fault but just looking for explanation!!

Oh its something thats used to clean the front windows. I did have my eyes on the road, just had to scoot slightly sideways to grab it. I didn't want to leave it under the accelerator. By braking, I mean touched the brake. This is what I am worried about, that I could be at fault because of this.

colm_mcm

just say you had to slow down as something fell off the dash, don't mention where it fell.

Reginald P. DuM

At what point did you mention that you were going to contact the Gardai?

Was it before or after he decided he wasn't hanging round?

If he has reason to fear their involvement then you have him in your pocket I think. I have seen it happen.

KamiKazi

Princess Zelda wrote: »

He gave me his mobile number and told me that women should not be on the road.

haha, what a hero :pac:

Anyway, report the twat for leaving the scene of an accident.

Big Nelly

Sand Wedge wrote: »

As far as i am aware gardai should only be called to the seen if someone was injured in the accident. Where there is only damage to the cars, there is no need for Gardai to be called out. If you like you can make a statment at your local Garda Station.

I stand to be corrected on this.

Not correct, my car got side swipped about a year ago, guy was a pain, she was driving company car and started going on I shouldnt care cause his car was newer than mine and would cost him more. I stood my ground and got all details, insurance etc off front window. Rang the company insurance and he hadn't said anything(probably would get into trouble with his company). Told insurance company what happened and they asked if Garda has attended accident. I said no and they told me if he was being a problem should have rang them. Everything went ok anyway and they paid up. Someone from company rang to say sorry but this was after insurance company had done review of car.

Brother works in insurance and there was so much damage and 3 witnesses I could have claimed for personal injury

az2wp0sye65487

Princess Zelda wrote: »

Oh its something thats used to clean the front windows. I did have my eyes on the road, just had to scoot slightly sideways to grab it. I didn't want to leave it under the accelerator. By braking, I mean touched the brake. This is what I am worried about, that I could be at fault because of this.

You're not at fault for breaking. That's what your break lights are for, warning other drivers that you are slowing down. The driver behind should be far enough away & travelling at a distance that allows him to stop before rear-ending you.


EDIT: Just thinking, I've seen cars from time to time (on a motorway on a couple of occasions) breaking, without any break lights being activated.... what happens in that situation? Anybody know who is at fault if you are rear-ended; but you're break lights weren't working at the time?

Big Nelly

Princess Zelda wrote: »

Oh its something thats used to clean the front windows. I did have my eyes on the road, just had to scoot slightly sideways to grab it. I didn't want to leave it under the accelerator. By braking, I mean touched the brake. This is what I am worried about, that I could be at fault because of this.

Why didn't you indicate and pull to side of road?

Big Nelly

Armando Lazy Memento wrote: »

You're not at fault for breaking. That's what your break lights are for, warning other drivers that you are slowing down. The driver behind should be far enough away & travelling at a distance that allows him to stop before rear-ending you

Don't think your correct there, you can't slap on brakes for no reason in middle of road

Princess Zelda

Reginald P. DuM wrote: »

At what point did you mention that you were going to contact the Gardai?

Was it before or after he decided he wasn't hanging round?

If he has reason to fear their involvement then you have him in your pocket I think. I have seen it happen.

It was when he was trying to drive off the first time after telling me he would sort out his damage himself. I know that its an offence to leave the scene without exchanging details, but there was no way of me stopping him, and I didn't want to get into a huge confrontation with my granny in the car.

3DataModem

Sand Wedge wrote: »

As far as i am aware gardai should only be called to the seen if someone was injured in the accident. Where there is only damage to the cars, there is no need for Gardai to be called out. If you like you can make a statment at your local Garda Station.

I stand to be corrected on this.

Agreed generally, but he fled the scene so a serious offence was committed.

Princess Zelda

Big Nelly wrote: »

Why didn't you indicate and pull to side of road?

In retrospect I should have, but it wasn't a case that I was going to be rooting around for a few minutes, it was just literally to get the object and move it. I just did it instinctively.

Seth Brundle

FWIW the driver behind wasn't travelling "too fast" unless the OP was also going "too fast".
The OP should report the driver for both the incident and the drivers behaviour following the incident.
@OP I would have no further dealings with the driver. Let your insurance company deal with it. The fact that you were reaching down meant that you were possibly driving with due care and attention but (IMO) this had no bearing on the culpability of the other driver who should have kept a safe distance behind.
I would also recommend that you get yourself and your gran checked out (if you haven't already done so). I am still suffering from frequent migraines and neck problems from an incident almost two years ago.
Get your car checked out also. There may be no visible damage but there could be plenty underneath. You can also nominate where you want to get the car repaired (should this be necessary) regardless what anyone (including your insurance company) tell you!

Seth Brundle

Big Nelly wrote: »

Don't think your correct there, you can't slap on brakes for no reason in middle of road

says who?

3DataModem

Big Nelly wrote: »

you can't slap on brakes for no reason in middle of road

Correct.. it is not a particularly safe maneuver.

But that didn't cause the accident, what caused the accident was the failure of the following car to maintain a safe distance.

I know it's a cliche but what if a kid had run out in front of the OP? This is why we have breaking distances, for the unexpected... not normal driving.

kona

colm_mcm wrote: »

just say you had to slow down as something fell off the dash, don't mention where it fell.

Bit harsh to lie about what happened?, Im sure the Gards will deal with the guy who rear ended her for what he did.

Surely The OP contributed alot to the accident? I mean she decided to randomly stand on the brake and reach down into the footwell to pick some thing up.

She should have pulled over no?

I have to say If I was the fella involved it be quite pissed off at this.

az2wp0sye65487

Big Nelly wrote: »

Don't think your correct there, you can't slap on brakes for no reason in middle of road

Nobody slapped on the breaks, the OP described it as breaking slightly; and it wasn't for no reason. There was an obstruction under the accelerator.

Big Nelly

Princess Zelda wrote: »

In retrospect I should have, but it wasn't a case that I was going to be rooting around for a few minutes, it was just literally to get the object and move it. I just did it instinctively.

See kbannon above, please note there is no way you can get anything from the ground in a car without taking your eyes off the road. If it goes to court you will be seen as driving without care, you have item in car falling around, hit brakes without due care for other drivers and took eyes off road. From a law point of view he could sue you!! again brother works for insurance company so I know the spin

Big Nelly

Armando Lazy Memento wrote: »

Nobody slapped on the breaks, the OP described it as breaking slightly; and it wasn't for no reason. There was an obstruction under the accelerator.

Again not starting a big row here, natural reaction if anything fall down under accelarator is to hit brakes, OP has already said she moved without taking eyes off road, this is impossible, unless OP has a witness it is her word against his.

Princess Zelda

Thanks guys. Looks like the blame is being split on this forum. I never said that I was totally innocent, but I don't think that I am wholly to blame either. I did not slam on the brakes, and I didn't want to leave the item there obstructing the accelerator. I just was peeved with his attitude and failure to share details.

Seth Brundle

As I said, I don't believe that the OP is to blame. The other driver hit her and what the OP was doing is largely irrelevant in this case as it appear to have had little influence on the fact that the other driver was too close to be able to either slow down or stop if necessary!

kona

Armando Lazy Memento wrote: »

Nobody slapped on the breaks, the OP described it as breaking slightly;.

I doubt she gently Dabbed the Brakes, that doesnt cause you to be rear endend.
Also Id imagine tappin the brakes at 60(for arguments sake) will bring you down to 55 maybe. Now if the OP got rear ended at this speed while her head was down in the footwell, Id imagine her head would be too sore to post on boards.ie

Armando Lazy Memento wrote: »

and it wasn't for no reason. There was an obstruction under the accelerator.

Brakes and to a lesser extent clutch is one thing, unless she wanted to floor it, then There is no need to jam on your brakes in the middle of moving traffic to remove a obsticle from that region( In fact you should have the cop on not to have random **** flying around the car when driving). She could easily, indicate and pull over and stop safely.

While the guy that rear ended her is at fault and likely to be in major **** with the gards. The OP has to be blamed somewhat.

Forgive the drama but how about a she hit a pedestrian or cyclist while she did this? We'd be blaming her.
I can see this thread being closed.

Paulw

Big Nelly wrote: »

See kbannon above, please note there is no way you can get anything from the ground in a car without taking your eyes off the road. If it goes to court you will be seen as driving without care, you have item in car falling around, hit brakes without due care for other drivers and took eyes off road. From a law point of view he could sue you!! again brother works for insurance company so I know the spin

The OP could have removed the object from under the accelerator with her foot, rather than having to reach down.

How can he sue the OP? You can't sue someone for driving without due care and attention. That's a matter that the Gardai would have to prosecute.

The guy was not driving with enough distance to safely stop.

Let the insurance companies sort it out. Report it to the Gardai and to your insurance company.

alexlyons

kona wrote: »

I mean she decided to randomly stand on the brake and reach down into the footwell to pick some thing up.

don't think she did...

Princess Zelda wrote:

when I had to brake slightly

Big Nelly wrote:

please note there is no way you can get anything from the ground in a car without taking your eyes off the road

Thats rubbish, you can easily do it. I'm not saying it doesn't distract you, but its perfectly possible. The guy wasn't far enough behind, he should be well capable of reacting to the OP's "braking slightly". If it was random in the middle of the road, he may not have noticed as he wasn't expecting it, but that makes it his own fault.

TheColl

OP is 100% in the right here... The car travelling behind should have been far enough back to react to any manoeuvre by the OP, especially something as simple as slight braking. Even if the OP jammed on the brakes the following driver should still be able to stop in time. He didn't stop in time so clearly he was not leaving a safe distance betweeen himself and the car in front.

You have his reg and contact details. If he gets back to you then inform him that you will get your car checked out fully as there may well be damage done that can't be seen until the car is up on a ramp and insist that he pays in full for any necessary repairs. If he isnt happy with this then get in contact with your insurance company and tell them everything.

Big Nelly

What car do you drive?

kona

alexlyons wrote: »

don't think she did... .

And you believe that? shes not going to come on here and say she jammed on. It doesnt make sense.

alexlyons wrote: »

Thats rubbish, you can easily do it. I'm not saying it doesn't distract you, but its perfectly possible. The guy wasn't far enough behind, he should be well capable of reacting to the OP's "braking slightly". If it was random in the middle of the road, he may not have noticed as he wasn't expecting it, but that makes it his own fault.

I dont think her not keeping her eyes on the road caused the accident. I do however think that why the **** would you brake or pull a manouver like that if you knew some guy was tailgating you?

She said he was too close so she must have known that braking would cause a potential accident.

I think a accident like this is 50/50.

You have to remember your only getting one side of the story here, there are another 2, the other partys, and the truth.

Big Nelly

sorry a question I missed, did you actually check your mirrors before you braked? if it wasnt a big deal under the accelarator you should of had time to check mirrors!

BennyLava

To Kona

"I dont think her keeping her eyes on the road caused the accident. I do however think that why the **** would you brake or pull a manouver like that if you knew some guy was tailgatin you?

She said he was too close so she must have known that braking would cause a potential accident."

So by your logic, if a child runs out in front of a driver, they should check to see if the car behind them is to close before they break? Rubbish the driver behind her is at fault, the onus is on him to maintain a safe distance so that he can react to what she did, he was to close so he hit her when she braked, his fault O.P. ring the Garda and report the accident and ring the insurance company as well, his fault not yours

spurious

It makes no difference if she jammed on, slightly tipped them or was singing Dixie.
The car behind hit her. The driver behind had not left enough space to stop safely. Following car 100% culpable.

cgc5483

kona wrote: »

I think a accident like this is 50/50.

You rear-end someone then your 100% at fault, never seen it given any other way. Basic rule is you have to maintain a safe distance be able to stop no what the car in front does (even if something that isn't ideal driving)

langdang

Write down all the details while they are still fresh in your mind.
Go straight to your insurance and report it.

Would really help here if you have fully comp, if you're "3rd party fire and theft" (TPFT) then you're fighting your own battle unfortunately. If you only have TPFT, then you will definitely have to report it AND follow it up with the Gardai if there's damage that you need to claim against his insurance for.

Fully comp you may just have to make a brief statement to Gardai including the reg number, and you're insurance will probably handle everything else??
They may look after tracking down this guy via the reg number?

There's two things here
1) The accident, which from an insurance point of view is fairly straight forward (generalising a bit but)- he hit you from behind, he's in the wrong.
The gardai probably won't care about how or why, as long as no-one was obviously hurt/drunk at the scene.
2) Him leaving without exchanging the required details. This is a matter for Gardai, especially if you only have TPFT, hopefully the reg you have is correct and not falsified...

I would see them as separate issues - one civil, one possibly criminal, and the Gardai will most likely only concern themselves with the criminal part - ie the part where he is most definitely at fault and you have nothing to answer for..
that said, I'm no Garda or lawyer...

Big Nelly

cgc5483 wrote: »

You rear-end someone then your 100% at fault, never seen it given any other way. Basic rule is you have to maintain a safe distance be able to stop no what the car in front does (even if something that isn't ideal driving)

Serious, leaving this thread now, does anyone know the law on the roads! you are all living in a wonder land!

kona

BennyLava wrote: »

To Kona

"I dont think her keeping her eyes on the road caused the accident. I do however think that why the **** would you brake or pull a manouver like that if you knew some guy was tailgatin you?

She said he was too close so she must have known that braking would cause a potential accident."

So by your logic, if a child runs out in front of a driver, they should check to see if the car behind them is to close before they break? Rubbish the driver behind her is at fault, the onus is on him to maintain a safe distance so that he can react to what she did, he was to close so he hit her when she braked, his fault O.P. ring the Garda and report the accident and ring the insurance company as well, his fault not yours

Em there is a difference between a object under a accelerator and a ****ing Child/ puppy/ wheelchair/ special needs /*insert innocent victim* jumping infront of you. cop on.
Obviously if it was under the accelerator, it wasnt having a effect on her being able to maintaing a constant speed:rolleyes:

By my logic, Id have swerved around the child. By my logic Id have pulled over and remover the object. I certainly wouldnt have braked KNOWING a car was too close to me.

kona

cgc5483 wrote: »

You rear-end someone then your 100% at fault, never seen it given any other way. Basic rule is you have to maintain a safe distance be able to stop no what the car in front does (even if something that isn't ideal driving)

And what is your job?

TouchingVirus

Big Nelly wrote: »

Serious, leaving this thread now, does anyone know the law on the roads! you are all living in a wonder land!

Until you start quoting the law yourself I'm inclined to believe that accidents involving a full-on rear-ending are always the fault of the following driver. They must always maintain a distance that allows them stopping fully without collision, no matter the weather, speed, whether the person in front jams on, slows down easily or their timing belt snaps and seizes the engine.

BennyLava

kona wrote: »

Em there is a difference between a object under a accelerator and a ****ing Child/ puppy/ wheelchair/ special needs /*insert innocent victim* jumping infront of you. cop on.
Obviously if it was under the accelerator, it wasnt having a effect on her being able to maintaing a constant speed:rolleyes:

By my logic, Id have swerved around the child. By my logic Id have pulled over and remover the object. I certainly wouldnt have braked KNOWING a car was too close to me.[/quote

The point been the car behind was too close, their fault not hers

langdang

Big Nelly wrote: »

does anyone know the law on the roads! you are all living in a wonder land!

Unfortunately - the law, the ROTR, and how insurance companies and other drivers interpret them don't always equate to common sense.

From a common sense point of view,
a)having stuff rattling around your cabin that fall behind a pedal is careless
b)picking stuff up from behind a pedal while driving may be careless/dangerous
And, although this may not be the case here,
c) the commonly held attitude that you could jam on the brakes anywhere, pull up the handbrake and have a sandwich "because I'm entitled to stop where ever I want, you're at fault if you hit me" is just another example of whats wrong with Ireland.

But in general, from an insurers point of view,it seems that if you hit someone from behind, the insurer will consider you at fault... unless we're all the victims of some kind of urban myth?

Paulw

langdang wrote: »

b)picking stuff up from behind a pedal while driving may be careless/dangerous

The OP never said she picked up anything, just that she removed the obstruction. This may not have required use of her hands, nor her having to look.

She could have removed the object using her feet.

langdang

Paulw wrote:

The OP never said she picked up anything, just that she removed the obstruction. This may not have required use of her hands, nor her having to look.

She could have removed the object using her feet.

Princess Zelda wrote: »

Oh its something thats used to clean the front windows. I did have my eyes on the road, just had to scoot slightly sideways to grab it. .

Well sorry pedantic paul, you are correct, she may have been driving barefoot and have an opposable big toe.




But I doubt it.