Advise on open claim

Cookmeister

Hi guys,

I was involved in a collision coming off a roundabout in in Cork 2 months back. I was exiting in the overtaking lane when a car that was initially in front of me which remained on the roundabout decided he wanted to take the same exit I was taking. He crossed hatched road markings and clipped the back right arch of my car. He didn't accept responsibility. I contacted the Gardai and he took our details and advised to contact insurance company if I wanted to proceed with claim from his insurance.

I made claim from his insurance company through my own and after getting my car repaired my insurance company said that his insurance are not taking responsibility for it and advised me to go 50/50 even though:

• I was the one that contacted Gardai
• He drove into the back right of my car
• He is not making claim against me (even though his story is that I cut in front of him)

I'm currently looking to get CCTV footage so I can back my story up however this looks to be going nowhere. Is there anything I can do other than looking for CCTV footage? Or should my insurance company be fighting my cause given the bullet-ed points listed above? Also given that I purchased my insurance through a broker should they be getting involved?

Appreciate any input.

cruizer101

Did you get any photos at them time, if he clearly crossed the hatching and hit the rear of you car I can't see how they could dispute it.

I'd definitely give your broker a ring a see what they say, they should be able to advise somewhat.

Cookmeister

I did get photos however this was after both cars pulled into the side of the road so it wouldn't show that he had crossed hatching. I'll definitely call broker again and try to get an input from them.

With regards to getting CCTV footage, does anyone know if I am entitled to receiving this upon request as it is on a public road?

Neil Manley Sol

Where you possibly insured by the same insurance company? If you were both insured by the same company it would be in their interests to settle on a 50/50 basis - I certainly would query this as it sounds like liability rest firmly with the other driver.

Cookmeister

No we are insured with two different insurance companies. I have received a response from the TII (Transport Infrastructure Ireland) regarding the request for CCTV footage and they said that "The matter is receiving attention and a further reply will issue as soon as possible".

If anyone has any further advice/suggestions please let me know. Thanks

Wexy86

Do you know what the other parties version of events are? From the sounds of it it's going 50/50 at the mo as both versions sound plausible and there is no independent evidence(witness?) in favour of one party over the other.

Re: the CCTV - keep calling, in writing will be too long and it may no longer be available. Your insurer should be requesting this on your behalf so put some pressure on. Sometimes the CCTV won't be released but you/a rep from the Insurer can go view it.

Cookmeister

Ya my insurance company told me that his version of events are that he was exiting the roundabout in the overtaking lane while I was exiting in the slow lane and then I cut him off but I know that if I get the CCTV footage this will show that my version of the incident is correct.

I am still waiting for a response from the TII so I will call today and follow up as I am afraid that any CCTV footage will be deleted after some period of time.

listermint

Don't know the roundabout but are you meant to exit that particular roundabout in the overtaking lane.? As in you both were wrong...

Cookmeister

This was Dunkettle roundabout where I was exiting northbound and you can exit in the overtaking lane here as it is a very busy roundabout. Also I didn't get any feedback from the Guard, my broker or insurance company saying that you are not allowed to exit in the overtaking lane.

cruizer101

Were you coming from the west side and taking first exit? Overtaking lane has arrows indicating only straight through. However you say he hit you in rear right so it doesn't really make sense how that could cause him to hit you.

This is the roundabout yeah?
https://www.google.ie/maps/place/Dunkettle,+Co.+Cork/@51.906586,-8.3986403,196m/data=!3m1!1e3!4m5!3m4!1s0x48449b3cdc31dce7:0xa00c7a99731a550!8m2!3d51.9110471!4d-8.3921881

I'd do up some drawing of your version of events to send on to insurance, if you can stick them up here too.

Cookmeister

We both entered the roundabout from the south side in the second lane from the left. He stayed on the roundabout and was stopped in traffic at point A. While I was exiting in the overtaking lane he cut across the hatching and then clipped the back right of me.

Image: https://s23.postimg.org/8jfvx71t7/Screenshot_1.png

The roundabout is at https://www.google.ie/maps/place/Dunkettle,+Co.+Cork/@51.9044481,-8.3879354,167m/data=!3m1!1e3!4m5!3m4!1s0x48449b3cdc31dce7:0xa00c7a99731a550!8m2!3d51.9110471!4d-8.3921881

I did provide detailed pictures to my insurance company as required when filing a claim.

emeldc

So is he suggesting that you crossed from the left lane to the (his) right lane and that's how he clipped the back of you? If that were the case you would be 100% wrong not 50%. How do they figure that one out? Why isn't he making a claim against you. I would ask insurance co/Guards to see his version of events. I certainly wouldn't be accepting half the blame. How much did the damage to your car cost to repair. It might be no harm to bang off a solicitors letter to the insurance co, wake them up a bit.

Cookmeister

Ya apparently that's what he is saying, which as you said would put 100% of the blame on me and yet he is not trying to claim off me at all. The cost of repairing my car was ~€1100.

I'm trying to avoid going 50/50 as I don't want my premium increase or to lose my NCB. What annoys me the most is that he won't own up for the mistake he made! It's not like I'm looking to claim for whiplash or trauma compensation.

emeldc

Cookmeister wrote: »

Ya apparently that's what he is saying, which as you said would put 100% of the blame on me and yet he is not trying to claim off me at all. The cost of repairing my car was ~€1100.

I'm trying to avoid going 50/50 as I don't want my premium increase or to lose my NCB. What annoys me the most is that he won't own up for the mistake he made! It's not like I'm looking to claim for whiplash or trauma compensation.

It's pointless taking 50 % of the claim. Your premium would probably go up by that much (€500) anyway and the ins co know it. Solicitors letter time methinks.