Insurance question - tyre came off and hit other car

NUTLEY BOY

My 10 cents worth.

The mere fact that a tyre blew out is not evidence of negligence or breach of duty. The car driving behind has to prove fault.

Against that, it might be argued that a tyre blowing out raises a presumption of some vehicular defect and the principle of res ipsa loquitor might be argued. This would require the defendant to rebut a presumption of liability if the rule is invoked or allowed by a judge if this went to court. Whether the rule operates or not depends very much on the evidence. BTW, res ipsa is a rule of evidence not a heading of liability.

If OP wants to settle the matter himself so be it. However, he should get his insurer's authority to do so first and that does mean reporting the accident. To negotiate directly and or to fail to notify the accident to insurers are both breaches of standard policy conditions. OP should also be satisfied that the damage claimed to the other motorist was actually caused by the tyre and that he is not dealing with a slick opportunist.

In relation to Gardaí the position is that they are investigators and gatherers of evidence. They have no legal authority to make determinations of liability in civil matters - that is a function of the courts.

clint_silver

NUTLEY BOY wrote: »

My 10 cents worth.

The mere fact that a tyre blew out is not evidence of negligence or breach of duty. The car driving behind has to prove fault.

Against that, it might be argued that a tyre blowing out raises a presumption of some vehicular defect and the principle of res ipsa loquitor might be argued. This would require the defendant to rebut a presumption of liability if the rule is invoked or allowed by a judge if this went to court. Whether the rule operates or not depends very much on the evidence. BTW, res ipsa is a rule of evidence not a heading of liability.

If OP wants to settle the matter himself so be it. However, he should get his insurer's authority to do so first and that does mean reporting the accident. To negotiate directly and or to fail to notify the accident to insurers are both breaches of standard policy conditions. OP should also be satisfied that the damage claimed to the other motorist was actually caused by the tyre and that he is not dealing with a slick opportunist.

In relation to Gardaí the position is that they are investigators and gatherers of evidence. They have no legal authority to make determinations of liability in civil matters - that is a function of the courts.

Insurance broker was notified and thats sufficient (according to the broker)

Other party told me just under 1000e as a cash job. Double that if insurance.

Ive been told by broker I could end up paying 1500-2000 more in no claims loss over next few years which doesnt include any standard rate increase and obviously Id find it difficult to move if they did as most insurers wont touch me if I had a claim so it could cost me more.

It was very dark and wet on an unlit motorway, the tyre blew, came off the wheel, he was behind me, how far I dont know, I pulled over immediately, he pulled in front of me and told me that the tyre hit him. Seems like a good guy. Would have had to concoct the story in seconds. Hard to doubt it.

Henry Ford III

You always point out how wonderful everything is in Poland CiniO. If it was that good what are you doing in Mayo?

CiniO

Henry Ford III wrote: »

You always point out how wonderful everything is in Poland CiniO. If it was that good what are you doing in Mayo?

I can tell you exactly why I'm in Mayo.

- because it's such a nice place to be comparing to most of Poland.
- because economic situation where work gives you decent wages and quality of life, while in Poland it doesn't.
- because of all nice people who live around and create great and harmonious society respecting all the members which is also not really the case in Poland.
- because of extremely nice scenery, crystal clear air and water, and all the unpolluted mountains and hills around, which we're lacking in Poland.
- because of very low level of crime and no need to worry about being a victim of criminals, which also is not that good in Poland.
- and because of low population density, which gives people lot's of living space, comparing to overcrowded Poland.
- and obviously because of good tap Guinness available nearly on every corner.


But I certainly can tell you, that I'm didn't move to Mayo, because of all the poor motoring laws, crazy high motortax, insane situation with motor insurance and general situation with motoring, which I consider to be in much better shape in Poland.
Also I'm definitely not here in Mayo due to the lovely weather we get which consists of mostly rain, storms and wind....

But no place can be perfect, and good aspects of living in Mayo surpass the bad things big time.

Cordell

Have you ever considered that the socio-economic reality in Mayo is better off than the one in Poland exactly because some laws are different? Including those "poor motoring laws" that makes Ireland one of the safest country when it comes to road accidents?

A fellow non-Polish-Eastern-European

CiniO

Cordell wrote: »

Have you ever considered that the socio-economic reality in Mayo is better off than the one in Poland exactly because some laws are different?

Not really.

Like what:
- people are not nice to each other because of any laws
- population density is not lower because of any laws.
- nice clean environment, clean air and water are not there because of any laws.
- low crime also hasn't much to do with any laws, but rather better standard of living.
- and economic situation - surely some wise corporate, business and work laws helped here, but it's not as simple as that.

Including those "poor motoring laws" that makes Ireland one of the safest country when it comes to road accidents?

Irish roads statistically are safe indeed.
But statistics are usually very deceptive unless you really look through.

Quick comparision:
Irish Population 4.6 million.
Road deaths in 2015: 166
That is 3.6 fatalities per 100,000 citizens.
Very good result.

Comparing to Poland:
Polish population: 38 million
Road deaths in 2015: 2904
That is 7.64 fatalities per 100,000 citizens.

Over twice worse than Ireland.

But let's look at Mayo itself.
Population: 130,000
Road deaths in 2015: 13
That is 10 fatalities per 100,000 citizens.

The worst of all the three.

So while in Ireland statistically I'm over twice less likely to be killed on the road then when driving through all Poland, but when I drive mostly in Mayo, I'm worse off statistically than in Poland.

I also don't think any motoring law has much to do with it.
It's a fact that there's no transit traffic (large volume of artic trucks) in Ireland, while there is plenty in Poland going through the country very often through local roads and towns due to lack of proper motorway network.
Also fact that most Polish people drive old bangers which are way less safe than much never vehicle fleet Irish people drive. You'd be surprised how much to road safety simple things like ABS, airbags etc add, or ESP which is now fitted to every new car so becoming quite common in Ireland, while still rarity of Polish roads.
Same less amount of cyclists and pedestrians comparing to Poland helps road safety.

porsche boy

In relation to an act of God, which God was it? My God wouldn't do something like that but some of those other gods are right bastards.

Cordell

But let's look at Mayo itself.
Population: 130,000
Road deaths in 2015: 13
That is 10 fatalities per 100,000 citizens.

How may Mayo residents among those 13? Also, 130k is the figure from 2011, so you need to use the road deaths figure from that year If you need to split hairs, might just as well do it right.

amcalester

Sue Pa Key Pa wrote: »

Well, you're dealing with fraud there. Most likely at Revenues expense by quoting €200 for cash, whereas the insurance price had to be invoiced and include VAT

Not necessarily fraud, a business is allowed to have different prices for different customers. It's based purely on what that customer is willing to pay.

Sue Pa Key Pa

amcalester wrote: »

Not necessarily fraud, a business is allowed to have different prices for different customers. It's based purely on what that customer is willing to pay.

The reality is fraud and tax evasion.

CiniO

Cordell wrote: »

How may Mayo residents among those 13? Also, 130k is the figure from 2011, so you need to use the road deaths figure from that year If you need to split hairs, might just as well do it right.

I have no clue how many Mayo residents among that 13? What difference does it make?

130k figure is probably indeed from 2011. Do you think it changed much since? I doubt it.

I used 2015 road death figures as they are the most recent, so giving the best picture to current situation.
Data from 6 years ago is less relevant.
Going that way I could use data from 1976 or something which would be even less relevant.
Using the newest data makes most sense.

Cordell

When you report it to the number of county residents, it does. What does not make sense is to compare county Mayo with a country which is 4x bigger than Ireland - I'm sure there are counties in Poland that are more unsafe than county Mayo (and some more that are safer, maybe).
But I think I'll drop from this conversation, which is both pointless and offtopic. Cheers.