Accident - Driver not admitting fault

ifeelabreeze · 14-10-2023 1:24am #1

Hi folks,

Just wanted your opinion on this - it's motoring related so I think it fits?

My sister got into an accident today.

Lady ahead of her along, slowed down and veered in left off the road (into a bit of a lay-by) without indicating, sister indicated and went to overtake, the woman then swung out (doing a U turn) and my sister (Audi A1) hit the side of her car (Lexus GS).

Her rear passenger door is dented but my sisters car got the worst of it; bumpers fecked, foglight, headlight too, quarter panel and the bonnet all got a bang.

My sister was visibly shaken, the woman got out of her car, talked for a minute or two (apparently didn't apologise, ask if she was alright or anything, she just commented on the damage), my sister didn't even have chance to get out of the car, she just kept apologising and crying, then when my sister said her dad was on the way, woman gave her phone number and said she was in a rush and left the scene.

Didn't pick up the phone until a good few hours later too.

When she did, she was abrasive.. my father commented on her leaving the scene and only giving her number she replied 'well what do you expect me to do?', she then asked if it was my sisters car (yep), if it was insured (yep) and claimed she was turning into one of the houses there (she didn't she continued her U turn and headed off), by all accounts she was a wagon on the phone, never gave insurance details either.

Parents brought my sister to the garda station, told them the story, gave the details, Garda rang the lady's phone and told her she had to hand over her insurance details within 2 days.

Got off the phone and she was 'not pleasant' according to the garda.

So now we're in limbo waiting for the details.

Sister doesn't have a dash cam.

There's roadworks going on just up the way and there's no line on the road.

It happened very local to us, 2 minutes from home if even that.. so we know the locals, my fathers thinking of going chatting to the person in the house there, just in case your one does attempt to say she was pulling into that house.

In my head it's clean cut, but there's no hard evidence.. so is it?

How likely is it that she's found liable because my sisters going to be out around €3k if not.

Has anyone here dealt with insurance after a tip where the other person didn't admit fault?

Thanks

s2019 · 14-10-2023 3:10am

So something like this diagram?

The Lexus driver can claim a lot of things to get out of this - eg she was just pulling out and your sister was speeding ect.

This is the importance of having a dash cam.

https://www.smartdraw.com/accident-reconstruction/accident-reconstruction-diagram-software.htm

ifeelabreeze · 14-10-2023 11:39am

https://www.boards.ie/discussion/comment/121235677#Comment_121235677

More central, my sisters driver side wheel would have been over the central line

Princess Calla · 14-10-2023 11:51am

I imagine the insurance companies will battle this one out and settle 50:50.

Probably not what you want to hear.

Dial Hard · 14-10-2023 11:56am

Agreed, let the insurance companies sort it out, but if I was in an accident and the other driver's Dad got onto me rather than the driver themselves, I wouldn't be a bit impressed.

ifeelabreeze · 14-10-2023 12:04pm

https://www.boards.ie/discussion/comment/121236361#Comment_121236361

Are you a 21 year old girl?

Padre_Pio · 14-10-2023 12:10pm

https://www.boards.ie/discussion/comment/121236349#Comment_121236349

I kind of think the same unfortunately.

It's a bad situation to be in, and without dashcam footage is a "she said she said" situation..

I wish her the best of luck.

14-10-2023 12:12pm

https://www.boards.ie/discussion/comment/121236361#Comment_121236361

Why do you need to be impressed? What difference would it make to the circumstances of the crash?

Panthro · 14-10-2023 12:18pm

Let insurance deal with it. Probably wouldn't contact the other lady directly.

Ginger83 · 14-10-2023 12:26pm

The fact is the other driver pulled out on to the road when you had the right of way and your statement and the damage will add up.

I can't see how the other driver can explain the damage. She would have to claim something ridiculous like she was turning and you overtook her.

10-10-20 · 14-10-2023 12:39pm

In my opinion leaving the scene of the accident will work against her when it was obviously you sister's intent on calling the Guards to the scene.

Write-up the whole story and email it into the insurance company. Ensure that every detail is covered - colour of the car, length of time behind the vehicle before it the incident, speed, distance, nature of the journey... Describe the road and the buildings off it; include photos of the road where it happened. Reference the incident ID & Garda's name where it was reported at the Garda station. Keep feelings and ambiguity out of it. That way the insurance company will see that you're presenting what you see as fact and the other driver can just make it up as she goes along. A strong and well documented case should swing it for you better than 50/50.

Good luck, and keep us posted!

Goose81 · 14-10-2023 12:41pm

Op you are getting way too worked up and stressed over this. I wouldn't even contact the lady again, let the insurance companies sort it amongst themselves

Ginger83 · 14-10-2023 1:00pm

https://www.boards.ie/discussion/comment/121236490#Comment_121236490

Yes and the other driver proceeded with her U turn when leaving the scene of an accident and not into the house as originally claimed.

ifeelabreeze · 14-10-2023 1:03pm

https://www.boards.ie/discussion/comment/121236529#Comment_121236529

Not sure if all that is fully visible on the live photo, think it might just show her starting the turn.

Her NCT is out by close to 11 months - can that be put down to the backlog?

Ginger83 · 14-10-2023 1:09pm

https://www.boards.ie/discussion/comment/121236537#Comment_121236537

No but a statement from the owner of that property would prove it or maybe they have cctv

ifeelabreeze · 14-10-2023 1:12pm

https://www.boards.ie/discussion/comment/121236563#Comment_121236563

My thoughts exactly, we know relatives of the owners

Ginger83 · 14-10-2023 1:19pm

https://www.boards.ie/discussion/comment/121236572#Comment_121236572

Yes I would have a statement from this property saying that they do not know and did not receive a visit from the other named driver. They may even have cctv

Princess Calla · 14-10-2023 1:21pm

https://www.boards.ie/discussion/comment/121236457#Comment_121236457

She didn't pull out though.

OP said she slowed down , his sister then indicated to overtake. (Which is a valid manoeuvre)

Now I could be interpreting it wrong.

However, what I can't understand is how the sister went into the back passenger door (I assume on drivers side) of the other woman's car.

To me that suggests the sister should have had better reaction time to what was happening Infront of her. The other woman was about half way through a manoeuvre when the collision occured.

To me if she was overtaking and the woman pulled out the impact would have been along the sisters passenger side of the car.

Again apologies if I'm understanding it wrongly.

Which shows the importance of a very detailed report going to insurance company.

Dial Hard · 14-10-2023 1:21pm

https://www.boards.ie/discussion/comment/121236387#Comment_121236387

I was when I rear-ended a very unpleasant woman on Leeson St. and I still didn't feel the need to get my Dad involved.

Anyway, I've just copped your username and remember your thread on you all wanting to get involved when your sister wasn't getting on with her housemates so I think it's probably fair to say I just don't "get" that level of involvement in grown family members' affairs so I'll leave it there. I hope she gets sorted and her insurance doesn't take too much of a hit.

Ginger83 · 14-10-2023 1:46pm

https://www.boards.ie/discussion/comment/121236605#Comment_121236605

Yes a drawing is also needed. Could it be viewed as the OP not reacting in time?

I remember when I started out I had a carvan. One day while reversing I heard a thud and when I got out there was a motorbike on the ground. There wasn't a mark on my car so I don't know if it was a blind spot or a set up. Anyway I was given a quote for £510 and then I couldn't contact the biker. Weeks later he wanted my insurance because he wanted 3.5k

The insurance Assessor said that the biker made a major mistake by already having the repairs done before damage could be assessed. He had also repaired both sides of the bike. In the end he only got his £510

road_high · 14-10-2023 1:50pm

Something similar happened my brother before. He was turning right in an industrial estate into a premises and car behind him overtook and into front side of his car. Insurance companies ended up going 50/50 as his word against his etc. You have to be so careful with people not indicating etc and give them a wide berth if not sure.

Won’t be what you want to hear either but as I understand your case your sister effectively rear ended the other car. I would document everything that happened and forward to the insurance company

ifeelabreeze · 14-10-2023 1:58pm

https://www.boards.ie/discussion/comment/121236691#Comment_121236691

Did she though considering she hit the side of her car?

The ladys NCT is out by close to 11 months, you can check online if it's booked in (if it's not it asks to select a date, if it is it asks to cancel or reschedule, and hers isn't booked in.

FishOnABike · 14-10-2023 2:09pm

https://www.boards.ie/discussion/comment/121236721#Comment_121236721

If her NCT is out by 11 months and she left the scene of the accident it would be interesting to find out if she had valid insurance and a full driving license.

She has already committed two offences, leaving the scene of an accident and driving a car without a valid NCT. It wouldn't surprise me if there was another one or two to add to that.

Deub · 14-10-2023 2:14pm

https://www.boards.ie/discussion/comment/121236759#Comment_121236759

It is her word against OP’s sister. She left the scene but how can you prove it?

She could argue, they agreed not to call the guards and just exchange phone numbers.

The NCT issue might put more blame on her but, unfortunately, I think the insurances will pin them both at the end (50/50, 70/30 or whatever) and both will see an increase on their insurance premium.

CrazyEric · 14-10-2023 2:30pm

If your father is anyway competent with paperwork etc I would go to a solicitor and send a letter to the person claiming off them. Once you involve your insurance company they just say 50 -50 and put up both premiums. As your sister is 21 and most likely an "N" driver her policy will go through the roof.

antodeco · 14-10-2023 3:22pm

How are people saying it's 50:50? You can't turn let alone U-turn on a road if the road isint free.

ifeelabreeze · 14-10-2023 3:32pm

https://www.boards.ie/discussion/comment/121236976#Comment_121236976

That's exactly what she tried to do, but there's no proof.

She claimed after the fact that she was turning into a house there - so we're thinking of heading over and having a chat with them to see if they'd be willing to state it to insurance/sign something.

The guard did say the video my sister has is great to have, it basically does show her continuing her U turn

Oscar_Madison · 14-10-2023 3:38pm

https://www.boards.ie/discussion/comment/121236976#Comment_121236976

Yeah I’m with you on that- we don’t have the full story obviously but I think there’s already indications of a few things in the sisters favour- leaving the scene of accident without insurance details, coming out onto a main road from a side road/lay-by into oncoming traffic- I actually don’t see any sister blame here right now- it sounds like the other driver wished to turn around and drive back up the road/ they thought they had time to cross - if you pull into a lay by that’s it- you’re now subject to the rules of the road before getting back on it- I’m my view she feiced up