Accident - Driver not admitting fault

antodeco

Either way, if the side of her car was hit, it clearly shows she drove sideways out onto the road. Like I can't understand the arguement that she's not fully at fault. If you drive into th side of someone when you are driving straight along a road, it's hard to argue that the other person isint at fault.

It's like blaming someone for getting in the way of your bullet!

Princess Calla

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

Well you can't drive straight into an object that's already on the road either.

I'm not saying the woman didn't do something absolutely stupid and the fact she left the scene and NCT is out doesn't really work in her favour at all.

However I don't understand how you'd hit the back passenger door (I still don't know if it's the driver side passenger door or passenger side passenger door) when you are in an overtaking position without seeing the car Infront of you doing something utterly stupid.

It would be interesting to know how far the woman was Infront of the sister when she slowed down into the layway, did she come to a complete stop, did she just use the layway to expand the arc of a right hand turn U-turn. .....or was she trying to do some sort of reverse U-turn.

Then the old chestnut what speeds were involved.

ifeelabreeze

https://www.boards.ie/discussion/comment/121237695#Comment_121237695

It's the passenger door on the driver side, possibly the very edge of the drivers door too, my sisters light and surrounding area.

She said the woman turned in, was on the gravel, sister indicated and moved over to go around and then the other driver swung straight out and my sister tried to get out of the way but they still collided.

My impression is the woman was well off the road, my sister was slightly towards the median, then when the lady swung back out my sister moved further right and they still collided.

pummice

Had a similar crash a few years ago, the insurance companies lay the blame as 50/50, so basically they screwed both of us

antodeco

Apologies I missed the bit about the driver being on the other side of the road overtaking

ifeelabreeze

https://www.boards.ie/discussion/comment/121238136#Comment_121238136

Not on the other side of the road.

JIdontknow

What does the video show? Even if she doesn’t have an nct it may not affect the blame / liability. Not sure a letter from the household would make a difference lady could just say she was just turning or whatever, by the sounds of it she’s liable to make up something. So to summarise the lady pulled over into the hard shoulder, your sister went to overtake and the lady pulls out and attempts a U turn as your sister is overtaking… and the damage is her rear driver side door etc?

ifeelabreeze

https://www.boards.ie/discussion/comment/121239281#Comment_121239281

It's not really a video just a live photo (if you hold it down it plays a few seconds), you can just see her swing around, but it cuts out when she's straddling the road, wheels are fully locked facing opposite the way she was originally going but that wouldn't account for much.

So yep as I know it, she had slowed down, moved off left without indicating, and then my sister indicated and moved out (like you would a bike or the likes - I'm guessing), and then the lady fully locked the wheel and swung out, sister tried to move out of the way, woman kept coming and they collided - my sisters light, front quarter panel and the bumper. It also damaged the bonnet just above the light - it was basically the light area towards the quarter panel, so not head on. From what I know she wasn't on the opposite side of the road.

Damage on the lady's car is to her rear passenger door - just behind the drivers door, not sure but it could well have left a mark on the drivers door too.

If the lady was to claim she was turning - wouldn't she still be at fault, she was either entering a house or doing a U turn.

billo516

Who took the video/photo ?

mk7r

https://www.boards.ie/discussion/comment/121239430#Comment_121239430

What's the speed limit on the road?

From your description I can see it going 50:50. Is the woman in the car an idiot? Yes of course but if she was all the way off the road on the left and managed to turn and drive all the way to the middle of the road and beyond (your sister hit her rear door so she must have been across the white line at that stage if your sisters drivers wheel was also across the line as stated) then your sister should have been able to stop or at least avoid the collision given the time she had.

Does the fact the woman have no NCT matter to the claim? No it makes no difference and is a matter for the gardai.

Keep in mind even if you get her to admit fault the insurance companies may still decide to go 50:50 as they make the final decision, not the gardai, or the drivers in question

Goose81

Good question, was the sister using her phone and it's a live iPhone picture haha

mightyreds

Sounds like the video is after the accident of the damage and other person driving off, this will go to a he said/she said in my opinion and maybe go in favour of your sister if the other person turned while your sister had started her overtaking manoeuvre but the there is proof not exactly sure how they will try establish the details.

edit: got mixed up and corrected

fabvinny

You should never admit liability even if you are at fault! I was involved in an accident like this a few years ago,I was turning right,had my indicator on and a car went to pass me out and drove in to the side of my car. It actually went to court,the guy who hit me said i didnt have my indicator on(I absolutely did)The Judge said even if I didnt have my indicator on,the guy passing out should have taken a moment a assess what was going on in front of him.I was on L plates at the time and I won the case 100%. Now maybe doing a U-turn is another story..

billo516

https://www.boards.ie/discussion/comment/121245012#Comment_121245012

Not after the accident and other person driving off according to this ...

It's not really a video just a live photo (if you hold it down it plays a few seconds), you can just see her swing around, but it cuts out when she's straddling the road, wheels are fully locked facing opposite the way she was originally going but that wouldn't account for much.

chooseusername

https://www.boards.ie/discussion/comment/121245894#Comment_121245894

So you think as the car in front pulled into the left, op's sister indicated to overtake and at the same time took a photo just as the car in front swung right across in front of her? really?

We'll wait to see what op says, but I read it as the op's sister took the photo after the accident as the other driver completed the u turn and drove off.

If the op were to post a link to the part of the road on Google maps it would help to understand better.

Donald Trump

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

Perfectly fine to leave after handing over details if there is no major damage or other offence committed

Oscar_Madison

https://www.boards.ie/discussion/comment/121246378#Comment_121246378

I don’t believe she left details- only a phone number and was reluctant to engage after that .

It all depends how this happened - did the lady pull in, stop then drive back onto the road or was it all one manoeuvre?

Those saying 50:50 I’m sorry I don’t get that - regardless of whether you’re indicating or not when pulling in, if you’re pulling into a lay-by, you can foresee a number of things but that person pulling back out again onto the road is not one of them - time and again I see people pulling in and only see the indicator going on after they’ve done that - I don’t expect such people to pull back onto the road again without stopping to make sure both sides are clear.

Donald Trump

https://www.boards.ie/discussion/comment/121246406#Comment_121246406

A phone number is her details. It would suffice. Now if she gave a fake number, then there would be an issue. If it went to court she'd just say "I gave her my number and trusted her to call me with her insurance details later given that she ran into me"

Oscar_Madison

https://www.boards.ie/discussion/comment/121246411#Comment_121246411

She came out onto a main road from a lay-by - of course she was going to get hit 😀

Seth Brundle

https://www.boards.ie/discussion/comment/121246560#Comment_121246560

Did the other driver fully leave the road before turning?

pgj2015

This exact thing happened me once, except the guys car was wrote off and I have dash cam, he tried to say I was speeding but my dash cam can prove otherwise, once I told the other driver I have a dash cam that showed my speed and informed him i wasnt speeding, he didnt fight it.

There was absolutely nothing I could do about the collision, I braked but it didnt do any good, sometimes you cant avoid a collision if the other driver does something really stupid.

another time this ejit reversed into me and even though I had dash cam and an independent witness, he still woudlnt admit fault but the Guards told him he had no choice so he did.

ALWAYS HAVE A DASH CAM, im blue in the face telling people.

Donald Trump

https://www.boards.ie/discussion/comment/121246560#Comment_121246560

What has that got to do with the claim she committed an offence by leaving the scene?

I'll tell you - exactly zero.

pgj2015

The first thing the Guard said to the guy who did the u turn in front of me was "what were you thinking?"

Oscar_Madison

https://www.boards.ie/discussion/comment/121246676#Comment_121246676

Your guess is as good as mine.

How did the live photo get taken? I hope the driver wasn’t the one taking it whilst still manoeuvring 🤔 There's more incidents happening these times on account of less attention to what’s happening on the road than the attention afforded to technology within the car.

Ginger83

https://www.boards.ie/discussion/comment/121246378#Comment_121246378

I don't agree with you here. I was always taught do not leave the scene of an accident and do not move the vehicle.

What if the gardai wanted to test for alcohol or drugs?

10-10-20

https://www.boards.ie/discussion/comment/121247023#Comment_121247023

Guards these days will often just ask over the initial phonecall whether there were injuries and whether you swapped details, etc, and then will advise that there isnt a need for them at the scene and for you take it up with your insurance. It's only if there is an indication of an issue that they will attend.

Ginger83

https://www.boards.ie/discussion/comment/121247079#Comment_121247079

Shocking laziness. One party could be under the influence of alcohol or drugs which may be a huge factor in regards to liability, not to mention an uninsured driver or unroadworthy vehicle.

AndrewJRenko

https://www.boards.ie/discussion/comment/121247248#Comment_121247248

Gardai have no role in assessing or deciding civil liability. They enforce traffic law. If traffic law has been broken, then call them out. If not, let them get on with doing their own job, not your solicitor's job.

Princess Calla

https://www.boards.ie/discussion/comment/121247275#Comment_121247275

I would have thought checking for drink driving after an accident would have been a guards job.

Any time I've been breathalysed (routine) it's been by a guard not a solicitor.