aaarrrggggg help

AMurphy

re the actions of the cop; Would it not be appropriate s/he generates a report of the facts, not speculation and not a verdict. That is for a judge or ombudsman to decide should it come to that.

Seems biased and unprofessional to me. Located in Donegal perhaps?.

528i

stop picking holes in my case

pokerireland

prospect wrote:

Well if this is the case, then the OP is completely in the wrong, regardless of the spped the fiesta was travelling.

Although, it could have been a long sweeping bend, that did not require the fiesta to slow down below his 65Kmh speed. Also, seeing as this was a country road, the hedges could have been overgrown (as this is currently the season you cannot cut hedges (i think)) and this would have impeded the view...

We need some feedback from the OP.

no didnt try and cross, i thought about it but didnt move as i seen him come around the bend and decided to wait thinking he'd slow down. im not sure i'm explainging the situation properly but how can he come round and bend and not be able to stop for another 50/60 ft. someone else mentionend him claiming whiplash, to be honest he didnt strike me as that kind of person but if he did id probably break his neck to clarify!!

AMurphy

528i wrote:

stop picking holes in my case

how can one possibly pick holes in something as airtight as a sieve. :rolleyes:

ambro25

pokerireland wrote:

okay yesterday i was driving home and as i was about to turn into my house (country road) a guy coming round a bend at speed smacked into me, the gardai were called and they said it was a 50/50 as i was in the middle of the road even though its a small country road. I drive a 01 Bora and the whole front of it is in bits like w shape and also the radiator is burst. what i want to know is how much do you reckon (roughly) it would cost me to get it fixed as i dont want to go through insurance.

pokerireland wrote:

no didnt try and cross, i thought about it but didnt move as i seen him come around the bend and decided to wait thinking he'd slow down. im not sure i'm explainging the situation properly but how can he come round and bend and not be able to stop for another 50/60 ft. someone else mentionend him claiming whiplash, to be honest he didnt strike me as that kind of person but if he did id probably break his neck to clarify!!

Erm... not wanting to p*ss on your hush puppies, here, but please clarify. Looks to me like you were constituting an obstruction/hazard
Fair enough, the Fiesta guy should still have been in control his vehicle and managed to stop before impacting you, but it looks (in my crystal ball) like the 50/50 is warranted, from the above

prospect

pokerireland wrote:

no didnt try and cross, i thought about it but didnt move as i seen him come around the bend and decided to wait

So was the outside of your drivers side tyres left of what could be reasonably be assumed as centre of the road? Did the fiesta cross over the centre of the road and hit your car, which was stationary on the correct side?

or

Had you already come to a stop, but to the right of the centre of the road, and then expect the fiesta to manouvre around you?

In the first instance, you are 100% in the right.
In the second case, it could be considered 50:50, you should not have been positioned soo far over, and the fiesta should not have been driving at a speed that inhibited him avoiding an obstruction.

Having said that, isn't there some rule about a person being committed to a road position and gaining right of way?

pokerireland

prospect wrote:

So was the outside of your drivers side tyres left of what could be reasonably be assumed as centre of the road? Did the fiesta cross over the centre of the road and hit your car, which was stationary on the correct side?

or

Had you already come to a stop, but to the right of the centre of the road, and then expect the fiesta to manouvre around you?

In the first instance, you are 100% in the right.
In the second case, it could be considered 50:50, you should not have been positioned soo far over, and the fiesta should not have been driving at a speed that inhibited him avoiding an obstruction.

Having said that, isn't there some rule about a person being committed to a road position and gaining right of way?

Yes my driver side tyres were to the left of the road but in fairness he didnt cross over its just a narrow part of the road (his right hand side light hit the centre of my car). I called him yesterday and told him my damage was €1200 and he got back to me today and said his was €2800 now considering he smacked into me and my car was much worse off im beginning to think he's a bit of a joker especially since he was driving a 90 fiesta which i found out doesnt even have a book value anymore and is probably worth €300 max

ambro25

TBH PokerIreland, it's increasingly sounding to me like you're gonna let yourself into a right old bag of knots if you don't let your insurer sort the matter out for you...

...and that's all I'm gonna post in this thread for now, as I'm not really sure what kind of info/advice you're after anymore, other than commiseration.

RicardoSmith

pokerireland wrote:

Yes my driver side tyres were to the left of the road but in fairness he didnt cross over its just a narrow part of the road (his right hand side light hit the centre of my car). I called him yesterday and told him my damage was €1200 and he got back to me today and said his was €2800 now considering he smacked into me and my car was much worse off im beginning to think he's a bit of a joker especially since he was driving a 90 fiesta which i found out doesnt even have a book value anymore and is probably worth €300 max

I had the same problem with some joker. Hit me with his banger. T-Boned me as I was waiting to turn right into a road he was coming out of. He never saw me just came straight out. Though it was his fault, I wanted to just play my own damage and avoid going near the insurance, as I knew liability would be hard if not impossible to prove, because I thought it was obviously his fault, we moved our cars (huge mistake I know, I know). Damage was about 300 on his, about 1000 on mine. He had an old banger worth about 500 max mine was worth 5-6k. The Guard at the seen seem to know him, and seemed to convince him that it was my fault, even though I was stopped at the time, and he crossed to my side. So the moron insisted it was my fault (conviced by the guard) and made a claim for thousands. He even got the guard to talk to my insurance company to say it was my fault. He used to ring the insurance comapny every day for months trying to get money out of them. He used to ring me on a regular basis and stop me on the road. I got a solictors letter to stop all that though.

However, after lighting a rocket under the insurance company, giving them photos of the scene, damage of the cars, and quoting the law to them they did the right thing and got their ascessor or to look at it. He said it was 50/50 which it was fair since it was hard to prove with no witnesses (Guards don't count, neither does their opinion) and we'd moved the cars.

I saw the moron fixing his own car, the only thing he got out of it was higher premiums, and my premiums went up aswell, I didn't get the car fixed, as it was further damaged by someone robbing it a couple of months later and I just traded it on a scrappage deal.

Your guy sounds eaxctly the same kind of moron. €2800 for a fiesta. Whats he smoking....

The marks on the road will be the most incriminating. Make sure you have photos of them. An off duty guard hit my old mans car can tried to claim it was his fault, even sending the boys around to the house the a "chat". He told the to F off. But the photos of hugh skid marks, crossing the center line told their own story in court. He was probably drunk but did they breathalyze him? Of course not.