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Motor vs E-Scooter crash: Liability and reporting procedure?

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Comments

  • Registered Users, Registered Users 2 Posts: 12,412 ✭✭✭✭Flinty997


    In fairness you might not realize all your injuries until a few days later or even much later.



  • Registered Users, Registered Users 2 Posts: 34,044 ✭✭✭✭listermint


    Get a dashcam front and rear. They are relatively inexpensive these days. Installed one on our family car after a road rage incident involving a lunatic driver who subsequently lied to the guards about what she did . Needless to say they didn't believe a word as there was holes the size of Texas in her stories.



  • Registered Users Posts: 46 ShadeRunner


    Name, address, insurance details, the lot. Felt she was young, inexperienced initially. But “she” (texts seemed written by someone more experienced) became more aggressive when I found a repair shop. I think once I said “buy a replacement” no repair was going to be sufficient.

    So this is the motivation for the OP. Did I do too much? Too little? Or just the wrong thing from the get-go 🤷🏻‍♀️



  • Registered Users Posts: 46 ShadeRunner


    She was standing throughout and wasn’t knocked off … when I heard the crunch and exited the car I saw her standing, and just a pair of handle bars … for a nanosecond I thought it was a pram. That will haunt me for eternity.



  • Registered Users Posts: 46 ShadeRunner


    Sound advice. Really sorry you had to go through that, must have been stressful when it came down to a “he said, she said”.



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  • Registered Users, Registered Users 2 Posts: 10,896 ✭✭✭✭Spook_ie


    It was a reply to the poster that said hitting a stationary vehicle is always the liability of the moving vehicle. clearly from the link it proves it isn't, I think you are being disingenuous by trying to read more into a post than is there.



  • Registered Users, Registered Users 2 Posts: 7,358 ✭✭✭bladespin


    Doesn't make it illegal either or resolve someone of responsibility if they drive into it.

    MasteryDarts Ireland - Master your game!



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,838 CMod ✭✭✭✭magicbastarder


    but the vehicle (or the part of the vehicle) in question in the example you linked was not stationary. that was my point.



  • Registered Users, Registered Users 2 Posts: 10,896 ✭✭✭✭Spook_ie


    So now people want to argue that opening a door means a vehicle isn't stationary, you've been paying to much attention to AJRs method of debate.



  • Registered Users, Registered Users 2 Posts: 805 ✭✭✭CreadanLady


    Whether they are legal, illegal or a grey area is absolutely and totally irrelevant to your liability. At the end of the day the court will look at this through the lens of a "vulnerable road user" being struck by a motorist, a motorist who is licenced taxed, and INSURED. As with cyclists and pedestrians, it doesn't matter if they vulnerable road user was blatantly reckless with their safety or not, the insured motorist will be deemed to be liable almost by default. They only thing the court might do is, in extreme circumstances of recklessness, make a finding of contributory negligence which might reduce the payout by some percentage. But the long and the short of it, you will be found liable and your insurer will have to settle regardless of anything anyone says about the legality of scooters. That is just the way it is.

    Also, I think you should consider yourself to be blessed to be getting away with a €500 bill. Count yourself extra lucky if there isn't a personal injury claim coming your way once her parents and friends get into her ear.

    Also, it was incredibly foolish to take her into your car and bring her anywhere. Are you male or female OP? If you are male you have been stupendously foolish as you would leave yourself open to retrospective claims of coercion, abduction and sexual molestation against which you would have no defence as there would be no female witness to testify in your favour. You should not have done that. You should have called the Gardai, or maybe a female passer by to assist her and be a witness while ye exchanged details.

    The MFV Creadan Lady is a mussel dredger from Dunmore East.



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  • Registered Users, Registered Users 2 Posts: 3,086 ✭✭✭Sarn


    Based on the OPs update, she crashed into him when she was travelling the wrong way down the road. In that situation the liability would seem to be on the motorised vehicle travelling in the wrong direction. It really highlights the need for a dashcam.



  • Registered Users, Registered Users 2 Posts: 9,464 ✭✭✭TheChizler


    I don't think anyone can give you any meaningful information until you tell a consistent story. In one post you clipped her with your left wheel, in the next she drove into you, she was on the footpath, she was on the road, she was going "at speed", yet managed to remain standing after a crash.



  • Registered Users, Registered Users 2 Posts: 13,995 ✭✭✭✭Cuddlesworth


    This and only this. Could have been a cyclist or pedestrian who hit you and if it went to insurance, they would pay out without hard evidence otherwise.



  • Registered Users, Registered Users 2 Posts: 10,896 ✭✭✭✭Spook_ie


    Have to disagree, have a Gard witness the incident is good too, had a pedestrian run across the road and into the side of my slow moving car, witnessed by a Gard, pedestrian was pulled up by the Gard and given a dressing down for being a pr1ck.



  • Registered Users Posts: 46 ShadeRunner


    Fair. Reflects the holes in my own head. I didn’t see a lot, and she wasn’t making any sense but …

    She was moving (speed unknown but she admitted to not braking) in the wrong cycle lane along road perpendicular to mine.

    I was moving, slowing towards a stop. Briefly left/right but mostly right for oncoming traffic.

    Heard “crunch”. Looked left and saw her still standing, at the left wheel side of car, beside the bonnet. She said her back wheel at gone under the left tyre but on inspection, the front wheel looked misaligned. Maybe she hopped off and it went under the wheel? She didn’t fall.

    To be honest I just don’t know. I don’t know if I “clipped” or “rolled over” or what. I didn’t see anything. Just heard the God awful noise and tried to fill in the blanks afterwards.



  • Registered Users Posts: 46 ShadeRunner




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