Crashed my e39 ????

ALAN83

ALAN83

Well-known member
Alright lads , crashed car this dropping kids off to new babysitter this morning .
Wasn?t sure of the road and was driving straight when a car came from the left and I hit him doing about 20 mph
Main thing is no1 was injured , it turned out the road swung to the left so it?s my fault driving straight into the side of him.
I will upload photo of my view driving which shows very little if any line in the middle of the road to show it swings left .
Ur man I hit says there?s 2k worth of damage , I?m probably gonna have to go through insurance on this but surly there should be a clear line in the centre of the road showing it swings left

Any advice lads on what I should do ?
 

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In the eyes of the court you are liable for the other drivers damage, driving without due care and attention. What you need to do now is transfer your liability to the County Council or whoever is in charge of that junction as it is very badly marked and I can see how it happened, they are the cause of your mistake.

Get legal advise

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Have to agree with Seanie on this one. It?s possible (but not probable) that you could escape some liability by arguing that there are no road markings. However, even if you did succeed in that, the claim would still be 50/50 at best meaning you?d still have a claim, possible loss of NCB (if it?s not protected). In terms of future insurance, the difference on premium between having a fault claim of ?2k or a fault claim of ?1k is bugger all so not worth the hassle of trying to fight it.

Your insurance company won?t fight it on your behalf either - would cost them more than ?2k to do it.

Best bet is to take loads of photos, write an account of the accident and try get the council to accept liability. Again, this won?t be very easy at all as they won?t want to set a precedent and, in any case, if you claim on the insurance then you?ll find it difficult to pursue the council as, technically speaking, you?re not out of pocket - the insurance company have assumed the cost so they are the only party that can officially take a claim and, again for ?2k they won?t be bothered.
 
I accept i am in the wrong , just sick :banghead: 420euro road tax for 3 months , then to be in this position with very badly marked junction and 2k out of pocket .

looking on the bright side im glad it wasnt the impreza i crashed .
 
That's rough man.
As said above, get plenty pictures and stuff and it's worth a shot trying the council. Don't have a clue how that'll fix your NCB but if you could get the 2k back it's something.
A guy local-ish here APPARENTLY got his 4 wheels refurbed and front bumper replaced when he hit a pot hole and ****ed the wheel and bounced the bumper... No idea if it's fact, but I have heard lol
Always worth trying
 
Very badly marked but

there is a stop sign on the opposite side of road.

Is is there any other signs further back showing road goes to left??

Dont think you have any chance trying to get council/ corps to admit to any liability
 
True there is a stop sign and yes prob end up fighting a losing battle.
I swear there?s a f@cking black cloud following me around this year !
 
Alan did any gardi measure where cars were on the road?

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As far as i know thats what court proceedings are based on.

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So depending on road width and markings etc on thr gardas report .........

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I?m gonna pay it and keep insurance out of it . My 2 insurance policy?s would go through the roof.
I will lodge a complaint to council with photos and damages caused, prob get no where .
It could have been much worse if he had hit side of my car with kids in it
 
Could be right Alan they are only waiting to get stuck in plus a claim pending will mess up next renewal until it?s sorted. It?s a bad junction that clearly needs a few lines of paint did you have the guards at the scene if so a report from them might go along way with council. I got sorted out before for a wheel off van that hit a pot hole took a while but they paid out hole fixed result I thought. I know a different matter. Hopefully you?re bad luck will end soon
 
Stick up a fight with them, telling you it's worth a shot.
They pay out the odd time, but they deffo won't pay out if you don't try ????????
 
About 15 years ago a lad I know came off his scooter either hitting or avoiding a pothole and broke his arm. He took 10k off the local County Council whatever way he pursued them.

Might be worth a well worded solicitors letter accompanied by photos, report and costs.

Or a well worded letter/email from yourself with all details asking for their response before you go further or take legal action.

I find emails best as you have a complete record of all responses

Not worth pursuing any further than that for 2k

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The Tail said:
So depending on road width and markings etc on thr gardas report .........

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Click to expand...

That's true actually too... With the line being so faint, if the other driver was over the line he's automatically in the wrong... As far as I know lol
Usually there's photos taken of the crash and where the vehicles ended up and where tire marks started etc
 
The line is there but yes its faded and way road is staggered then i would say should have been caution going straight.

But could try a letter into council regards upkeep of road markings. But cannot see getting anywhere with them
 
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I agree Dave , but I was following google maps and not sure of the road . Surly it should be marked up better .
I?m at fault no doubt and I?m so grateful he didn?t hit side of my car with kids in it .
It?s easy to sit back and anilize that photo but when your driving and not sure of road .

Got overdraft on my account today and garage who quoted repairs said he can?t accept bank transfer and ur man wants cash

The world is mad
 
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It?s very badly marked and broke up..

But problem you have is if the other guy contacts insurance they will more than likely pay up regardless of what you want, they may not even let you know they have paid...

My focus would be on getting it sorted in away you are protected from further claims, so I would get legal advice, maybe even ask insurance company, if you pay the 2k you have taken full liability and he has a year or 2 to lodge a personal injuries claim so try get yourself protected some way...

Persue the council if you want after
 
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