Accident - Who is at fault?

[Mayo4Sam]

RIght ads heres the details of an accident, let me know who u consider to be in the wrong.

Car 1 is leaving ona small residential road, comes to a T juntion with a yellow box, turning right. on the lefthand side of the yellow box there are 2 lanes, on the right hand side 1 lane lined out on the road, but normally 2 lines of traffic. there is a car in the right hand lane and car 1 proceeds slowly out and runs into car 2 which is leaving the right handside for the outer of the 2 lanes on the lef hand side. There is damage to the bumper of car 1 and to the rear passenger door of car 2.

Car 1 thinks he is right because car 2 was technically overtaking and he had right of way.

Car 2 thinks he is right as there is normally 2 lanes of traffic and so car 1 ran into him.

Who is in the wrong and liable?

[Ryano]

Car 2, end of story. If it's marked out as a one lane carriageway and he decides to make it into two lanes then obviously he is wrong. Has not got a leg to stand on. If he crossed a solid white line all the better for you! Go see a solicitor and report it to the Gardai too.

Same story here in my place of work. There is a roundabout immediately after you exit our estate with one lane entering it. However it is regularly turned into two lanes by drivers during rush hour. The Gardai are regularly out doing people for dangerous driving here because of this. Like shooting fish in a barrel for the boys on blue.

[MaroonAndWhite]

Wouldnt be as clearcut as that Ryano.....C

[MaroonAndWhite]

Wouldnt be as clearcut as that Ryano.....C

Wouldnt be as clearcut as that Ryano.....Car 1 seems to have been emerging from a minor road onto a major road. It depends on the flow of traffic, whether Car 2 was stationary and could see car 1 and took off as Car 1 was pulling out into the box to take a right. It will likely be argued by Car 2 that there is an onus on the car emerging from the minor road to ensure there is no traffic coming from his right hand side. On the other hand, if it is one lane only on the right, the other party would have a responsibility also. The Insurers should send a rep out to see where it happened but without seeing where it happened its hard to call. Sounds like one that might be a split liability.
By all means report it to the Gardai but they are unlikely to investigate fully unless someone was injured in the accident. And a prosecution for dangerous driving etc is very very unlikely when they did not witness the actual event.
Solicitor not needed yet....see what Car 2's insurance company are saying first. If you are unhappy with what they are saying, then by all means go to a solicitor. If anyone is injured, you can apply directly to the Personal Injuries Assessment Board without going to the expense of appointing a solicitor (If a solicitor makes a PIAB application on your behalf, you are liable for the cost of the solicitor not the insurance company as a solicitor is not necessary to make an application)

[supersarsfields]

Def not clear cut at all. And I wouldn't go running to a Solicitor just yet. As Maroon said your insurance company will send someone out to the scene to do a locus report. This will involve getting a statement and diagram from the driver, pics of the scene, points of impact etc. Only after that will they make a decision on liability.

However because the damage to Car 2 is so far back, ie the rear door I'd feel that Car 1 will be at least held partically liable as they could be held liable for emerging from a minor road without due care and attention.
At the time of impact was car 2 across the dotted line?

[supersarsfields]

I actually wok for an insurance company and Belfast is crazy with personal injury claims. Far worse than Dublin!! People putting in maybe 2-4K injury claims when there's only been maybe 300-500 pounds worth of damage. It's a joke. I know some are genuine but me, being very cynical, thinks their only the minority!!

[An Fear Rua]

Police didnt want to know.

[Mayo4Sam]

However because the damage to Car 2 is so far back, ie the rear door I'd feel that Car 1 will be at least held partically liable as they could be held liable for emerging from a minor road without due care and attention.
At the time of impact was car 2 across the dotted line?

Yes car 2 was but no way of proving that, its is definitely 1 lane to the right and the car there waved me out as she couldn't make it across the yellow box, car 2 came up on the outside as is common practice on the road and as i was pulling out he was passing.

I do think i'll be held partially responsible for it, i did go into him but then hopefully it'll be 50-50, theres very little damage to my car and his was a '08 mondeo.

Also complicated by my working with him!