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Oisin View Drop Down
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Joined: 26-May-2004
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Direct Link To This Post Topic: Minor accident
    Posted: 15-October-2005 at 14:12

Quick question for ye!!tis dame annoying!

My father was coming home yesterday,say six cars in a line behind a tractor nobody taking over so out pulls my father and takes over,just as he passes the car behind the tractor,a car pulls out going into the side of my father damaging the wing mirror and and wing! Guards called, and they say 50/50 decide yourselves. Even though its not our fault but her's I'd say she was'nt looking properly or was a blind spot in her mirror.We're now left with repairing our car!

Solicitors will cost more then the repair! but how can we get her back! as she just keeps saying that my father went into her and that she was in the right!!!

Any suggestions would be great!!thanks. 

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Kin Mak View Drop Down
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Direct Link To This Post Posted: 15-October-2005 at 14:22
When something like that happens and as long as your dad was not passing a solid white line to pass I would say it is the person that initiated the contact. That means the person who went into the other persons car. That is my take on it.
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Funs over, Scotty; beam down my clothes!

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Direct Link To This Post Posted: 15-October-2005 at 14:45

That would appear to be her fault, as it would be the same as if she cut in front of him from left lane to right lane on a dual carraigeway/motorway - she wasn't exercising due care and attention.  Also, he had use of the road.

Did he, by any chance, get any pictures of the scene, and did he get the name/number of the guard who came to the scene of the accident?

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Direct Link To This Post Posted: 15-October-2005 at 15:01
No, her fault, that's what rear view mirror is for, over taking is a basic manouver during the driving test. Just because you have your indicator on does not give you right of way, so she should not have pulled out - it's thankfully not (supposedly) DTM out there. She has a case to answer for, if the damage is significant, you should get redress, the Garda is wrong.
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Direct Link To This Post Posted: 15-October-2005 at 16:04
Her fault - but be careful as overtaking more than one car at a time could be frowned upon. Maybe someone else can comment on this but I think its one car at a time and back in, check all is OK and go again.

A friend of mine got pulled for overtaking three cars in a row a while back so - was going to do him for dangerous driving, the last car he overtook was an unmarked car.  He was on a broken line etc and wasn't above the speed limit either.

Mind you I think most people have been guilty of this.
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Direct Link To This Post Posted: 15-October-2005 at 16:20

I got stopped for that between Waterford and Kilkenny a few years ago - 3 mile straight, traffic doing 25mph in a 60 zone, and noone overtaking; I overtook 4 cars and the lead offending hippymobile and got pulled by an unmarked un-uniformed garda (not even a blue light or siren - saw him coming out behind me and knew straight away when he flashed his headlights).  No sign of traffic coming the other way, and didn't go over the speed limit (had hit the cruise button after the overtake).  He reckoned I was speeding, but had no way of proving it.  Garda turned out to be fairly sound.

Funny bit was when he was looking in the car, he saw my CB and thought maybe it was a scanner.  Checked the boot, to be met with the aeriel for the CB in the boot, along with a row of amps set up, and a head unit, changer, 2 amps and a set of 6x9 speakers peering out at him.  Looked up at me and went away laughing!

I felt sorriest for the poor hitchhiker in my back seat.........

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Direct Link To This Post Posted: 16-October-2005 at 02:59
Is there not a rule here, like the Uk, that you must leave sufficient space between you and the car in front to let an overtaking car in ?  Something like the 2 second rule. Could be wrong, pretty annoying when there's a line of traffic and nobody overtaking when safe to do so.
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Oisin View Drop Down
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Direct Link To This Post Posted: 16-October-2005 at 11:48

So the picture is dont take over a number of cars in one go!!never knew that,,learnt somthing.

ya we got her name an L driver but she protests innocents!! Guards have names but said sort it out yourselfs or go to solicitors..

I know now always shut your mouth!!!even if you where wrong otherwise U'll be shelling out....(thats my take)

I always thought the guards would say though,,who's in the wrong!!!

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Direct Link To This Post Posted: 16-October-2005 at 14:23
[QUOTE=Bimmer525]

So the picture is dont take over a number of cars in
one go!!never knew that,,learnt somthing.


ya we got her name an L driver but she protests innocents!! Guards have
names but said sort it out yourselfs or go to solicitors..


I know now always shut your mouth!!!even if you where wrong otherwise
U'll be shelling out....(thats my take)


I always thought the guards would say though,,who's in the wrong!!!

[/
QUOTE]
Nah, Thats up to the courts.
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Direct Link To This Post Posted: 17-October-2005 at 07:27
Make a complaint about driving without due car and attention.  Then its a Garda matter.
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