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Driving accident wasn't my fault. Should I pursue it?

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Question - (18 August 2012) 3 Answers - (Newest, 21 August 2012)
A female Ireland age 30-35, anonymous writes:

I was driving home tonight from town and i was on the stretch to my house when i turned a corner slowly and as i was coming up the road a car passed me on my side and broke my wing mirror. i was was really shocked and nearly shit myself. the drivers husband was too nice and said that it was 50/50 cause its a country road. there is more damage done to my road but i am a learner driver and i had my brother with me.I know i'm beat there but i wasnt in the wrong. I had a driving lesson yesterday and I know i wouldnt make that mistake cause it was dark and i am not able to drive quick or else i will be sick. should i pursue them to pay for it or should i drop it?

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A female reader, Ciar Canada +, writes (21 August 2012):

Ciar agony auntUltimately the decision to pursue this rests with the registered owner of the vehicle you were driving.

Just to clarify, were you in the process of turning into the country road or had you already successfully completed the turn at the time you were hit? It may seem like a silly question but it matters.

When you say you're a 'learner driver' I assume you mean you hold a valid, temporary permit to drive if accompanied by a fully licenced driver? And your brother is fully licenced?

There is a prevailing myth here that if an accident occurs on private property then either everyone is equally at fault or no one is at fault (depending on what ever self proclaimed insurance expert you happen to be talking to). It sounds as though there is a similar myth there about country roads. It's pure rubbish. The rules that apply to public roads or city roads also apply to country roads.

Insurance rules may differ slightly from country to country but underwriting philosophies tend to be the same. If you were driving straight in your own lane and the other driver veered into your lane and hit you, then he is 100% at fault. What I'm not sure about is how the deductible would be handled over there. Here yours would be waived (he would pay his).

In case you don't know what a deductible is, it's the amount of money you would pay in the event of a loss. For example, if your Collision deductible was $500 and you were held 50% at fault, then you would absorb $250 worth of the cost to repair your car. Your insurer would cover the rest.

To be certain, and for your own future reference, you could call up a broker (one that isn't already yours so you don't have to give a real name and policy number) and ask them as a general question. Then ask what the consequences are to you if you submit a claim.

My guess is the other driver knew full well he was in the wrong but saw that you were young and inexperienced and decided to bluff his way out of it. If he was innocent I don't think he'd have cheerfully paid out of his own pocket for damage you caused.

I think you (or the owner of the car you were driving) should pursue this. Private settlement is also an option if you don't want to involve insurane companies (but talk to the other broker first).

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A male reader, Dr.LanceMerryweather United Kingdom +, writes (19 August 2012):

Dr.LanceMerryweather agony auntTo be honest, if your insurance 'laws' are the same in Ireland as in England, I wouldn't bother.

If I was the other driver, I would say ok, let's do this through the insurance, knowing full-well you won't pursue it as you would then have to stump up your 'excess' which would probably be far more than the cost of a wing mirror. There would then be no guarantee that the insurance company would find in your favour, which would leave you seriously out of pocket.

Car insurances stink, as do insurances in general, sorry to say.

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A female reader, Dear Mandy United Kingdom +, writes (19 August 2012):

Dear Mandy agony auntHi

I would persue it, he was in the wrong here.

Mandy x

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