Car Accident, Whos at Fault?

There's separate issues

the Insurance covers damages to the cars. from what you have said its clearly the other parties fault AND they or their insurers are liable to pay for the repairs to your vehcile

If you have witnesses then that will help you.

From what you have said: if you were on the main road and someone pulled off a side road into your path (then assumning there are no other factors ie traffcic light controls, give way signs etc) then you are not at fault. its the person who is entering the main/major carriageway who must take all steps to avoid incident)

the problem you face is that most insurance only covers you when your are driving in accordance with your licence (and you weren't), meaning your insurer (assuming there was perceived some element of fault on your part) will not pay out to you.

if the other parties insurers accept it was their clients liabiulity then you can get payment form them as there is no longer a trheshold of you drivign in accordance as your insurers are not oinvolved.

so if you can prove (through witness statements) that its not your fault then you are home and dry.

however getting a witness to actually put that in writing is tricky

you mention the guard (so I assume its an Irish question). if the Polcie were called then there shoudl be a report indicating what the Police suspect happened. if the report exonerates you then you take it to your insurer and claim off the other parties insurer

Using only the information from your question. You do not mention that you have insurance and even if you do, it would be rendered void because you are not allowed to drive without being accompanied by a fully qualified driver and therefore your insurance company would refuse cover and liability. Whose insurance have you been driving with previously? NO company would give a provisional driver cover in their own right. How do you know about the other driver? Is it just word of mouth? Are you in Ireland? You mentioned a Garda officer (guard) If so, your legal requirements may be different, however you also say that you have been driving without a full driving licence for over two years. How old are you? Were you too young to drive legally until recently? Two drivers driving illegally does not put either of you in the right, it just means the other driver has a rich parent who has forked out for repairs! Best of luck with this one.

Anyone entering a main road from a minor road has to give way to traffic already on the main road. As for the other driver not admitting liability, he doesn't get to make that call. The insurers will decide who is to blame, so sit back and leave it to them to sort out. It's what you pay them for.

Being a provisional driver does not affect the outcome of your claim. If you were accompanied by a qualified driver and were displaying front and rear L plates, and were insured as a provisional driver, you were legal and above board and have the same legal rights as any other driver.

You didn't say who had the right of way (stop sign, red light, etc.), but it sounds like the other guy is at fault whether he admits it or not. If he was required to yield to your vehicle before pulling out, he won't have a chance of defending his responsibility in court.

But yes, the provisional driver thing will probably come into play. Auto insurance policies all have a clause stating that the vehicle must be driven by a person who is authorized by law to drive it in order for them to cover a claim. If the conditions of your licence state that you can only drive while supervised by a fully licenced driver, and you were driving alone, the insurer will very likely try to deny your claim against them.

You'd be really wise to talk to a lawyer about this, because you may have to sue the insurer in court. And depending on what statement(s) you've already given, you may have lost the case before it gets in front of a judge.

You are BOTH at fault, you freely admit you are both provisional licence holders, no qualified drivers with you,you obviously have no license - therefore NO INSURANCE, you both broke the law, just be thankful it wasn't me you hit, I would have sued the **** off you, then got you banged up in jail.

You are both a pair of scumbags that cost law abiding motorists like me higher insurance costs.

get lost and crawl back under the stone you are from.

Hope the next time it happens, its a tree you hit.........waste of space that you are.

Why so many ? when they are not questions but a statement.

2 provisional drivers without insurance - heard it all now!

Screw it, I'm glad you got hit which means you will get prosecuted for driving when you shouldn't have either.

Don't worry Dylan when you have an accident you never admit liability,that decision is left to the police if they're called or the insurance companies. You fill in the relevant "how the accident happened" forms for your insurance,send them off and your insurance will get in touch. From what you say,you had right of way,not speeding,he hit you so in my humble opinion he's in the wrong. So long as you were legal,had a qualified driver with you etc then you have nothing to worry about. You may be able to claim for your injuries too. Doesn't help with your car being off the road just now but at least you know everything will be sorted out and hopefully in your favour. Good luck

Neither of you were insured or licenced to be driving those cars at that time without a supervisor

You are both on your own no matter who's fault it was and deserve everything you get

You were driving ILLEGALLY.

So his insurance won't pay out, your insurance won't pay out and if it does go to court, you may get damages, but that would also be you admitting to driving without a license, insurance etc, so you would then be banned from driving for two years and probably have your car seized, so not really worth it is it.

Ofc it comes into play you were driving illegally....i hope they throw the book at you.