Claiming On Insurance After Accident

maggie1969

Could somebody please explain to me what happens when someone claims you are at fault for a car accident (though you deny total responsibility), and want to claim on your insurance?
My elderly uncle was overtaking stationary cars when a speeding car came towards him (though the other driver claims to be within the speed limit), and they hit wing to wing. The other driver is claiming that my uncle was too far out on the road, which he had to be to overtake the stationary cars. He says they were not in control of the car as the way was clear when he started to overtake, and they came at him at such speed they hadn't time to avoid him. They claim their car is a total write off but my uncles car was just damaged on the door. The other driver is on their first provisional licence and was not accompanied by a full licence holder. Also had a bald tyre though they dispute this too.
They are looking for money to maybe avoid going through insurance, but we don't want our uncle to pay up as it was not totally his fault. Though if it goes to court, it will be so stressful for him. What should we do?
Could somebody please give me advise on this??

nialler

Hi Maggie

Did he get the other user's details, if he did, contact your uncle's car insurance company on his behalf and let them do the work, the insurance companies state that you should do this in the event of ANY accident involving a car, so basically tell them all the details and supply the name and address of the "said" injured party and let Uncle's insurance company follow it up, they've much more experience in these matters.

vengeance52

was there any witnesses to this? the insurance company will send out an accessor to try and work out what the damage is, and if its worth settling without going to court. advise any accessor or garda that the other car had the bald tyre and let them look into it. As far as prov licence goes, this happens regular and it wont be a 'loop hole' to avoid the claim against your uncle.

Has the matter been reported to the Garda, and has your uncle spoken to someone in his own insurance company

maggie1969

Thanks for the advise guys.
We are not sure if there were any witnesses or not. Yes, the guards were there and took down all the details of both vehicles but don't seem very interested. Yes, he knows the other persons details and we have also contacted my uncles insurance company. We will be following up on this on Monday.
We also guessed that the licence thing was not going to matter. It is probably a matter for the Gardai. Not sure about the tyre issues. We are just afraid if there is a claim against him, that he will be refused insurance the next time his policy is up for renewal, and then his independence will be gone.
The other person is threatening my uncle with court if he doesn't settle and obviously being an old man, he is afraid of this. It's his first accident and we are all very stressed by the it.

vengeance52

you uncle will not just be refused insurance. he will loose his no claims bonus and will have to pay a higher premium. the amount varys depending on the car, the driver and location.

Dont pay this guy just because he threatens court. if there is a claim on his own insurance, he will loose his no claims bonus, and as a young driver with a prov licience, it was cost him alot more, thats why he wants to settle away from the insurance company.

Dont speak to the other driver again and leave it with your insurance company to deal with him. make sure you tell them that you saw a possible bald tyre on other persons car, as this may be grounds that the other car was unable to brake safely.

nialler

Tell your uncle not to fret at all, this kid is using bullying tactics and knows what is at stake, as the previous poster stated, DO not under any circumstances speak to this guy again and put all matters in the hands of the insurance company, and if the guy repeatedly calls then report him to the gardai and let them have a word with him.

maggie1969

Thanks everyone. That advise has put our minds at rest a little, at least for the moment!

vengeance52

no probs, any more questions, just give us a shout.

Nermal

vengeance52 wrote:

Dont pay this guy just because he threatens court. if there is a claim on his own insurance, he will loose his no claims bonus, and as a young driver with a prov licience, it was cost him alot more, thats why he wants to settle away from the insurance company.

Well if he is not liable, and judging by the description of the accident he is not, he will not lose his no-claims bonus because no claim will be made against him. The OP's uncle's insurance will pay for all the damage.

Your uncle must weigh the increased cost of his future insurance if he makes his insurance company pay, versus the cost of paying for the damage to the other driver's car himself.

maggie1969

We are saying that too. Will it cost him more in the long run, if it's found that he's liable for the accident, than just paying this guy and hoping he'll be happy with that. But if he pays out of court, won't that be like saying he is definitely liable? Our original plan was that we'd call it 50/50 and each pay for their own repairs but he's (the other party) having none of it, saying that my uncle is totally at fault. It's a mess!

markirish22

well considering he was illegally on the road for a bald tyre and no one accompanying him while on a provisional if not his second then he is not supposed too be on the road and is his fault. ring him back and said you read about insurance law and state he is liable because of this and see if he is a bit more helpful and changes his tune, he's just trying too bully because hes afraid himself. have none of it, and if continues tell him too f off in polite terms.

DonJose

That little sh!t should have been prosecuted for driving unaccompanied. Take up this matter with your local traffic corps and also mention it to your Uncles insurance company.

I contacted the traffic corp about provisional licence holders driving unaccompanied and got the following answer, "You can be assured that An Garda Síochána have prosecuted provisional licence holders for driving unaccompanied. The offence is in effect driving without a driving licence."

markirish22

if you do contact the traffic corps as donjose said your uncle will not have too pay and his unsurance wont either but the other guys insurance will be void i believe and you will be waiting on a court order for the guy himself too pay.

the_syco

maggie1969 wrote:

They are looking for money to maybe avoid going through insurance

Being on prov must be costly, and they know well that if the insurance was involved, they'd have to pay more.

Also, "innocently" ring up their insurance company, and ask could you get insured on a prov license (it may be under their parents), and if so, can you drive it without a fully licensed passenger. If the answer is no to both questions, the opposition may want to avoid the insurance, as they'd string him by the balls, imo.