Crash Dispute

Delfina

Hello,
I'm looking for a bit of advice regarding an accident i had recently. Basically, a guy was driving toward me, lost control of his car & crashed straight into me - head on. I have some back/neck pain & the other driver was carted off in the ambulance - he is ok though. The guards/fire brigade etc were called - I had to be cut out of the car.
The guards have informed me that the other driver is claiming it was my fault:mad:. The evidence (skid marks etc) show it was his fault. Both cars are written off.
The guards are looking to prosecute for dangerous driving also.

Does anyone know what the general procedure regarding the car is..ie will they both be assessed by our insurance companies? I have started the process of claiming against his insurance - if they are disputing it will they send someone independent to look at the car? My insurance comp' have closed it off at their end as I'm claiming against him...If he claims against me, what will their involvement be - will they have to investigate?
Also, I know that guard report will prove he was at fault - will i need to wait for this for it to be resolved?

Sorry if this is not making sense - I'm totally confused about what happens in these situations..
Thanks for any advice

Anan1

Basically, you let the insurance companies sort it out. It's their problem, not yours.

L1011

Are the Guards intending to prosecute just him? I'd presume so but it'd provide some clarification.

There's a slight chance his insurance company won't entertain / will discourage him making a claim, but if he does, your insurance company will be fully involved as they'll have to investigate and in theory should be fighting the claim (although some have a propensity to roll over and die). You'll probably have to meet assessors from both, have the damaged vehicles investigated (presumably yours is now off in a police compound somewhere, as would his...), probably give statements to both insurance companies.

If what you're saying is accurate he's basically pissing in the wind by even trying to claim it was your fault, but prepared for a world of paperwork to try to defend yourself. Once thats done its up to the insurers to figure out liability, really. If theres injury claims, it gets more complicated; and worst case could be a court date to settle liability on those.

Delfina

Thanks for the replies. The guards are looking to prosecute someone - they can't say which one of us at this stage - as it was obviously his fault - i know they are going after him though.
His car was towed away - could he not take itt away from the garage before the insurance companies get to it? I'm just worried as there was no witness to the accident so I'm relying on the cars & road markings to show what happened.
Also, I notified my insurance company - they were soooo nice, "if you need anything just call me etc". Now I cant get through to someone to speak about it....

LoopyBum

... if the gardaí are clear it was the other driver's fault, then, as easy as it is to say, try not get in a twist about it. If the accident really had nothing to do with you then please sit back and relax and yes it will take a stupid amount of time and letters and signing papers and drawing diagrams of where you were, he was, etc. Be prepared for him to send you a solicitor's letter even, but do not respond, contact your insurance company on the spot, keep a copy and send them to original letter... (belt and braces)!

Good that you get your claim in there straight away. Yes both cars will be assessed by both insurance companies. Insurance companies will hire an independent assessor to visit each car in its place of rest. If both cars are written off as you say then this has already happened? Or are you just using the term 'write off' to stress that both cars are indeed in sh 1 t? Head on at most speeds usually does mean in sh 1 t!

The hard side of all this is this... even though you are not in the wrong... the cost experienced by your insurance company defending his claim in court, should he make a claim, could result in your policy going up anyway. Remember, it's not a No Fault Discount, it's a No Claim discount. This was pointed out to me recently by a solicitor. So no jumping down my neck on this people! I'm saying it may go up, it may not.

If the gardaí have not issued you with any charges in relation to the accident, then it would appear it is the other driver you are talking about in regards to the gardaí filing charges. The sick thing about these things is that yes he more than likely will make a claim. Be prepared for a whole host of lies about what you did etc... take no notice, just pass on any letters etc you get from his side to your own insurance company. You don't need a solicitor yourself on this. But to free up your mind, just ask your insurance company up front what you are to expect and what you are to do next. Your insurance company should fight a better fight once they have the official garda report which you reckon will clear you. Best of luck

Dirty_Diesel

A similar thing happened me years ago. If he was indeed driving in a dangerous manner and the gardai can somehow prove this, then your civil case can sit on the back burner for now. Let the gardai take the criminal case against him first, and if/when he is found guilty (even if it's dropped to careless driving) his insurance company will pay out more or less immediately. Did the gardai give you the speech about you may be charged, bla bla bla? If not then afaik they wont be charging you with anything!