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Car Accident while Passenger in a Taxi

  • 13-03-2009 9:19am
    #1
    Closed Accounts Posts: 140 ✭✭


    Hi guys

    I was in a taxi last week that stopped at the side of the road, while we were stopping we got rear ended by a VAN

    Thankfully and most importantly everyone had seatbelts on and there was no injuries

    My back is quite sore, I have since been at the Doctor and Physio etc

    The VAN driver had admitted full responsibility and his insurance companies solicitor is now ringing me, telling me NOT to contact my Soliciotor and that they want to settle out of court

    What the hell is going on ???

    I had no intention of anything like this, i was just happy that no one is injured

    What should I do ?

    I didnt say anything to him on the phone, as now im afraid to say anything in case i say the wrong thing

    What should i do ??????

    Get in touch with my solicitor i presume is the next step ?????


Comments

  • Closed Accounts Posts: 155 ✭✭cooperla


    A solicitor telling you not to ring a solicitor???? The first thing I would do is contact a solicitor. And tell him the name of the guy who told you not to contact him.

    It doesn't sound good mate and I would automatically be suspicious of someone trying to take advantage of me.


  • Registered Users, Registered Users 2 Posts: 185 ✭✭Quaver


    Go see a Solicitor straight away. If the Insurance Companies solicitor contacts you again, tell him to contact your Solicitor.


  • Registered Users, Registered Users 2 Posts: 124 ✭✭servicecharge


    They are trying to get you to agree on a figure for damages. They will probably offer you a low figure and tell you that you have 10 days to answer or they will withdraw it and reject any piab figure.

    You should: either contact a solicitor - a solicitor will charge around 2000 euro to take the claim in PIAB or between 300-600 just to deal with the insurance company.

    I would suggest in such a situation that a person not take the money as they could have a serious back problem that could last years and might not be obvious at this point.

    If I was in your boat I would say 'I'm waiting on my medical report' go away.


  • Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    Yes absolutely as servicecharge said. I'd also say that dont be put off by those figures such as the €2k for PIAB as that wont come out of your pocket but the other party responsible will be liable.

    Liability isnt an issue on this, there's no Q of who was to blame and also the fact that you had your belt on will help you in recovering damages (money) as there will be no Q of contributory negligence on your part ie if you didnt have your belt on the other side can have damages reduced.


  • Registered Users, Registered Users 2 Posts: 124 ✭✭servicecharge


    Actually the 2k will come out of your pocket. Only if you proceed to court after piab will your legal costs be recoverable.

    The PIAB booklet of quantum puts back injuries up to 16,300 if you are significanly recovered after six months.


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  • Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    Yes I should of said that but only if both parties agree to the Assessment, then the PIAB costs come out of the Claimants award. It's a big sting in the tail and it's one of the reasons I said in another thread why PIAB is unfair.

    It seems in cases like this where liability isnt an issue that Claimants will reject the PIAB award and proceed to litigation where they can recover their costs.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    You better be sure that the accident was reported to the Gardai. Ring the station local to where the accident happened and ask if they have a record of the accident. If not, you report it. Hopefully, you have details like identities, registration numbers and so on.

    People who try to steer potential claimants are always to be regarded as suspicious as they often don't have insurance, a licence or they may want to avoid contact with the Gardai and so on.

    How do you know that the person who contacted you is a solicitor or that that they act for the insurance company ?

    Simplest solution : keep it all up front and don't so personal deals with other parties to an accident as they usually turn sour.

    Also, contact PIAB yourself.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    NUTLEY BOY wrote: »
    How do you know that the person who contacted you is a solicitor or that that they act for the insurance company ?
    Indeed.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    We know the rules! Legal advice is not to be given.

    OP: Solicitor. None of the above comments are to be relied upon.


This discussion has been closed.
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