car crash - insurance - liability

bp_maher

Hi, I was involved in a 3 car pileup, with my car in the middle. The guy in front fled the scene. Damage to the front & rear of the car. My Insurance company deemed my car beyond economic repair and paid out the market value for my car.
I know my insurance will increase next year, but looks like the guy who crashed into me is not liable for anything. If the car was reapired I got the impression that they might have pursured him for the damage to the rear of the car, but coz it was written off, they aren't pursueing any damages.
oh, yes, and the guy behind is with the same insurance crowd.
Is this the way the system works? Doesn't seem right somehow.

beer enigma

bp_maher wrote: »

Hi, I was involved in a 3 car pileup, with my car in the middle. The guy in front fled the scene. Damage to the front & rear of the car. My Insurance company deemed my car beyond economic repair and paid out the market value for my car.
I know my insurance will increase next year, but looks like the guy who crashed into me is not liable for anything. If the car was reapired I got the impression that they might have pursured him for the damage to the rear of the car, but coz it was written off, they aren't pursueing any damages.
oh, yes, and the guy behind is with the same insurance crowd.
Is this the way the system works? Doesn't seem right somehow.

An insurance company would normally assess the vehicles to apportion the damage & liability attached to each vehicle. In effect, you caused the accident, so the majority liability would be yours - they 'should' then look at the damage to the front of the car that hit you & work out from that how much additional damage was caused to your vehicle (and potentially the obe in front if he'd stayed around) by that car hitting yours.

At that stage they would seek to recover that proportion of liability from the 3rd cars policy, which they probably are doing - as its all with one insurer is not a very visible process & whilst they probably will recover, you may not know about it. You're entitled to get a breakdown of payouts on the claim & if you phone the claims dept, they should oblige.

The claim probably wont be finalised for a while as they have to allow time for a possible incoming claim from the front vehicle that you hit

Dubh Geannain

My understanding was that in most cases like these the liability lies with the car behind because it's up to the following car to give enough distance for emergency braking.

The fool that left the scene would probably have been able claim off you and then you off the guy behind. So you're probably lucky that he fled.

Happened my brother a couple of years ago. One driver decides to stop to turn off on a National Carrigeway without indicating. Car behind braked suddenly just missing the first driver. My brother went into the back of him and then another car into him (4 cars invilved in total). In this case anyway the insurance was claimed off the car behind. The person that caused the accident and ended up not getting hit had no liability at all.

If I remember rightly she even tried to sneak off at like 5kmph not even stopping to see if everyone was okay. :mad: The first guy out of the cars ran after her and got her to stop.

PCPhoto

have a look at this : similar to your case:

http://www.examiner.ie/ireland/rise-of-swoop-and-squat-car-crash-scam-90941.html

my guess is that the first guy was either a learner or uninsured/taxed and disappeared before gardai arrived.

NUTLEY BOY

The sequence of collisions is not clear.

Did you hit the car in front first before being hit from behind ? If so, the car behind you is proportionately liable for your damages.

If the car behind hit you first then he is fully liable.