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Hit an unaccompanied Learner

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  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    Years ago I was driving home from college and a car rolled out of a bank car park and on to a main road and hit my car. Lady runs out in a panic from the carpark. Oh so sorry bla bla bla, she admitted liability (obviously) and gave me her details. At the time I had a 10 year old car so wasn't going to go OTT on the repairs, 2nd hand indicator lens, some trim, panel beating and spray painting (mates rates) came to Ir£240 iirc. Rang her and she said no probs, following day she rings back and says lads she is working with reckon the price is very high for the damage she had done and also she queried was I on a first provisional (had L plates up and was alone in the car). I told her that I would be going getting more expensive quotes and going through her insurance if that was her attitude, some people are just muppets.


  • Registered Users Posts: 901 ✭✭✭EL_Loco


    RoverJames wrote: »
    The OP has no right whatsoever to dictate where the lady gets her car fixed, she is the inconvenienced party here. She would be well entitled to hit him for a rental car etc too if she was so inclined.

    on the flip side neither has she the right to pluck a figure out of the air. You would pay the garage invoice, and not some cash in hand settlement.


  • Closed Accounts Posts: 13,822 ✭✭✭✭EPM


    OP - for your own sake if you are going to pay it let the insurance company cover it and then pay them back. This will cover you if she tries anything. And it shouldn't affect your insurance afterwards either.


  • Registered Users Posts: 2,262 ✭✭✭Vertakill


    What I don't understand is how the OP's car can be undamaged, yet the 'victim' has 1300 euro worth of damage? What was she driving? A shopping trolley?

    Sounds like she's gone home and has been 'advised' by a boyfriend or some friends who've explained how she could make a quick buck out of this.

    If she won't budge on the 1300, I'd consult my insurance company and if you decide to use them, they'll no doubt want the damage assessed (due to the costliness) and you'd be surprised how that 1300, magically, shrinks into something more reasonable.

    If you got NCB protection you're laughing.


  • Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    Vertakill wrote: »
    What I don't understand is how the OP's car can be undamaged, yet the 'victim' has 1300 euro worth of damage? What was she driving? A shopping trolley?.

    I don't think it's that strange; I've seen a few similar accidents where the person being hit from behind took the brunt of the damage.


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  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    jpfahy wrote: »
    Be very careful handing over your own money for damage to her car. She can accept that then at a later stage make a claim from your insurance for personal injury. I've seen this happen.
    If you hand money over, get her to sign a disclaimer stating that the payment is in full and final settlement of any claim whatsoever in relation to the incident.
    This is very poor advice. What would most likely happen is that she'd tell the OP to get lost, would let her insurance deal with the matter, and would have no further scruples about claiming for personal injuries.


  • Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    Anan1 wrote: »
    This is very poor advice. What would most likely happen is that she'd tell the OP to get lost, would let her insurance deal with the matter, and would have no further scruples about claiming for personal injuries.

    But do you think it would be wise to admit liability, pay up from your own pocket without any sort of guarantee that this is the end of it? The insurance company would make her sign the same thing when they settle it.

    @goat2 - the indignation has been done already, and I think the OP knows he's in the wrong.


  • Registered Users Posts: 4,939 ✭✭✭goat2


    eoin wrote: »
    But do you think it would be wise to admit liability, pay up from your own pocket without any sort of guarantee that this is the end of it? The insurance company would make her sign the same thing when they settle it.

    @goat2 - the indignation has been done already, and I think the OP knows he's in the wrong.
    sorry
    but this happened me once, my car was wrecked to the tune of four thousand, i was on my way with a child in car, we got a bad bumping, seatbelt burns, sore neck, was on important errand, the fellow who hit me was having an nct, that was the end of it for the two of us, but in my case the person did not ask questions, we let his insurance and the garage do the work,
    it was an auful inconvenience, as i had to ask someone else to stop what they were doing and take care of us and the business i was about to do,
    i had to go without my car for a forthnite
    guess i know from experience
    but if the person who damaged my car said anything to lay burden on me, i would have lost it.


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    eoin wrote: »
    But do you think it would be wise to admit liability, pay up from your own pocket without any sort of guarantee that this is the end of it? The insurance company would make her sign the same thing when they settle it.

    @goat2 - the indignation has been done already, and I think the OP knows he's in the wrong.
    Personally, i'd let the insurance company deal with it and then decide whether or not to reimburse them and keep my NCB. The ins co won't (and can't) make her sign any guarantee that this is the end of it - she may have injuries that only manifest months down the line. IMO, the best way to reduce the likelihood of a PI claim is to be decent and straight about having her car repaired to her satisfaction. That way if she's borderline she might feel bad and not go ahead with it.


  • Registered Users Posts: 4,939 ✭✭✭goat2


    Anan1 wrote: »
    Personally, i'd let the insurance company deal with it and then decide whether or not to reimburse them and keep my NCB. The ins co won't (and can't) make her sign any guarantee that this is the end of it - she may have injuries that only manifest months down the line. IMO, the best way to reduce the likelihood of a PI claim is to be decent and straight about having her car repaired to her satisfaction. That way if she's borderline she might feel bad and not go ahead with it.
    she has 3 yrs from day of accident to make a claim on personal injury


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  • Closed Accounts Posts: 277 ✭✭fortuneteller


    I really feel for you here, That driver should not have been there in the 1st place.You wont get much sympathy from the clowns on here that are telling you to be happy she`s not claiming more...I just wish people with nothing helpful to say or positive would desist from posting.;)


  • Registered Users Posts: 4,957 ✭✭✭Hooch


    PCPhoto wrote: »
    there has to be a happy medium - the "injured party" could be getting quotes from a local garage and asking them to add on an extra couple of hundred ?

    similarly the OP could get quotes from a local garage and ask for spurious parts - cheapest quote possible.

    so thats why I suggested 3 quotes at least one of which would be a garage of the OP's choice.
    goat2 wrote: »
    she has 3 yrs from day of accident to make a claim on personal injury

    Two years isnt it now...??

    Three quotes is the best way to go.....at least it gets some idea of the figure. Although the injuried party can pick the most expensive if they want!


  • Registered Users Posts: 1,566 ✭✭✭thebiglad


    I really feel for you here, That driver should not have been there in the 1st place.You wont get much sympathy from the clowns on here that are telling you to be happy she`s not claiming more...I just wish people with nothing helpful to say or positive would desist from posting.;)

    Lets follow your logic...

    It is ok to hit a cyclist without lights then???

    A person in breach of any law will be entitled to claim - the same applies to rear-ending a drink driver, as I said in earlier post it is for the legal system to sort out any other aspect.


  • Registered Users Posts: 4,939 ✭✭✭goat2


    Two years isnt it now...??

    Three quotes is the best way to go.....at least it gets some idea of the figure. Although the injuried party can pick the most expensive if they want!
    i apologise
    i did not know
    had heard a few yrs ago, law changed, no harm


  • Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    Anan1 wrote: »
    Personally, i'd let the insurance company deal with it and then decide whether or not to reimburse them and keep my NCB. The ins co won't (and can't) make her sign any guarantee that this is the end of it - she may have injuries that only manifest months down the line. IMO, the best way to reduce the likelihood of a PI claim is to be decent and straight about having her car repaired to her satisfaction. That way if she's borderline she might feel bad and not go ahead with it.

    I would absolutely let the insurance company deal with it, but I thought that something was signed by the victim to say the claim was settled.


  • Closed Accounts Posts: 314 ✭✭CaraFawn


    Personally I see no problem with asking 3 quotes from different garages, we all know how those things work and how prices can easily be inflated, especially when you are blonde (ask me how I know :rolleyes:).

    1300 euro for a new bumper sounds quit excessive, even on an expensive car.

    Now can someone explain how come she is insured if by law (If I am not mistaken) she is not autorised to drive alone? I don't get that...


  • Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    It might not just be the bumper. Plastic bumper skins can pop out back into place after a crash, and hide a lot of damage.
    CaraFawn wrote:
    Now can someone explain how come she is insured if by law (If I am not mistaken) she is not autorised to drive alone? I don't get that...

    She just is, it seems. I think it would be horribly unfair if the situation was reversed and an innocent driver was hit by a learner driver whose insurance wouldn't be valid.


  • Registered Users Posts: 1,039 ✭✭✭jpfahy


    Anan1 wrote: »
    This is very poor advice. What would most likely happen is that she'd tell the OP to get lost, would let her insurance deal with the matter, and would have no further scruples about claiming for personal injuries.
    Very poor advice - not
    If the carrot of a wad of cash is dangled, some people will jump at it and sign the disclaimer, possibly regretting it later when they realise they could have taken a case for personal injury and got a lot more.
    Devious people will try the 'accept the cash then stick in the injury claim' trick because it means they can get their car fixed straight away and can then sit back for the long haul that is a personal injury claim.


  • Banned (with Prison Access) Posts: 5,737 ✭✭✭MidlandsM


    jpfahy wrote: »
    Very poor advice - not
    If the carrot of a wad of cash is dangled, some people will jump at it and sign the disclaimer, possibly regretting it later when they realise they could have taken a case for personal injury and got a lot more.
    Devious people will try the 'accept the cash then stick in the injury claim' trick because it means they can get their car fixed straight away and can then sit back for the long haul that is a personal injury claim.

    JP,

    Your advice is flawed.
    If the injured party signs a disclaimer - its totally worthless, they can legally lodge a claim anytime within 2 years. The disclaimer does NOT restrain them from doing so.


  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,796 Mod ✭✭✭✭L1011


    Vertakill wrote: »
    What I don't understand is how the OP's car can be undamaged, yet the 'victim' has 1300 euro worth of damage? What was she driving? A shopping trolley?

    1300 to one car, nothing to the other is entirely possible, albeit only in some circumstances. LWB Transit vs. my previous Panda:

    Transit needed a new front reg plate
    My Panda needed 1100 quid of work/hire car. Main dealer admittedly... Bumper was torn, slam panel behind damaged, etc.

    Other parties insurer in that case also just trusted the garage estimate and did a direct payment, spoke to them once and never saw or heard from them again...


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