Some Insurance Questions After Accident

justindublin

Hey Lads,

Hoping someone might be able to help us with some questions I have about my insurance.
I was in a crash on Sunday afternoon, nothing too serious and thankfully nobodydrove hurt, and altho both cars drove away, neither looked pretty.

The crash was his responsibility but he's not accepting it. I had a passenger in my car as a witness (Does that count for anything?), and Garda reckon he was in the wrong even tho they wouldn't say anything officially. Naturally my insurance also think I'm in the right.

Now I was speaking to my insurance today and they gave me two options...

1) Contact the other sides insurance company myself to make a claim.

2) Get the car repaired through my own policy and they'll counter claim the other guys policy.

I'm not too keen on either.

Would it be better to just wait to see what the other side insurance says first?
I figure they'll be more likely to go ahead and accept liability if they can get cars repaired on thieir terms, rather than being slapped with a bill from my insurance company.

What you guys reckon?

Buffman

Option 1 for sure. Don't risk taking the hit on your policy. Sounds like you have fully comprehensive cover if option 2 is on the table, but treat it as if you only have 3rd party cover.

Contact the other company ASAP. The other party should have informed them already, but you need to get the ball rolling if they haven't.

MidlandsM

This is what I'd do -

1) Contact the other sides insurance company myself to make a claim, in a PRAGMATIC,FRIENDLY approach.

Tell them you're happy to have them deal with you dirtectly, ONLY if they move quickly on it. If not, tell them you'll be hitting them for car hire and all associuated costs as well as seeking LEGAL REPRESENTATION, you just want the matter resolved ASAP.
Re; the witness, you'll need to have ideally, an independent witness.

You can ask the guards for an Garda Abstract report, on the matter. Write to the supt. of the garda in question. This may bolster you case and good to have.

mgbgt1978

Do not let the other side's insurance company string you along. If you deal with them directly this is exactly what will happen.
Phone them, get a claim form, fill it in and send it back to them.
Then get a solicitor involved. It is not very expensive to get a solicitor to send a couple of letters and file a court claim.
This will (if you are not at fault) result in the quickest payout from the other driver's insurers.
Usually the solicitor will include extras which you are entitled to (such as depreciation of your car's value as a result of the repair) and this will easily cover the cost of engaging them.
This is probably your best option if your own car is driveable in the meantime.
As regards your passenger, if they are 18 or older and hold a driving licence then their opinion will be taken more seriously.
Often the insurance companies will contact the guards who attended the accident. Even though they didn't witness the accident they will have seen the position of the cars afterwards and spoken to the drivers involved.

Reloc8

The witness is useful.

1) Contact gardai ask for abstract, Get witness to write out a statement, get a couple of quotes from reputable outlets.

3) Telephone other party's insurance company and explain that you just want your car sorted but need it done quickly. Tell them that your insurance is happy to put it through for you but you'd prefer not to go down that road. Tell them if you go down that road you'll be claiming for every bit of the associated expense.


4) Its not really credible to say you'll get representation if you go down that road though as they will know that it will be your insurance company who comes after them, not you personally.

5) Get the name of the person you speak with send that person copies of the above documents and ask them to acknowledge receipt. Tell them you're not into ultimatums but you need a positive response within (insert your time frame here) or you have no option but to put it through your own insurance and make a claim.

6) Send a letter in more or less the same terms with your copy documents.

7) NB copy documents - big offices, stuff gets lost.

Good luck with it - glad no one was hurt.

justindublin

Cheers for all your help guys!

Heres my plan of action...

1)
Call my Insurance tomorrow tell them I'm only prepared to go through my policy as a last resort. Notify them to keep the claim open while I contact the other insurer.

2)
Contact the other insurer, inform them that I'm making a claim against one of their policy holders and that I require the relevant documents.
Them I'm only prepared to go through my Insurance as a last resort and that if I do I'll be claimed for everything, courtesy car, loss of earnings, etc which will be then chased by my own insurance company.
Give them a time frame of like a week.

3)
Contact the Guards and get a report about the scene, fill in the claim documents from the other guys insurer and send everything back in. Attach all the photos etc

Plan?
My car is driveable at the mo, altho I've no grill and no reg, Is that okay legally?

MidlandsM

justindublin wrote: »

Them I'm only prepared to go through my Insurance as a last resort and that if I do I'll be claimed for everything, courtesy car, loss of earnings, etc which will be then chased by my own insurance company.
Give them a time frame of like a week.

naaaa, tell them you'll engage a solictor to commence proceedings if they don't act within 5 working days. Don't refer to going thru' your own insurance at all.

Reloc8

Again though they'll know he won't/shouldn't do this as they'll know he has fully comp.

If he takes any steps like that his own insurance company can wave off his cover (subrogation) and they'll know that too.

OP - get a statement from your witness (just get him to write down what happened and sign it & date it - as well.

justindublin

Other Insurer has come back and denied libility.
Actually trying to plant it on me :eek:

Just about to call the Guards and try get a report drawn up.

Once I have that I'll submit my claim with the other guys insurer along with videos, photos, and witness statment.

Seth Brundle

justindublin wrote: »

1)
Call my Insurance tomorrow tell them I'm only prepared to go through my policy as a last resort. Notify them to keep the claim open while I contact the other insurer.
...
My car is driveable at the mo, altho I've no grill and no reg, Is that okay legally?

Don't start a claim on your insurance - just keep them informed 9they can odcument details without starting a claim.
Also your car would need a reg plate but I wouldn't worry about rushing to get one.

justindublin wrote: »

Other Insurer has come back and denied libility.
Actually trying to plant it on me

Just about to call the Guards and try get a report drawn up.

Once I have that I'll submit my claim with the other guys insurer along with videos, photos, and witness statment.

I wouldn't worry what they say to be honest as its in their interest to deny liability (as their client is telling them to).
You have your the witness, etc.

illegalpower

Had a similar expiernce last year with the other parties insurance trying to string things along. Dont back down with them if they try to put you off as this is a tactic they use. Be hard nosed even if you're not usually like this and push for the insurance claim. My claim was over 1000 euro more because of car rental for 2 months because they kept dragging their feet but they had to pay for it in the end. Get all your information and statments in order and dont let the other party away with saying it's your fault

PCPhoto

OP ...get in touch with a solicitor

tell the insurance company to deal with your solicitor and inform them they will be paying your solicitors fees...see how fast they deal with the matter then.

I work in the courts and see many of these cases come in - most of them settle before they get to court but for those that actually go before a judge its important that you have documentation for EVERYTHING.

keep receipts and a diary of events, if someone phones you record the date/time and general jist of the conversation....a handy tip is to never accept a phone call - tell the person you are busy at the moment and ask them to email/write to you and you will get back to them ASAP - its amazing how many people cant remember an important phonecall after a few weeks/months/years when they are before a judge....while if you sent an email or received one you can have a hard copy to present to the court.

Our man in Havana

Whatever you do, do not let your insurance pay out and then claim off of them. Your insurance company may simply not bother recovering the costs and you will be stuck with a claim on your record.

Nissan doctor

justindublin wrote: »

My car is driveable at the mo, altho I've no grill and no reg, Is that okay legally?

How did your car end up with front end damage? Did the other party pull out in front of you or something?