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Car accident

  • 27-04-2011 9:57am
    #1
    Registered Users, Registered Users 2 Posts: 312 ✭✭


    I was in a car accident a few weeks back, the driver of the other car admitted liability at the scene and the insurance company has also agreed.

    I got an estimate for the damage to the car, it is significant enough, however the insurance company involved has responded and said they are only willing to pay half of what the estimate states.

    After contacting the garage involved they have stated that there is no way that they can repair the car for the amount the insurance company offered. Although the estimate may be slightly higher than what may be required to return the car to its former glory, I do know that the damage caused is signicantly higher than what the insurance company is offering, and I would say that the estimate from the garage is fairly spot on.

    Is the best way to proceed now to get a solicitor involved, they are also telling me that they will not pay my legal costs if I choose to engage one.


Comments

  • Moderators, Politics Moderators Posts: 41,239 Mod ✭✭✭✭Seth Brundle


    Get a few estimates and present them to your insurance company.


  • Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    get 3 estimates ... they are obliged to have the vehicle repaired to a satisfactory standard to your liking.

    if the insurance company are dragging their heels tell them you may be forced to get a solicitor involved if they persist in their attempts to delay the repairs.

    explain to them (nicely) that the faster the claim is processed the less it will cost them, I assume you have a rental car at the moment.

    paying the quote will mean the repairs can be done and will result in less rental fees and no legal fees, failure to pay the repairs will result in legal fees, rental fees and compensation for stress involved.

    if the insurance company insist on dragging their heels tell them and tell the other driver that the costs will spiral if the matter is not resolved fast because you will be forced to contact a solicitor - give them a week or a few days to get back to you - the other driver can instruct their insurance company to pay the full amount of the quotation....and hopefully avoid a legal action.

    when will insurance companies learn - stop dragging your heels - pay out on ligitimate claims and everyones happy !! ..... the insurance companies will get their money back through an increased premium for the driver liable and those who pay a premium and don't crash.

    EDIT: Also it might be worth contacting the ombudsman concerning the matter of the insurance company refusing to pay the quotation despite accepting liability and the driver admitting liability.


  • Moderators, Politics Moderators Posts: 41,239 Mod ✭✭✭✭Seth Brundle


    PCPhoto wrote: »
    get 3 estimates ... they are obliged to have the vehicle repaired to a satisfactory standard to your liking.
    No they aren't - they are obliged to ensure that the loss is compensated for (which may not be the same as "to your liking"). However, the cost of repair may be uneconomical, in which case they will write off the car and compensate the policyholder.


  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    kbannon wrote: »
    No they aren't - they are obliged to ensure that the loss is compensated for (which may not be the same as "to your liking").

    Which is generally the cost of repair using a reputable bodyshop (except where the PAV of the car is less as you say).

    Aviva are now a nightmare for this. The claims are being dealt with by a call centre in India and common sense has gone out the window completely: I'll give you an example of something I am dealing with at the moment:

    Client has a car that was crashed into. Aviva refuse to replace x part as their assessor says there is no need. However they will fix x part if my assessor states it needs to be replaced and will pay the cost of my assessors report... and my fees. Severe case of "the computer says no".


  • Moderators, Politics Moderators Posts: 41,239 Mod ✭✭✭✭Seth Brundle


    maidhc wrote: »
    Which is generally the cost of repair using a reputable bodyshop (except where the PAV of the car is less as you say).
    Generally - but not always. I was responding to a point that was made suggesting that they were obliged to repair it to your standards.
    maidhc wrote: »
    Client has a car that was crashed into. Aviva refuse to replace x part as their assessor says there is no need. However they will fix x part if my assessor states it needs to be replaced and will pay the cost of my assessors report... and my fees. Severe case of "the computer says no".
    Again, this is kind of what I was saying - they may only fix it to the point that they are happy with but the owner isn't necessarily.


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  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    kbannon wrote: »
    Again, this is kind of what I was saying - they may only fix it to the point that they are happy with but the owner isn't necessarily.

    And if the owner can get a motor assessor to agree with him, then you sue the insurance company! It is more a matter to be settled than for the insc co to dictate.


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