Car Crash

Carrolli

Hi, Hope this is correct area for thread.

I was in a minor car accident 3 weeks back. We both stoped and the other person claimed responsibilty. We did not ex-change insurance details(bad move, i know). I took his name number and car reg. Rang him a week later with a quote. He rang me the following week asking if he could pay half now and half next week. I allowed him to pay it all next rather than meeting him twice. He seemed genuine at this stage considering he was contacting me. The next week came and no contact was made from him. Have been trying his phonenumber for 1 week now and is constantly turned off.

Is there anything i can do. All i have is his name, phone number and Car reg(which i actually a small truck, and i think a work vehicle).

YbFocus

Hey there,
Were you at your place of work when it happened?
Was anyone with you?
You need witnesses at this stage but the gardaí should have been called no matter how small the tip was.
Was there traffic cameras? I doubt they'd have that long of playback though!

Sorry there all just ideas cos there's no other way of proving it really!

Vicxas

Go to the guards with the reg, they can probably track the owner of it from there.

MugMugs

Carrolli wrote: »

Hi, Hope this is correct area for thread.

I was in a minor car accident 3 weeks back. We both stoped and the other person claimed responsibilty. We did not ex-change insurance details(bad move, i know). I took his name number and car reg. Rang him a week later with a quote. He rang me the following week asking if he could pay half now and half next week. I allowed him to pay it all next rather than meeting him twice. He seemed genuine at this stage considering he was contacting me. The next week came and no contact was made from him. Have been trying his phonenumber for 1 week now and is constantly turned off.

Is there anything i can do. All i have is his name, phone number and Car reg(which i actually a small truck, and i think a work vehicle).

Hi OP

Call your insurer straight away and notify them to this inicident. You are obliged to do this irrespective of Liability upon loss occuring.

Next step is to report this matter to The Gardai. Go to the station and advise them of the matter. Explain the situation to them. They wont give you the information of the other party however they could potentially pay the other person a visit and request that they hand over their insurance details etc.

If this doesnt work then you will need to make use of your insurer. There are limited reasons under which an Insurance Company can request owners details from the Central Database under the Road Traffic Act and this is one of them. Obtaining these details however can be time consuming.

Next time, take all the details you can get

Carrolli

Ok thanks, think the garda is the way to go to, just hoping that they dont turn around and tell there is nothing they can do cause i didnt report it.

It's a pity people can be such asses. He might as well be robing the money out of my pockets.

Plankton1

This isn't the same I know, but maybe people who responded here could advise me.
but I was in a minor crash back in Feb. It was at a junction which has 7 roads converging into the one junction - I was turning right when a car coming around a bend (but in this junction, that's technically straight) crashed into me.
My car cost almost 6000euro to repair. I was found to be responsible on the technicality (it's a very long story!!)
Anyway, I paid the 300euro excess and my insurance paid the garage 5600euro. However I just got a letter saying my claim had been settled for 13,900 euro!!

I was in shock. The other party drove away from the accident, while I had to be towed, and my assessor told me that she had minor damage to her car. I wrote to my insurance asking what this almost 7000 euro extra was for...and was told that under data protection, they can't tell me what she claimed for.

I find this very frustrating. As I did not want to get solicitors involved, I accepted responsibility for the crash even though I felt she was also partly at fault. I wanted to keep costs down, I didn't go to the doctor after the crash I just took painkillers for my back and rested. Now I'm told that she has claimed for this massive amount and I can't even find out what for, and it's me who will ultimately be paying for this when my insurances costs hike up.

JimmyCrackCorn

Carrolli wrote: »

Hi, Hope this is correct area for thread.

I was in a minor car accident 3 weeks back. We both stoped and the other person claimed responsibilty. We did not ex-change insurance details(bad move, i know). I took his name number and car reg. Rang him a week later with a quote. He rang me the following week asking if he could pay half now and half next week. I allowed him to pay it all next rather than meeting him twice. He seemed genuine at this stage considering he was contacting me. The next week came and no contact was made from him. Have been trying his phonenumber for 1 week now and is constantly turned off.

Is there anything i can do. All i have is his name, phone number and Car reg(which i actually a small truck, and i think a work vehicle).

Report it to your insurance company. They will deal with it.

TouchingVirus

Plankton1 wrote: »

This isn't the same I know, but maybe people who responded here could advise me.
but I was in a minor crash back in Feb. It was at a junction which has 7 roads converging into the one junction - I was turning right when a car coming around a bend (but in this junction, that's technically straight) crashed into me.
My car cost almost 6000euro to repair. I was found to be responsible on the technicality (it's a very long story!!)
Anyway, I paid the 300euro excess and my insurance paid the garage 5600euro. However I just got a letter saying my claim had been settled for 13,900 euro!!

I was in shock. The other party drove away from the accident, while I had to be towed, and my assessor told me that she had minor damage to her car. I wrote to my insurance asking what this almost 7000 euro extra was for...and was told that under data protection, they can't tell me what she claimed for.

I find this very frustrating. As I did not want to get solicitors involved, I accepted responsibility for the crash even though I felt she was also partly at fault. I wanted to keep costs down, I didn't go to the doctor after the crash I just took painkillers for my back and rested. Now I'm told that she has claimed for this massive amount and I can't even find out what for, and it's me who will ultimately be paying for this when my insurances costs hike up.

Firstly, you should never accept liability for anything in a car accident. Accepting liability, even for fender benders can open you up for a world of hurt if the other party starts spoofing medical bills or whatever and you can't pay for both those and the damage to their vehicle. You eventually have to tell them to go to your insurance who don't have a leg to stand on since you admitted liability already and part-paid for the damage. So to sum up, don't do it

Next thing - it won't be you who ultimately pays for you accident, it will be everybody insured with your insurance company. There is very little chance that the loading over the next 5 years on your policy will total an extra €13,900 compared to what you would have paid if you didn't have an accident. Insurance is a shared risk, so everybody will go up a small bit, but you'll go up a bit more because having had an accident you're a higher risk to insure.

You don't have a right to know what another party is claiming for, it is between the other party and your insurance company. It might well fall under the data protection act too. You seem to think the 3rd party has milked your insurance company but it's time to get over it, it really isn't your problem unless you know what injuries they had, what they are claiming for and can point out any discrepancies.

For example, a few years ago I was involved in an accident with a cyclist on a roundabout. I thought the cyclist was fully in the wrong (wrong lane, moved across my car) but the rules were there - he was a cyclist first and foremost and then he was on the roundabout before me. I found out he settled his claim against my policy for €43,000. A crash at 15-20mph max and that's what it cost. I was told he had a fractured knee and was out of work for 6 weeks and he needed a bit of dental work. He was a very lucky bloke because he hadn't a helmet on either. My insurance company didn't want to listen to me when I told them he walked, with assistance to the ambulance. I've broken my legs before, I couldn't hobble anywhere, let alone walk. The point being, at the end of the day it's up to your insurance company to verify medical reports as accurate to cut out fraud and it's not your job to police what a person is claiming for, it's something you just have to get over and chalk up to experience

BTW, my premium went up by €400 the following year. But I left that company and got a quote with another for €200 less than what I paid the previous year

Capt'n Midnight

TouchingVirus wrote: »

Firstly, you should never accept liability for anything in a car accident.

Actually if you check your policy you will see that NOT accepting liability is a condition of being insured.

Could an insurance company refuse to pay out some or all of the claim on the basis you accepted liability ?

TouchingVirus

Capt'n Midnight wrote: »

Actually if you check your policy you will see that NOT accepting liability is a condition of being insured.

Could an insurance company refuse to pay out some or all of the claim on the basis you accepted liability ?

I had a feeling it was included in policies but I couldn't confirm - I know it's printed on the disc holder I got from them though :P

I don't know about failing to pay out if you accept liability, sort of like them refusing to pay out if you're on a provisional and have no fully licensed driver with you..

Plankton1

Sorry guys I probably phrased that wrong in my original post.
I was found liable because technically the other party was going straight and I was turning right, therefore she had right of way. When I argued that the circumstances weren't that straightforward, I was told by the insurance that I could get a solicitor and bring it to court to argue my case, or just accept liability and get the claim settled.

It just so happened that there was a garda car nearby who witnessed it and came over immediately. The Garda said to me "don't worry, we saw exactly what happened" so I was under the impression that he thought she was also at fault. However when my insurance contacted the same Garda, he told them he didn't see it properly :rolleyes:

Add this to the other party saying that I had gone through a red light, which was completely untrue, and was proven to be untrue. It was my first experience of an accident and I just found the whole thing very frustrating which I guess is the same for everybody who has ever had to claim!

TouchingVirus

I've been on both ends, it's frustrating no matter which one you are. Less frustrating when there are no injuries, but even so it isn't a nice experience.

If either of you broke the law there'd be a criminal case to answer (i.e. careless or dangerous driving).

It's strange that your insurance company didn't send an investigator to the scene of the accident, that is what they would do if there was any doubt as to your liability. Well, that and trying to obtain a Garda report if one exists. It's even more strange they told you that you could get a solicitor and argue liability - that's their job. Once you report an accident to them and involve the insurance company decisions are completely out of your hands

Plankton1

There was no Garda report because there were no injuries apparently? And yes I thought it was strange that I was told I'd have to get a solicitor to argue liability too! Ah sure hopefully I'll never have to go through that kind of experience again:)

MugMugs

TouchingVirus wrote: »

If either of you broke the law there'd be a criminal case to answer (i.e. careless or dangerous driving).

There is no way of proving this if there are no witnesses.

TouchingVirus wrote: »

It's strange that your insurance company didn't send an investigator to the scene of the accident, that is what they would do if there was any doubt as to your liability.

This is becoming very common actually. Spoke to a claims handler of a big insurer recently and they are mainly using Google Street View to establish liability from their desk. Only when there is a large Liability claim such as a fatality or something would they instruct a Loss Adjuster to act on their behalf and investigate the matter.

TouchingVirus wrote: »

It's even more strange they told you that you could get a solicitor and argue liability - that's their job. Once you report an accident to them and involve the insurance company decisions are completely out of your hands

It's pretty common too. If the Insurer see's liability as clear cut then they would not contest the matter any further.

It's the Insured's problem (and expense) if they want to dispute it any further.

Our man in Havana

Capt'n Midnight wrote: »

Actually if you check your policy you will see that NOT accepting liability is a condition of being insured.

Could an insurance company refuse to pay out some or all of the claim on the basis you accepted liability ?

Absolutely not. They must pay all valid 3rd claims.

Capt'n Midnight

Our man in Havana wrote: »

Absolutely not. They must pay all valid 3rd claims.

I understand it's partialy to prevent arranged accidents but you aren't a third party

I was more wondering about cases where you say it's your fault, your insurance company says it's not and the other party tries to sue you anyway

TouchingVirus

MugMugs wrote: »

There is no way of proving this if there are no witnesses.

There was no witness to the accident where I was injured, it was my word vs his. The Gardai took him to court for dangerous driving, concluding that it was my version of events that was the more likely. Insurance decided liability was his. It does happen.

This is becoming very common actually. Spoke to a claims handler of a big insurer recently and they are mainly using Google Street View to establish liability from their desk. Only when there is a large Liability claim such as a fatality or something would they instruct a Loss Adjuster to act on their behalf and investigate the matter.

Sets a fairly dangerous precedent IMO, the views from my street are at least 2 years old now. Things could have changed drastically since then. Adjusters are paid for finding the facts and investigating accidents, not to sit down and review 2 year old pictures of the scene on Google.

It's pretty common too. If the Insurer see's liability as clear cut then they would not contest the matter any further.

It's the Insured's problem (and expense) if they want to dispute it any further.[/QUOTE]

And this I just don't get. It is in the Insurer's own interest to determine liability correctly. Surely the insured party should have no say, even with a solicitor at their corner?

Our man in Havana

Capt'n Midnight wrote: »

I understand it's partially to prevent arranged accidents but you aren't a third party

You are the 2nd party, the insurance company being the first party. They could try and welch on a fully comp claim but they can never for 3rd party damage. I have never insured anything in my life for more than third party so I wouldn't know how they would treat it.

Capt'n Midnight wrote: »

I was more wondering about cases where you say it's your fault, your insurance company says it's not and the other party tries to sue you anyway

The insurance company would have to either pay up or defend the action.

Lord Nikon

I had an accident middle of last month on the M50, with an arctic truck. It happened where the M1 meets the M50. There already was an accident further up, so traffic was moving very slowly.

Now the M1 verges onto the M50, into one lane, and me and this truck are side by side. I was just ahead of him, stopped, about a car length ahead, and he starts moving and tears along the side of my car. Not much damage, but damage nonetheless. (Pics will be attached)

I got the drivers details, but he had no insurance details, but i got registration, driver name, company name, phone number, passport number. The company are based in Northern Ireland.

I rang the company owner after I got off the M50, and he said forward on the pictures I took, and he will see if he will pay me directly, or let insurance cover it, and in the meantime, I get a crash repair quote.

I got the quote of the damage, and posted into to the guys address. After about a week, I rang him, and he said he got the quote but was going to talk to the driver about what actually happened and to call back at the end of the week. End of the week came(Friday), I rang him, he said he hadnt yet talked to the driver as he was in France, and he would call me tomorrow(Saturday). Tomorrow never came.

Tuesday came, and i rang him and he wasnt there. I told the person who answered that if I don't receive a call or some sort of payment I would be contacting my insurance and his insurance.

A week lapsed and i hear nothing, so I notify my insurance, give them the details i have, and they give me his policy number with Aviva, and they supply me with contact details to ring Aviva.

I rang Aviva and let them know all the details, blah blah blah, this was over a week ago. Today I rang Aviva, and they tell me they have no update on the case, as the driver/owner hasn't admitted liability. I asked how long am I supposed to wait and they couldnt give me a time or date or anything.

Please, someone, anyone, tell me what I should do next, because this is dragging on and on, and I want my car fixed, and I want closure.

Our man in Havana

Solicitor, contact one. Stop fannying about with insurance companies.

MugMugs

TouchingVirus wrote: »

And this I just don't get. It is in the Insurer's own interest to determine liability correctly. Surely the insured party should have no say, even with a solicitor at their corner?

An Insurer will have written into the policy something along the lines of "we can take ownership of the claim, accept and or dispute liabity..... seek recovery in your name.... blah blah"

Now why in gods name would the Policyholder not have a right to defend themselves? They have a duty not to prejudice the position of the Insurer however they can still defend themselves. Its pretty tricky but quite possible and not uncommon.

digger11

MugMugs wrote: »

Hi OP

Call your insurer straight away and notify them to this inicident. You are obliged to do this irrespective of Liability upon loss occuring.

Next step is to report this matter to The Gardai. Go to the station and advise them of the matter. Explain the situation to them. They wont give you the information of the other party however they could potentially pay the other person a visit and request that they hand over their insurance details etc.

If this doesnt work then you will need to make use of your insurer. There are limited reasons under which an Insurance Company can request owners details from the Central Database under the Road Traffic Act and this is one of them. Obtaining these details however can be time consuming.

Next time, take all the details you can get

go to the guards and explain what happened your word against his now

Our man in Havana

Bit late now newcomer.

end a eknny

Plankton1 wrote: »

Sorry guys I probably phrased that wrong in my original post.
I was found liable because technically the other party was going straight and I was turning right, therefore she had right of way. When I argued that the circumstances weren't that straightforward, I was told by the insurance that I could get a solicitor and bring it to court to argue my case, or just accept liability and get the claim settled.

It just so happened that there was a garda car nearby who witnessed it and came over immediately. The Garda said to me "don't worry, we saw exactly what happened" so I was under the impression that he thought she was also at fault. However when my insurance contacted the same Garda, he told them he didn't see it properly :rolleyes:

Add this to the other party saying that I had gone through a red light, which was completely untrue, and was proven to be untrue. It was my first experience of an accident and I just found the whole thing very frustrating which I guess is the same for everybody who has ever had to claim!

as usual gardai are as much use as a wet paper bag. mt brother had a car accident a few years back gardai came out my brother made them take measurings (which they did) as he said he would be going to court. amazingly when it came tothe time for the court and my brother asked the gardai about sketchs and measurements.his direct quote was sure you know i didnt take any measurements. when my brother asked him about going to court he said he was going home for the week