just need clarification

faolteam

i was involved in accident today a person came out of a road that they should not have come out of and hit me

they have admitted liabilty and i would just like to know what is the normal procedure

do i just ring her insurance ???

coylemj

If you got her insurance details (esp. the policy number), ring her insurance and kick off the claim but bear in mind that they will not pay out until she reports it to them and fills out the form they will send her.

Also don't be surprised if she changes her mind, decides that you were at fault and she has now developed whiplash so she lodges a clam against you, it happens.

faolteam

she told the garda she was admitting liabilty

coylemj

faolteam wrote: »

she told the garda she was admitting liabilty

She can claim that the shock of the accident impaired her judgement and being a timid individual it was in her nature to not get all aggressive and accuse a complete stranger of causing a traffic accident so she admitted liability without taking all of the facts into consideration.

But on mature reflection (and a chat with a good lawyer) she might have second thoughts......

And even if she doesn't change her mind, you still need her to fill in the insurance accident report before they will pay you a penny.

faolteam

until i received a phone call from her insurance company saying that she did indeed admit liability BUT she had no insurance to drive the car and she wass illegal and should not have been in the country.

and while this happened she was on her phone to some fella who appeared on the scene and he was saying to me i can fix this it is no problem.

But i was having none of it and said this was going through insurance,

i was originally going through their insurance but now i have to claim it off mine, whats the best procedure at this stage,

coylemj

Hold off claiming on your insurance for the moment. Do you know the story with the owner of the car? He/she is legally liable for the damage if the driver was not insured and you can report them to the Gardai for allowing an uninsured person to drive the car which is an offence under the Road Traffic Acts so both the criminal and civil law is on your side.

If the owner of the car is a person of property (i.e. they have tangible assets and are worth pursuing in a civil action), you could sue them for the damage to your car but usually the threat of reporting them to the Gardai for allowing an uninsured person to drive the car is enough to get them moving.

Do not allow them to send you to a specific body shop to get your car repaired, they will have instructed said establishment to do as cheap a job as possible. Get quotes from reputable shops and present the quotes to the owner of the car.

valleyoftheunos

If she was driving the car with the permission of the owner, the owner is vicariously liable for the damage, you can pursue them and their insurance.

faolteam

is that the Garda were involved from the beginning and they took details they did say ta the time that they do not get involved in these accidents,

I have since notified the Garda what her insurance company informed me. and i am waiting for the Garda to get back to me.

Unfortunately i have since gone to my own insurance body repairs who have a Good credential record .in fairness my insurance company did say would i mind using one of their Crash repairs but before i brought in the meantime my own mechanic said exactly what they said they would do,

Apparently my insurance company will claim back the money from some insurance bureau,

They have informed me that if the person who owns the car gave permission for the person to drive the car they will be able to get some of it from his insurance but not all of it.

faolteam

valleyoftheunos wrote: »

If she was driving the car with the permission of the owner, the owner is vicariously liable for the damage, you can pursue them and their insurance.

his insurance company will have said not to say that he gave them permission

does this mean that techinically i have made a claim and will be stook with this insurance company for a few years

coylemj

If she was driving with the owner's permission then he is guilty of allowing her to drive with no insurance.

If she did not have the owner's permission then she is guilty of taking the car without the permission of the owner.

Tell the Garda that you are getting screwed around and you want one of them prosecuted. Though I'd have to agree that you'll have an uphill battle to get the Garda interested in dong anything, he/she will probably just tell you to claim off your insurance.

Your problem is that because there was nobody injured the Gardai just don't want to know, traffic accidents as far as they are concerned are a pain in the proverbial.

faolteam

i doubt she will be showing her face for a while ,


He will just say he didnt give her prioity and doesnt know who she is.
it just pi??es me off that these scum bags can drive around with no insurance, the Garda Dont want to know, and its the Honest Joe Soap that gets screwed even with Insurance,

What the point in having insurance ...

Thanks colylejm

coylemj

Agree that you have every right to be pi**ed off but if I recall correctly you will only be claiming off the fully comp. (and not the 3rd party) part of your policy so the effect on your NCB won't be as bad as if you hit someone and they were claiming off you.

Not sure if that's any consolation, hope it is.

faolteam

thanks again mate

i wouldnt mind i had two winesses could of had more and one was a barrister at law

i googled him

does it mean that i must stay with this insurance company for a few years now cause of claim or until they get there money

coylemj

faolteam wrote: »

does it mean that i must stay with this insurance company for a few years now cause of claim or until they get there money

Short answer is I don't know. You'd have been better off by the way posting this thread over in the Motors forum, the legal folk here don't really care too much about traffic accidents, they're much the same as the Gardai.

valleyoftheunos

faolteam wrote: »

his insurance company will have said not to say that he gave them permission

I doubt very much that the insurance company would actually tell him to do such a thing, They are shysters but they don't like to actively engage in actual deceit.

coylemj wrote: »

If she was driving with the owner's permission then he is guilty of allowing her to drive with no insurance.

If she did not have the owner's permission then she is guilty of taking the car without the permission of the owner.

Tell the Garda that you are getting screwed around and you want one of them prosecuted. Though I'd have to agree that you'll have an uphill battle to get the Garda interested in dong anything, he/she will probably just tell you to claim off your insurance.

Your problem is that because there was nobody injured the Gardai just don't want to know, traffic accidents as far as they are concerned are a pain in the proverbial.

I'd agree that it is often very hard to get the Gardai to pursue a prosecution here but considering the regularity with which they follow up on drivers without insurance this might be an exception.

coylemj

valleyoftheunos wrote: »

I'd agree that it is often very hard to get the Gardai to pursue a prosecution here but considering the regularity with which they follow up on drivers without insurance this might be an exception.

The 'regularity' that you talk about doesn't apply to all members of the force, the Garda who was sent to the scene of the OP's accident might not be bothered to pursue it. I certainly know that when I see an elderly older Garda outside the British Embassy that if I was ever involved in a car accident and in the right, I wouldn't want to be relying on him to investigate it.

If that particular Garda who was sent to the OP's accident wants to clock up a few prosecutions for no licence and insurance all he has to do is pull over drivers with no current insurance or tax disc on the windscreen. He would be well aware from experience that if he prosecutes the owner of the car involved in the OP's accident, chances are that the owner will swear up that he did not permit the driver to take the car, end of prosecution.

valleyoftheunos

coylemj wrote: »

The 'regularity' that you talk about doesn't apply to all members of the force, the Garda who was sent to the scene of the OP's accident might not be bothered to pursue it. I certainly know that when I see an elderly older Garda outside the British Embassy that if I was ever involved in a car accident and in the right, I wouldn't want to be relying on him to investigate it.

If that particular Garda who was sent to the OP's accident wants to clock up a few prosecutions for no licence and insurance all he has to do is pull over drivers with no current insurance or tax disc on the windscreen. He would be well aware from experience that if he prosecutes the owner of the car involved in the OP's accident, chances are that the owner will swear up that he did not permit the driver to take the car, end of prosecution.

Plenty of idle speculation there.

The point is in this case the Garda doesn't have to bother looking, it's right in his lap. If indeed the owner does so swear, such a Garda is (as you yourself pointed out) looking at a prosecution for theft. I'm not suggesting any further action from the Gardai is even likely but I don't feel its as much of a lost cause as you seem to feel and I'd consider it worth pursuing. It seems the OP is due a remedy, one is available to him and he should seek it, at least at this point.

slimjimmc

Isn't it the case that the owner's policy must cover any claim regardless of whether or or not the uninsured driver took the car without permission.? I remember a thread on this topic a few years ago where the policy on a stolen car paid for injuries to someone run over by the car's thief. I may be wrong but the same principle would apply here I guess.

faolteam

is it not manadatory to have a driving licence on you when your driving

and if you have none on you, should the car not be impounded

like what i am saying why did the garda not do a check up on both cars that was involved staright away over the radio to see if they were both insured and the correct people were driving the car, and if not then surely the car should be impounded and the person or person aresseted ,

Would this not make sense if they were after a joyrider im sure they would check in advance with the station

seems to me that the new thing now when these people who are not insured and garda are called automatically admit responsibilty so the GARDA will Pi<< off and they can get out of there, seems like a scam to me, Do the Garda realise this. really hope there are some Garda reading this.

jblack

faolteam wrote: »

thanks again mate

i wouldnt mind i had two winesses could of had more and one was a barrister at law

i googled him

does it mean that i must stay with this insurance company for a few years now cause of claim or until they get there money

Yes. No other insurance co will touch you while this matter is outstanding. The MIBI move at the pace of a tortoise climbing a buttered waterslide....

Milk & Honey

slimjimmc wrote: »

Isn't it the case that the owner's policy must cover any claim regardless of whether or or not the uninsured driver took the car without permission.? I remember a thread on this topic a few years ago where the policy on a stolen car paid for injuries to someone run over by the car's thief. I may be wrong but the same principle would apply here I guess.

That is not correct. Look at Directive 84/5 EC The 2nd Insurance Directive at Article 2. The MIBI covers stolen cars. If the driver had the permission of the owner to drive the car the owners insurance would have to deal with it.