Insurance Issue

provence3

Hi everybody. I need some advise/opinions on this!
Almost a year ago, I was involved in a car accident. My first ever...
Fairly wide roundabout, my car on right lane, aiming to turn right, the other car on left lane. Both cars took off simultaneously. Just after passing the 1st exit, the other driver started driving more and more towards the right lane. I saw, I stopped, I waited. But she continued driving until she hit me. I called the Garda, they came,saw the position of my car, but said they could not say who's liable. The other driver placed a claim against my policy claiming I was fully liable. The dispute is still ongoing. My insurance company gave me the complete run around the whole year, telling me they were investigating, they were waiting for the garda report, they were waiting for the other insurance company to respond to their 50-50 setttlement offer and so on. Complete and utter nightmare!
Firstly, my policy is due for renewal in a couple of weeks. I have 8 years NCB fully protected & it's comprehensive. I'm told by my insurer that since the liability dispute is still open, my premium will increase even if I don't claim through my own policy but that I might be refunded later. I find this very strange! What about the NCB Protection? I'm also told by my broker that no other insurer will quote me while the dispute is ongoing. And also that it could go on for years to come.:mad:
Secondly, they've told me that if I do want to claim against my own policy, I need to pay the mechanic myself and then send them the invoice for a possible approval!!!
(My car was already assessed by their specialist last year and I'd sent them estimates from 2 garages -one of which was recommended by their man)

So, to sum it up, I'm the one who got hit, I'm the one making hundreds of phone calls, wasting time and energy, I'm the one whose premuim will go up, and I'm the one who has to pay for the repair?? I can't afford to pay the mechanic myself. What's the point of paying for insurance then?
I'm really stuck. Can anyone advise please?

MidlandsM

Get a solictor, claim againt the other party..........toughen up!
If you've never gone to a solictor, the other party think you're a push over.....
And tell your insurqance co to fcuk off, and they cant up your premium, you have NCB protection cover......and threaten to go to the regulator about their behavour.

In short, don't relay on your own insurer to sort this, you need to take control. AND YOU TELL YOUR INSURER HOW THIS WILL ROLL. YOU CAN INSIST ON WHAT NEED TO HAPPEN,Get a real good lawyer.

provence3

Thanks MidlandsM! It looks that this is exaclty what I'd have to do. I've been avoiding the solicitor route for fear it may prolong or complicate the case even more. But now, they've left me no choice. And the "you pay first" thing really was the last straw!!! Am wondering though, will it not be too late to place claim against the other party?

MidlandsM

provence3 wrote: »

Thanks MidlandsM! It looks that this is exaclty what I'd have to do. I've been avoiding the solicitor route for fear it may prolong or complicate the case even more. But now, they've left me no choice. And the "you pay first" thing really was the last straw!!! Am wondering though, will it not be too late to place claim against the other party?

you got 2 years.:) Good luck.

biko

No you have a few months to decide to claim after the collision, 6 maybe?

edit, ah 2 years even acc to above poster.

provence3

Thanks a million!:)

sirpix

I dont know if your claim has been settled, but the advice to get a solicitor is good advice. It has been well reported in the media at how slow insurers are at settling claims.Your no claims bonus may well be protected but that does not mean your premium will not increase.All claims regardless of who is to blame affect the premium values. Even if you dont make a claim but inform the insurer of the loss,they will still log this as a claim, as it increases their risk. I know ,it does not make sense. Financial regulator informed me of this.

provence3

Thanks Sirpix! You're right. Got the renewal offer today. Went up by over a hundred quid. Not too bad, I guess, but enough, considerring I haven't claimed anything myself yet. Sought legal advice as well. Hoping to get it settled before the renewal date. Looks like whichever way I go about it, I'll lose out, moneywise anyway.:mad: Has anyone come accross this practice where the insurer refuses to pay before the car is already fixed and paid for? Feels quite dodgy to me. Does it mean that if you can't afford to fix it yourself you don't get covered??

sirpix

provence3 wrote: »

Thanks Sirpix! You're right. Got the renewal offer today. Went up by over a hundred quid. Not too bad, I guess, but enough, considerring I haven't claimed anything myself yet. Sought legal advice as well. Hoping to get it settled before the renewal date. Looks like whichever way I go about it, I'll lose out, moneywise anyway.:mad: Has anyone come accross this practice where the insurer refuses to pay before the car is already fixed and paid for? Feels quite dodgy to me. Does it mean that if you can't afford to fix it yourself you don't get covered??

[SIZE=2There is nothing in your insurance contract that says you are bound to fix your vehicle. If you have a vehicle that is no longer in production, where are you to source parts? Insurers cannot insist that you pay up front otherwise it renders the intention of the insurance contract useless and not fit for purpose. Insurers settle millions of claims where people do not have to pay upfront, why would they discriminate against you? If you have a loss and you have adequate insurance, your insurer is obliged to compensate you for your loss on receiving notification and a quotation/s to the value of the loss.[/SIZE]
When you receive compensation for your loss, you are still not obliged to repair your vehicle nor have you profited from your insurance. You have been indemnified but still have an un-repaired vehicle, which you may want to trade as is. Any purchaser would naturally devalue the purchase by the repair value to put it back in a roadworthy condition. Making a claim by submitting a quotation is perfectly legal and puts you in a position of being able to pay for the repairs if you choose to do so. Ask your insurer why they did not inform you of this?

needadvi

Hi everybody. Just after passing the 1st exit, the other driver started driving more and more towards the right lane. I saw, I stopped, I waited. But she continued driving until she hit me.

Since you seen her/him coming towards you and the crash still occurred then it seems like it might be your fault in this case! How can you see the car approach and do nothing but allow her/him to hit you. You should have tried everything in your power to avoid the collision :cool:

provence3

needadvi wrote: »

Since you seen her/him coming towards you and the crash still occurred then it seems like it might be your fault in this case! How can you see the car approach and do nothing but allow her/him to hit you. You should have tried everything in your power to avoid the collision :cool:

Hi Needadvi. The roundabout was packed as it was rush hour. When I noticed she was drifting towards the me, I was already caught between her incoming car and the centre of the roundabout - sort of an abrupt hilly kerb made of concrete blocks. My only option would have been to move right, which I did as close to the kerb as possible. To continue driving wasn't feasible because the damage would have been even more considerable. What would you:cool: have done?

Greyfoot

provence3 wrote: »

Hi Needadvi. The roundabout was packed as it was rush hour. When I noticed she was drifting towards the me, I was already caught between her incoming car and the centre of the roundabout - sort of an abrupt hilly kerb made of concrete blocks. My only option would have been to move right, which I did as close to the kerb as possible. To continue driving wasn't feasible because the damage would have been even more considerable. What would you:cool: have done?

Every situation is different but my dad (god bless him ) taught me to sort every possible situation out with the accelerator pedal-including braking. :rolleyes:

If you would have accelerated-even if you couldn`t pass her-she might have noticed you coming as I am pretty sure you were in the blind spots of the mirrors.

Of course a full hard brake is also an option but as I said every situation is different and you mentioned that the roundabout was packed so...

provence3

I was neither in her blind spot nor behind her so no need for checking side mirrors. I was alongside her and very visible. If there was a 'blind spot' that was in her brain...:rolleyes:

Fishtits

OP, get a decent solicitor on this case ASAP.

This 50/50 blame racket is a known insurance industry scam and its fast becoming the norm.

They get to screw both of you, ie loss of both no claims etc instead of one only.

Fight it. The insurance industry needs a major kicking IMHO. (used to share a house with two loss adjusters, the stories were eye opening...)