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Insurance claim from 2 years ago

  • 08-11-2011 7:40am
    #1
    stoneyp
    Closed Accounts Posts: 1 ✭


    Hi,
    Just a quick question re my friend who was caught for suspected drink driving case back in november of 2009 in which the car she was driving was a write off. At the time she rang up the insurance company told them details of the accident and they said they were not paying out as it is a drink driving case. Recently she has learned that this case has been thrown out of court/ case took place in court without her presence and was dismissed. I believe it was due to an expiration on issuing of the summons by gardai. As she has not been convicted for drink driving is it possible to go to insurance company re pay out on the agreed figure back when the incident was first reported seen that the payment was pending the outcome of the court case. Can anyone help?


Comments

  • #2
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    I would imagine if she told them she was drink driving, she can't really go back on it now.


  • #3
    peteb2
    Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭peteb2


    So she got off the charge on the basis of a technicality? But how would this alter anything in relation to her insurance? The fact of the matter was that she was still over the limit and all policies will exclude that. They don't pay out for things that go against public policy.

    They don't require a criminal conviction to be successful, they just state something like "the company shall not be liable to pay for damage to the vehicle described in the schedule where any driver has a breath, blood or urine alcohol or drug level above the legal limit shown in the Road Traffic Act".

    So is there any hope it being paid? Not a bloody chance!!


  • #4
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    I think the point to be considered is that the driver was not proven/convicted of drink driving. I agree with what you say Peteb2, but could the insurer stand by an argument that the driver was above the legal levels? I think the OP should just count their good fortune and forget about the claim, but you never know.


  • #5
    Otis Driftwood
    Closed Accounts Posts: 9,925 ✭✭✭Otis Driftwood


    Even with the conviction not going ahead there is a time limit on proceeding with claims and Id reckon your friend is well past it.

    They should count themselves extremely lucky.They wrote off their car while drunk and got away with it,they also didnt kill anyone or themselves and now they want to claim for they car because of some perceived loophole.

    People like that make me sick but with the way this country has gone over the last few years Im not at all surprised.


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