Crashed this morning :( any idea how long it takes insurance to sort it out?

Zulu

So I was driving down the bus lane (before it was closed) and some dude swings out from the usual lane without looking. I couldn't stop so we clipped.

Thankfully no ones hurt.
Front bumper is badly scratched. Front right panel (wheel arch) badly dinted - it rubs off the wheel when you go over a bump. I hit off the curb on the other side, so I hope there's no damage to the axel.

Your man admitted liability, what with it being his fault.

I've been on to his insurance. Any idea how long these things take to turn around?

deckie27

If he's insured with Quinn you could be sorted in a few weeks.

Zulu

He's with Aviva.

jinkybhoy

His insurer will organise an assessor - chances of him been out today slim - normally 2 days.

I'd get a quote from a garage so as you can show this to him when gets there

If assessor doesn't phone by monday morning - get back onto insurer and hassle them.

Once the assessor has seen the car -he should be able to tell you if you can go ahead and get car repaired - depends on amount.

Assessor won't be in a position to tell you if insurance company will accept liability - doesnt matter what the guy that hit you says - its the insurer that will make that decision. Though from what you've posted - looks fairly straightforward.

Just keep at the insurer and make a nuisance of yourself - Also make sure that they provide you with a courtesy car while yours is been fixed.

jinkybhoy

just seen the aviva reply. Aviva's call centre for claims is in India - its fairly efficient but I deal with them all the time and it's a pain in the arse explaining stuff to them and they follow everything by the book - no leeway at all.

ScouseMouse

I hope you got the admission of liability in writing.

I have experience of that changing. Even the time could change which would muddy the water about the bus lane open or closed.

Hopefully you will be ok.

jinkybhoy

I think the bus lane been open or closed probably wouldn't be an issue.

The third party pulled out onto main road so is really at fault.

Same idea as if I hit a parked car that was parked on double yellow lines - still my fault even though car shouldn't have been there!!

That's how insurers look at these things - if they can get away with paying as little as possible and no injury claims - they're happy.

ScouseMouse

jinkybhoy wrote: »

I think the bus lane been open or closed probably wouldn't be an issue.

The third party pulled out onto main road so is really at fault.

Same idea as if I hit a parked car that was parked on double yellow lines - still my fault even though car shouldn't have been there!!

That's how insurers look at these things - if they can get away with paying as little as possible and no injury claims - they're happy.

The OP says "some dude pulled out from the usual lane". To me that means he moved left from the normal lane into the bus lane, assuming it was empty.

The danger would be if the time was changed, and the bus lane was operational, he could claim 50:50 as the OP was illegally driving in the bus lane.

I had this out with a guard when I crashed down at Hermitage clinic roundabout by Liffey Valley, a few years ago. I had to walk him to the sign showing the bus lane was closed.

I won after a serious arguement.

jinkybhoy

superscouse wrote: »

The OP says "some dude pulled out from the usual lane". To me that means he moved left from the normal lane into the bus lane, assuming it was empty.

The danger would be if the time was changed, and the bus lane was operational, he could claim 50:50 as the OP was illegally driving in the bus lane.

I had this out with a guard when I crashed down at Hermitage clinic roundabout by Liffey Valley, a few years ago. I had to walk him to the sign showing the bus lane was closed.

I won after a serious arguement.

I agree with everything you are saying - I'm just saying the Insurer will take a different view and that's really all that counts, as the gardai won't be involved in this claim in my opinion.

ScouseMouse

Yeah, I think so.

In my case the guard eventually told us to sort it out between us. He only filled out a report months later when I put a claim in.

I told them I didnt want the hassle and if they just fixed up my car, I wouldnt worry about my injuries.

Eagle star acted the bollix, and ended up paying through the nose.

jinkybhoy

OP - didn't really answer your question:)

About 2 weeks for a straightforward claim and depending on how quick you can get an appointment with a garage.

This is best case on a straightforward claim in my opinion.

jinkybhoy

superscouse wrote: »

Yeah, I think so.

In my case the guard eventually told us to sort it out between us. He only filled out a report months later when I put a claim in.

I told them I didnt want the hassle and if they just fixed up my car, I wouldnt worry about my injuries.

Eagle star acted the bollix, and ended up paying through the nose.

I hear you - gardai when it comes to accidents don't want to know if there's no injuries and heaven forbid you try and get details off them later on down the line.

In my own personal experience, it took 1 year and 42 days to get a garada to supply my insurer with the tp details of a serious accident my wife was in.

Eagle Star do act the bollix on claims also - again with the above claim - it went to high court and they settled after 2days - cost them about 50 -60 thousand more than it needed to after barrister fees etc - stupid.

TestTransmission

jinkybhoy wrote: »

just seen the aviva reply. Aviva's call centre for claims is in India - its fairly efficient but I deal with them all the time and it's a pain in the arse explaining stuff to them and they follow everything by the book - no leeway at all.

OT but, I rang them a week or two ago about a few things and it was the most painful experience of my life.Do Aviva actually have any offices you can drop into?

jinkybhoy

TestTransmission wrote: »

OT but, I rang them a week or two ago about a few things and it was the most painful experience of my life.Do Aviva actually have any offices you can drop into?

Aviva still have headquarters in hatch st, dublin but i'd say if you go into the branches they'll just give you the claim number.

The original claim notification is done in india but not sure if it is completely handled over there or it gets sent to ireland office.

They have offices in Dublin - hatch st, Galway - distributor rd, cork - airport rd( I think).

The direct offices will be useless in assisting you in a claim - all they want to do is sell and get their commissions.

Zulu

jinkybhoy wrote: »

just seen the aviva reply. Aviva's call centre for claims is in India - its fairly efficient but I deal with them all the time and it's a pain in the arse explaining stuff to them and they follow everything by the book - no leeway at all.

I got through to Cork this morning. So, I don't know. Hopefully I aviod india.

superscouse wrote: »

I hope you got the admission of liability in writing.

No I didn't, but the Guard did when we went to the station. It's in his little book, so thats as good.

I have experience of that changing. Even the time could change which would muddy the water about the bus lane open or closed.

Bus lane was closed[edit]open[/edit], but that wouldn't make a difference really. You can't just turn into traffic surely.

jinkybhoy wrote: »

The third party pulled out onto main road so is really at fault.

No we were both on the main road - he pulled into the bus lane to undertake.

superscouse wrote: »

The OP says "some dude pulled out from the usual lane". To me that means he moved left from the normal lane into the bus lane, assuming it was empty.

Exactly.

The danger would be if the time was changed, and the bus lane was operational, he could claim 50:50 as the OP was illegally driving in the bus lane.

Nahhh, could he?

jinkybhoy

No we were both on the main road - he pulled into the bus lane to undertake.

Sorry misread that part - where is the damage on his vehicle?

MugMugs

superscouse wrote: »

The OP says "some dude pulled out from the usual lane". To me that means he moved left from the normal lane into the bus lane, assuming it was empty.

The danger would be if the time was changed, and the bus lane was operational, he could claim 50:50 as the OP was illegally driving in the bus lane.

I had this out with a guard when I crashed down at Hermitage clinic roundabout by Liffey Valley, a few years ago. I had to walk him to the sign showing the bus lane was closed.

I won after a serious arguement.

I had a wee chuckle to this.

Try going into court and telling the judge that the OP was driving in an active bus lane and as such, the third party crossing his path shouldn't be held accountable because the OP was in the bus lane.

I'm trying to picture the judge's face before he f'd and blinded the Solicitor out of the place.

OP -

Your the one at a loss. Kick up an almighty hullabaloo. Stalk the living hell out of Aviva. Their Indian offices are HELL to deal with.

When I was working in the UK, dealing with the same lads for Norwich Union actually caused me to go bald (thats what I tell myself)

Document all your calls too.

He who screams the loudest gets heard.

Zulu

jinkybhoy wrote: »

No we were both on the main road - he pulled into the bus lane to undertake.

Sorry misread that part - where is the damage on his vehicle?

Some scratching to his rear left bumper.

jinkybhoy

as mugmugs says - He who screams the loudest gets heard.

The insurer could try and turn it around and say that the damage on their insured's vehicle was from you hitting him from behind - that makes it your fault. I'm not saying this will happen but just be aware of it.

keep at aviva and again keep telling them their insured admitted liability to you and the garda that called out (even though that's not really worth anything, but it keeps pressure on them) - don't let up.

And you didn't hear this from me but if you kinda hint at maybe your feeling a bit sore - they may try and close the file as quickly as they can to save on paying out on injuries.

Antikythera

Zulu wrote: »

So I was driving down the bus lane (before it was closed)

Zulu wrote: »

Bus lane was closed, but that wouldn't make a difference really.

Was this one of those theoretical 'quantum bus lanes'?

Zulu

Antikythera wrote: »

Was this one of those theoretical 'quantum bus lanes'?

Yea, it was. Great input - you win at internet.

gerrykeegan

Sorry you were undertaking him, unless the traffic in the outside lane was stopped then you were breaking the law, if the damage is on the rear of his car this in most cases suggest you were at fault. he may well change his story if he speaks to someone in the know.

Antikythera

Antikythera wrote: »

Was this one of those theoretical 'quantum bus lanes'?

Zulu wrote: »

Yea, it was.

Well that explains everything. Since the bus lane was both open and closed, you can claim the other driver was simultaneously 'there' and 'not there', therefore you were both 'seeing him' and 'not seeing him'.

Unfortunately for you (and him), at the moment of impact, along with being 'there', you were 'not seeing him'. It's as if he didn't exist at that precise moment in time.

Whatever you do, don't blame yourself.

Antikythera

jinkybhoy wrote: »

And you didn't hear this from me but if you kinda hint at maybe your feeling a bit sore - they may try and close the file as quickly as they can to save on paying out on injuries.

Then who do you suggest he instead hold responsible for giving him the idea for this corny scam of yours?

jinkybhoy

Antikythera wrote: »

Then who do you suggest he instead hold responsible for giving him the idea for this corny scam of yours?

Did I say he should claim for injuries? I suggested he pretend this so as the claim might get settled up quicker.

You having a bad day Anti? Anything helpful to suggest to the original poster or do you just like making picky comments for the sake of making them? Do you troll around looking for spelling mistakes or incorrect full stops, commas etc. all day?

Anyway, I'm unfollowing this thread now as i think Zulu has enough info to be going on with. If you want to ask anything zulu just pm.

Cheers lads.

Zulu

gerrykeegan wrote: »

Sorry you were undertaking him, unless the traffic in the outside lane was stopped then you were breaking the law, if the damage is on the rear of his car this in most cases suggest you were at fault. he may well change his story if he speaks to someone in the know.

Thanks for your input. He was stopped at a redlight in a queue of traffic. I was travelling in an empty bus lane. The lights went green. He pulled into the bus lane in order to undetake the other cars in the queue. In doing so, he pulled into my path. I hit him.

Antikythera wrote: »

Well that explains everything.

I fixed the post to clarify that the buslane was open. FYI accident happened at 6:40am, bus lane hours are 7am to 7pm. Hopefully this will provide you with the information you require.

Unfortunately for you (and him), at the moment of impact, along with being 'there', you were 'not seeing him'. It's as if he didn't exist at that precise moment in time.

Sadly you are incorrect. This is forgivable as it's probably due to the fact that you haven't been given all the information. That said, please continue to pass judgments with what information you have.
You see, while I saw him pull out, my car didn't have enough breaking distance to prevent the collision.

Whatever you do, don't blame yourself.

I won't. But then it wasn't my fault, so it'd be pointless to blame myself.

ScouseMouse

MugMugs wrote: »

I had a wee chuckle to this.

Try going into court and telling the judge that the OP was driving in an active bus lane and as such, the third party crossing his path shouldn't be held accountable because the OP was in the bus lane.

I'm trying to picture the judge's face before he f'd and blinded the Solicitor out of the place.

Why so?

Its obvious yer man was wrong by pulling in front of the OP.

But if it can be shown, the OP was ILLEGALLY driving in the bus lane, then there has to be an arguement that he contributed to the accident. If he wasnt breaking the law, it wouldnt have happened.

Still chuckling? I think you are wrong.

Ludo

Zulu wrote: »

Some scratching to his rear left bumper.

hmmmm...if you hit his rear bumper, does this not imply you were driving too fast for the situation and could therefore be at fault even though he didn't look. If he had the time to pull all the way into the lane (as you hit his rear bumper) you should have had time to stop. Not saying it is your fault BUT this could easily be used to try denying responsibility.

MugMugs

superscouse wrote: »

Why so?

Its obvious yer man was wrong by pulling in front of the OP.

But if it can be shown, the OP was ILLEGALLY driving in the bus lane, then there has to be an arguement that he contributed to the accident. If he wasnt breaking the law, it wouldnt have happened.

Still chuckling? I think you are wrong.

Eh, so if I am driving in active bus lane and somebody takes exception to that matter and crosses MY path, its split liability? I'll emphasise the key elements of that statement "crosses my path"

Insurers are not the law. Liability is determined by all variables know by the investigator. A third party crossing another parties path and the damage being consistent with the same in a situation is quite clear cut.

Zulu

Ludo wrote: »

Zulu wrote: »

Some scratching to his rear left bumper.

...if you hit his rear bumper, does this not imply you were driving too fast for the situation and could therefore be at fault even though he didn't look.

left corner. It implies I was driving to fast by moving in such a fashion that I couldn't stop in time to avoid someone pulling out into my path. What speed would you recommend to prevent colliding with someone who turns into you?

If he had the time to pull all the way into the lane (as you hit his rear bumper)

left rear bumper - but dont worry about that, the point is he didnt have time to pull into the lane - hence the crash.

you should have had time to stop.

next time i come within 5meters on traffic in a different lane i'll slow down to 5mph just in case so :rolleyes:

Not saying it is your fault BUT this could easily be used to try denying responsibility.

well you're going to great lengths to imply it.

Anyway, for all those who think it might be my fault - it no longer matters, he has advised his insurance company that he was at fault. I've a rental car. And hopefully I'll get my motor back by the end if next week.

MugMugs

Good job!

johnos1984

TestTransmission wrote: »

OT but, I rang them a week or two ago about a few things and it was the most painful experience of my life.Do Aviva actually have any offices you can drop into?

I no longer shop with any service which has a call center outside of Ireland due to communication issues and the amount of frustration it causes


It's the biggest pain imaginable when something goes wrong

EDIT: Those services include banking, insurance and phone.

I don't really pay any other large bills

heate

How would driving illegally in a bus lane have any effect on the matter.
A bus lane is part of a road you are allowed drive in many bus lanes at certain times and indeed you are allowed pull across them to access a road.
It is not a criminal offence to drive in a bus lane, heck there isn't even any points for the 'offence'.

The driver was not paying attention to other traffic, what is he going to claim that he was expecting a bus and not seeing one he undertook? Taxis use bus lanes as well.
He owes a duty of care to all drivers in his vicinity and by not checking as to if it was safe to change lanes he has breached this duty thus giving rise to a claim of negligence.

Had the OP been driving (keeping with lane issues here) in a lane to go right or left and went straight then yes he would have had some fault in the matter.

R.O.R

As you have a rental car, it's in the insurer's interest to get you back in your own car as quickly as possible, but bare in mind that assesors are currently up the wall looking at hundreds (if not thousands) of very damp cars.

Keep the pressure up on your insurer and keep chasing then to have it assesed as quickly as possible.