Claiming after a car accident.

--SmItHy-- · 06-01-2012 1:44pm #1

Okay so here's the complete run down on my situation. I was in my friends car and we crashed. He was okay but I was brought to hospital and was looked over by means of xray and a doctors consultation. I am thinking about claiming from my friends insurance but first want to be sure of all the implications that might face him. He was holding a learner permit with no full licence holder in the car and under his mothers insurance plan. All details were swapped and the Gardai were also at the scene.

MagicSean · 06-01-2012 1:48pm

Claiming for what? You have to actually have received some injury. If a claim against him is successful then he will face a hefty increase in any future insurance premiums.

Chuck Stone · 06-01-2012 1:49pm

--SmItHy-- wrote: »

Okay so here's the complete run down on my situation....

That's not the complete rundown.

Was it an accident that involved another vehicle?

Who was at fault?

smcelhinney · 06-01-2012 1:51pm

Horse and gate and bolting and closing..

But why did you get into a car with an (effectively) uninsured driver?

MidlandsM · 06-01-2012 1:52pm

if you were not injured, why are you intending to claim?

seamus · 06-01-2012 1:54pm

MagicSean wrote: »

Claiming for what?

His hospital costs presumably.

OP, the only implication for your mate will be a massive hike in his insurance premium.

Figure out how much it cost you to go the to hospital and ask your mate to give you that money. That's what friends do. Forget about insurance.

--SmItHy-- · 06-01-2012 1:56pm

On the report I have had one xray and 2 mris which concluded that I had a bruised kidney and a vertebrae in my back is now slightly out of alignment. This has been causing serious back pain and while in hospital I had been on various drips and received various injections. I haven't recieved a hospital bill yet so I dont know the full extent of the damage money wise but I can't see it being affordable for a college student!.

--SmItHy-- · 06-01-2012 2:00pm

smcelhinney wrote: »

Horse and gate and bolting and closing..

But why did you get into a car with an (effectively) uninsured driver?

Completely irrelevant and what's done is done. If I could see into the future, I would own a hospital!

A2LUE42 · 06-01-2012 2:00pm

--SmItHy-- wrote: »

On the report I have had one xray and 2 mris which concluded that I had a bruised kidney and a vertebrae in my back is now slightly out of alignment. This has been causing serious back pain and while in hospital I had been on various drips and received various injections. I haven't recieved a hospital bill yet so I dont know the full extent of the damage money wise but I can't see it being affordable for a college student!.

Not wanting to be rude, but why were you in the car in the first place ?

--SmItHy-- · 06-01-2012 2:02pm

A2LUE42 wrote: »

Not wanting to be rude, but why were you in the car in the first place ?

It bet walking at the time to be completely honest

seamus · 06-01-2012 2:08pm

Well for that level of injury, you're right, the medical bills probably won't be affordable by him or his parents.

Assuming you don't have medical insurance that will cover it, then you can open a claim with his insurance company. They won't pay you until the full extent of your injuries are known, but just don't take the piss and go claiming for six months off work, and emotional distress and that. Just claim for what the accident has cost you.

You can open the claim with the insurance company now and they'll leave it on hold until you have a bill for the damages.

Your mates insurance premium will go up.

thebiglad · 06-01-2012 2:10pm

--SmItHy-- wrote: »

On the report I have had one xray and 2 mris which concluded that I had a bruised kidney and a vertebrae in my back is now slightly out of alignment. This has been causing serious back pain and while in hospital I had been on various drips and received various injections. I haven't recieved a hospital bill yet so I dont know the full extent of the damage money wise but I can't see it being affordable for a college student!.

If you are genuinely injured then you need to make a claim. Do not worry that he was a provisional driver etc - it will make no difference to the insurer.

If your friend caused this accident then his mother's insurance premium will go up, you will have to deal with the fall out from that.

But as I started with if the injuries you list are genuine then they may serious implications for the rest of your life and you need to make sure that whatever about the compensation for initial pain and suffering you have adequate support for future medical care and potential choices on career which may be impacted by lower back injury.

This is not a spurious claim and you should initially stick a claim in via PIAB although ultimately given the nature of injuries you will need a Solicitor.

I would not recomend trying to settle with the insurer now or on your own as your injuries cannot be stablilised and you cannot possibly know now the future impact.

By the way, I do work in Insurance Claims and detest as much as the next person the level of spurious claiming - this is certainly not such an event (based on presented info) and OP should not be discouraged from claiming for merely doing what many in this Country are doing and that which the law is turning a blind eye on.

MidlandsM · 06-01-2012 2:24pm

--SmItHy-- wrote: »

If I could see into the future, I would own a hospital!

ahhhh, but you can see into the future, you can forsee a payout......:rolleyes:

--SmItHy-- · 06-01-2012 2:43pm

I hope so because at the moment I can't work my part time job that pays my way though college and can't even do semester 1 exams because sitting upright in a chair is impossible.

MidlandsM · 06-01-2012 2:47pm

--SmItHy-- wrote: »

I hope so because at the moment I can't work my part time job that pays my way though college and can't even do semester 1 exams because sitting upright in a chair is impossible.

sure it is, and is your sex life ruined too?:p

--SmItHy-- · 06-01-2012 2:53pm

We'll talk about that when you're mature enough. With that coming from a 19 year old, you may have serious issues.

Thanks for anyone who offered genuine help.

MagicSean · 06-01-2012 2:54pm

MidlandsM wrote: »

sure it is, and is your sex life ruined too?:p

Have you ever been injured in a car accident?

Kosseegan · 06-01-2012 3:44pm

You have every right to claim. It is required by European Law that every passenger injured in a road vehicle (unless they stole it) must be compensated for injury. Go to a good personal injury solicitor.

ResearchWill · 06-01-2012 4:04pm

smcelhinney wrote: »

Horse and gate and bolting and closing..

But why did you get into a car with an (effectively) uninsured driver?

Can you point to the legislation that makes him (effectively) uninsured.

thebiglad · 06-01-2012 4:07pm

Kosseegan wrote: »

You have every right to claim. It is required by European Law that every passenger injured in a road vehicle (unless they stole it) must be compensated for injury. Go to a good personal injury solicitor.

And only then if they knew the vehicle was stolen - think hitch hiker or your 'mate' drives past in a 'new' car and offers you a lift (ignore the screwdriver in the ignition:))

berrypendel · 06-01-2012 11:46pm

seamus wrote: »

Well for that level of injury, you're right, the medical bills probably won't be affordable by him or his parents.

Assuming you don't have medical insurance that will cover it, then you can open a claim with his insurance company. They won't pay you until the full extent of your injuries are known, but just don't take the piss and go claiming for six months off work, and emotional distress and that. Just claim for what the accident has cost you.

You can open the claim with the insurance company now and they'll leave it on hold until you have a bill for the damages.

Your mates insurance premium will go up.

how do you know there is no emotional distress. severe back pain causes distress and so could worry re the kidney

nuac · 07-01-2012 1:41pm

Injury may be serious.

Insurance may not be a difficulty - there is always the Motor Insurers' Bureau.

See a solicitor. Get your PIAB claim in

smcelhinney · 08-01-2012 12:12am

ResearchWill wrote: »

Can you point to the legislation that makes him (effectively) uninsured.

My apologies, I didn't say it was illegal. Its obviously at the discretion of your Insurance provider as to whether or not they will cover you as an unaccompanied driver, as per the recommendation from the IIF back in 2008.

ResearchWill · 08-01-2012 12:16am

smcelhinney wrote: »

My apologies, I didn't say it was illegal. Its obviously at the discretion of your Insurance provider as to whether or not they will cover you as an unaccompanied driver, as per the recommendation from the IIF back in 2008.

I think the Irish Independent have a different version of events. http://www.independent.ie/lifestyle/motoring/learners-who-drive-alone-still-insured-1419956.html

"But yesterday a spokesman for the Irish Insurance Federation (IIF) said motorists who broke the law and crashed while driving alone would still be covered. "If driving unaccompanied, the driver is guilty of a criminal offence, but they are still insured," he said.
Warned
"If you don't obey the rules of the road and drink and drive or break a red light, you're guilty of an offence but are still covered. It's the same case with driving unaccompanied. [That] has nothing really to do with insurance at this time."
However, he warned people that their individual cover might contain a clause stating that their insurance would be invalidated if they were unaccompanied. Such conditions do not generally appear in standard policies. He stressed that the third party would always be covered in a crash, regardless of the driver's fitness to be behind he wheel."

I would believe that for an insurance to refuse third party cover in such a situation would be illegal.

MagicSean · 08-01-2012 1:34am

ResearchWill wrote: »

I think the Irish Independent have a different version of events. http://www.independent.ie/lifestyle/motoring/learners-who-drive-alone-still-insured-1419956.html

"But yesterday a spokesman for the Irish Insurance Federation (IIF) said motorists who broke the law and crashed while driving alone would still be covered. "If driving unaccompanied, the driver is guilty of a criminal offence, but they are still insured," he said.
Warned
"If you don't obey the rules of the road and drink and drive or break a red light, you're guilty of an offence but are still covered. It's the same case with driving unaccompanied. [That] has nothing really to do with insurance at this time."
However, he warned people that their individual cover might contain a clause stating that their insurance would be invalidated if they were unaccompanied. Such conditions do not generally appear in standard policies. He stressed that the third party would always be covered in a crash, regardless of the driver's fitness to be behind he wheel."

I would believe that for an insurance to refuse third party cover in such a situation would be illegal.

But it would not be illegal for them to pursue the insured for payment of any claim afterwards, which is likely if the insured had not followed the terms of their insurance.

ResearchWill · 08-01-2012 1:54am

MagicSean wrote: »

But it would not be illegal for them to pursue the insured for payment of any claim afterwards, which is likely if the insured had not followed the terms of their insurance.

They may very well try, but I am not aware of any case on point, so I can not give a definitive answer, but my own personal view is that the insurance company would have a hard time wining that claim. Made all the more difficult in that the policy holder is the parent of the driver rather than the driver.

Yawns · 09-01-2012 7:22am

Jesus wept that old line of not being insured again. Think about it now. It would also apply to full licence holders as well as learners. If you crash whilst over speed limit they won't pay out?

They may try to recoup costs paid out to a 3rd party but so far I have not heard of any such case.

Claiming after a car accident.

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