Motor Insurance closed claim without discussion

Laphroaig52

Hello legal experts!

A motor insurance question:

My car was hit from behind while stopped in traffic.

The accident was reported to Gardai and we exchanged details and went on our way.

Damage to my car was estimated to be ~€2000. I passed this on to her insurance company and they sent an assessor to look at my car.

Three weeks later I get a curt letter from her insurance company stating that:

a) damage is assesed at only ~€1500
b) she has submitted a report denying responsibilty and thus the claim is closed.

I never saw her report and they never asked me for any written report (though we did discuss on the phone) but they have closed out the claim on the basis of her report.

What are my options here?
the process doesn't seem fair or impartial but how (or to whom)does one appeal such a decision?

Thanks!

CIARAN_BOYLE

I think the usual situation is that you claim with your own company who sends out assesor and reads your statement. Your company pays out and sues her company for damages.

Pkiernan

Doesn't one just simply sue the offending driver in this scenario?

seamus

They are entitled to refuse responsibility for your costs. You are entitled to pursue them in court for these costs.

The typical way to go about it is to make the claim with your insurance company who will go through the pain of chasing it up for you.

coylemj

I could understand a difference of opinion if the two cars came from different directions and collided at a junction in the middle of nowhere but surely a rear-ender is typically an open and shut case - unless the driver who does the rear-ending claims the guy in front had no brake lights?

It's also strange that the OP wasn't asked for a report, maybe there's more to this than we've been told.....

coylemj

CIARAN_BOYLE wrote: »

I think the usual situation is that you claim with your own company who sends out assesor and reads your statement. Your company pays out and sues her company for damages.

seamus wrote: »

The typical way to go about it is to make the claim with your insurance company who will go through the pain of chasing it up for you.

Won't he need fully comp. in order to get his own insurance company involved?

Milk & Honey

coylemj wrote: »

Won't he need fully comp. in order to get his own insurance company involved?

Yes. It will also mess up his no claims until the money is paid up. Only thing to do is sue for the cost of the damage in the District Court. The o/p should tak to his insurance broker about the situation as well. I would lay two to one that the o/p has direct insurance.