car accident claim with uninsured

unlucky7

advice please anyone,had my car written off by an uninsured driver,scary accident,suffering pain bruising etc.have only third party insurance and quated car value at the time of 2000e,(thinking this would reduce my premium).market value at the moment ranges from 3000-4000.as im not claiming from my own insurer and now with mibi,will they pay me market value or my insurers value. have solicistors on the case... any advice would be great

MagicSean

Sort out your medical stuff first. Get a full prognosis. Then have your solicitor lodge a claim against the mibi.

Katekat

You'll be lodging claim through the PIAB against the MIBI. You can access information on the PIAB website or go through you solicitor. Just bear in mind that if you accept award from PIAB you may have to pay for solicitor yourself. You best get some legal advice and read up on the PIAB.

Pkiernan

Injury awards aside, if you get only 2k for your car, take the other party of the accident to the Small Claims Court for the remainder of the balance.

Assuming you have a Garda report, it should be a no brainer.

The no-good dirtbag uninsured driver may not have any money, but at least you'll get a judgement against him.

Louvarella

unlucky7 wrote: »

advice please anyone,had my car written off by an uninsured driver,scary accident,suffering pain bruising etc.have only third party insurance and quated car value at the time of 2000e,(thinking this would reduce my premium).market value at the moment ranges from 3000-4000.as im not claiming from my own insurer and now with mibi,will they pay me market value or my insurers value. have solicistors on the case... any advice would be great

The first thing you need to do is get your car independently assessed to confirm your car is a write off. The Motor Assessor will also place a Pre Accident Value on the car and might also source a Salvage buyer for your crashed car, this saves you from having to worry about disposing of it. The Pre Accident Value will be based on the current market value of the car taking into account its general condition, mileage, valid NCT, etc. A Motor Assessor will cost about €150 to €200 to carry out an inspection and they will do a written report which you can submit with your claim. You will be able to claim for the cost of the report also, but you will just have to fork out up front for it.

To be honest, you say you have a solicitor acting for you, I'm surprised they have not advised you of this very basic step in making a claim for car damage. You might want to reconsider the solicitor you have engaged??:)

tuxy

Is it ok to have a car insurance policy and deliberately under value you the item you are insuring?

unlucky7

Louvarella wrote: »

The first thing you need to do is get your car independently assessed to confirm your car is a write off. The Motor Assessor will also place a Pre Accident Value on the car and might also source a Salvage buyer for your crashed car, this saves you from having to worry about disposing of it. The Pre Accident Value will be based on the current market value of the car taking into account its general condition, mileage, valid NCT, etc. A Motor Assessor will cost about €150 to €200 to carry out an inspection and they will do a written report which you can submit with your claim. You will be able to claim for the cost of the report also, but you will just have to fork out up front for it.

To be honest, you say you have a solicitor acting for you, I'm surprised they have not advised you of this very basic step in making a claim for car damage. You might want to reconsider the solicitor you have engaged??:)

its kinda of a messy situation,im with quinn,third party.the guy who hit me was alaso with quinn apparentley up until the day before the accident.think he was refused insurance on this bmw he got the day of accident and i wreckon he thought he may have had open insurance,anyway quinn cant confirm that he was or wasnt insured,but its looking like he wasnt.on the night of accident he gave a quinn ref no. which didnt check out when i rang them the next day lodging claim.gaurds gave him 10 days to produce cert,9 days have now passed.quinn assesor called to my house going through the motions etc.i had to pay 460e in the recovery myself which should be recovered in time,had it scrapped for 220,ouch.solicitors are top notch,family recommended them.im now without a car,unfit to work with back pain,unable to play soccer which is my passion,cant sleep etc.doctors been great must say.turns out the idiot who hit me is quite successful career wise so he surely could afford insurance.thankfully a witness at the scene deems this guy liable,100kph accident like.just doesnt sem fair,the culprits at work and incurring no pain,me,the victim,in pain,no car,out of work and sporting passion halted. a message to everyone,slow down,drive safe and be insured

Milk & Honey

Pkiernan wrote: »

Injury awards aside, if you get only 2k for your car, take the other party of the accident to the Small Claims Court for the remainder of the balance.

Assuming you have a Garda report, it should be a no brainer.

The no-good dirtbag uninsured driver may not have any money, but at least you'll get a judgement against him.

The o/p can't go to the Small Claims Court or any court after the claim is settled. There cannot be two claims in respect of the same incident. The claim will be taken against the other driver and the MIBI. MIBI will settle the action and pursue the other driver for its outlay. There is a procedure to be followed in making an MIBI claim. It can be linked through the Dept. of Transport website.

kennM

Two separate things here....

Material Damages - What you need to is do your market research regarding cost of car in comparable condition and mileage and fight it out with the insurance company. Naturally they want to get out of the claim as cheaply as possible, if you can produce evidence regarding how much the car would be to replace then it makes their argument a little harder. Solicitor would probably advise you similar.

Personal Injuries - Did you attend hospital etc.? Presume you have medical prognosis etc. etc. etc. You only had your accident a couple of weeks back so be patient. don't rush into personal injuries. You need to be patient and wait until you are 100% healed and the extent of your injuries are known understood and resolved. I'm 18 months down the line and a few K out of pocket.... medical bills in 5 figures and prognosis not pinned down yet.

The reality is it is an unfair process and you're the one who suffers most.... only upside is compensation but to be honest I'd much prefer not to have been hit in the first place!

unlucky7

thanks kennM,good advice taken,think the key word is " patience" alright...

kennM

unlucky7 wrote: »

thanks kennM,good advice taken,think the key word is " patience" alright...

You're more than welcome.... just DON'T rush into things... make sure you're physically 100% before doing anything. Your health needs to be priority 1 end of. Read an unfortunate thread recently where someone had settled with piab but health issues weren't nailed down. Not too far down the road, settlement money gone and still paying medical bills regularly.....

You have up to 2 years from the time of accident to file a claim...

Mr. Presentable

tuxy wrote: »

Is it ok to have a car insurance policy and deliberately under value you the item you are insuring?

The most they will pay is what value you put on the car. It's worth 10 but you put down 8, then 8 is what they will pay if it's destroyed - and only then if their assessor reckons it was worth 8.

If you think it's worth 10, and put the value on the insurance at 8, the car is destroyed, the assessor says it was worth 6, then you can get at best 6 unless you can argue for more, but never get more than your own evaluation as noted on your policy.

kennM

Mr. Presentable wrote: »

The most they will pay is what value you put on the car. It's worth 10 but you put down 8, then 8 is what they will pay if it's destroyed - and only then if their assessor reckons it was worth 8.

If you think it's worth 10, and put the value on the insurance at 8, the car is destroyed, the assessor says it was worth 6, then you can get at best 6 unless you can argue for more, but never get more than your own evaluation as noted on your policy.

Not sure if this is 100% true personally. If you are claiming for your own insurance policy then it is likely true, not sure it matters if you are claiming from "other" insurance company/MIBI.

unlucky7

im thinking the same,i valued the car at 2000 with insurer,lets say i write the car off myself with no other cars involved,i claim from my insurer for a settlement to replace the car,a maximum of 2000,completley understandable as i valued it at 2000 and would have been my fault.(am aware i only had third party cover so wouldnt have got nothing) now in my instance,i wasnt at fault,market value of the car ranges from 3000-4000,like it was also an asset,if i was to sell the car car prior to the accident,i would have sold it for the above amount...surely ive a case

kennM

unlucky7 wrote: »

im thinking the same,i valued the car at 2000 with insurer,lets say i write the car off myself with no other cars involved,i claim from my insurer for a settlement to replace the car,a maximum of 2000,completley understandable as i valued it at 2000 and would have been my fault.(am aware i only had third party cover so wouldnt have got nothing) now in my instance,i wasnt at fault,market value of the car ranges from 3000-4000,like it was also an asset,if i was to sell the car car prior to the accident,i would have sold it for the above amount...surely ive a case

Id suspect you have a case. Its just a case of proving value, find comparable condition and mileage with proof. You will probably need to argue a bit with other ins company.

Regarding 2000 sum insured its kind of irrelevant. Third party, you are only insuring the damage you do to the third party.

Fyi 2000 value and 4000 value would make very little difference premium wise....