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50/50 fault - who pays out for damage?

  • 08-03-2012 4:24pm
    #1
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭


    What happends in case of accidents where there is 50/50 blame on both drivers?

    Assume both vehicles are damaged.

    Normally, when only driver A is to blame, then driver B can claim for damage to his car from driver's A insurance, while driver A can claim for damage of his car, from his own insurance provided he has comprehensive cover.

    What happens then, when blame is 50/50?

    Does everyone fixes his car from his own insurance if they have comprehensive cover (or own pocket if they don't or don't want to use insurance)?

    Or maybe 50% of damage to A car is covered from B third party insurance, while 50% of damage to B car is covered from A third party insurance.
    Remaining 50% of damage to both cars can be repaired from owners comprehensive insurance, or own pocket...

    Which option applies in reality?


Comments

  • Registered Users, Registered Users 2 Posts: 3,424 ✭✭✭Avns1s


    You cover the damage to your own car.


  • Registered Users, Registered Users 2 Posts: 18,272 ✭✭✭✭Atomic Pineapple


    Avns1s wrote: »
    You cover the damage to your own car.

    +1


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    I actually thought the same, and it seems to be reasonable, except from situation, where there is big difference in damage.
    Say car A was a €300 worth banger, it's a write off, so whole damage is €300 euro.
    While the other car, was €100,000 ferrari and it's also a write off.

    Then it looks like one driver must cover a damage of €300 while the other must cover a damage of €100,000 which seems to be quite unfair, considering they both concurred to the accident and their fault is equal.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    I would have thought that each party pays 50% of the total damages?


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    Avns1s wrote: »
    You cover the damage to your own car.

    When I was a claims handler back in the day

    Knock for Knock was you look after your own but 50/50 was very much that.

    Policy A pays out 50% of Policy B's outlay and vice versa.

    Reason for this was lets say 01 Corsa -vs- 12 D BMW 530D.

    BMW will be at a greater loss in comparison to the Corsa so to receive 50% of their outlay is fairer to all concerned....

    Unless it's changed. :)


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  • Registered Users, Registered Users 2 Posts: 3,424 ✭✭✭Avns1s


    Anan1 wrote: »
    I would have thought that each party pays 50% of the total damages?

    I can understand the logic behind that but in reality, any time I have heard of a 50-50 accident, it has been a case of each party repairing their own. How they do that is up to them, i.e. if they have comprehensive insurance and wish to put it through or whether they pay it in cash.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    Avns1s wrote: »
    I can understand the logic behind that but in reality, any time I have heard of a 50-50 accident, it has been a case of each party repairing their own. How they do that is up to them, i.e. if they have comprehensive insurance and wish to put it through or wheter they pay it in cash.
    I honestly don't know, but i'd be interested to find out.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    I had a crash about 5 years ago that was deemed to be 50/50 and we each covered our own damage. Im fairly sure the cost to repair my car was a lot higher than the repair costs of the other car.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    djimi wrote: »
    I had a crash about 5 years ago that was deemed to be 50/50 and we each covered our own damage. Im fairly sure the cost to repair my car was a lot higher than the repair costs of the other car.

    Did you try to claim for 50% of your damage from the other party?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    CiniO wrote: »
    Did you try to claim for 50% of your damage from the other party?

    I tried to claim 100% as I wasnt at fault, but thats another story entirely...!

    Once it was deemed 50/50 I didnt give a toss how much each paid out; a claim is a claim whether its for €500 or €5000, and I left it up to my insurer to worry about how much out of pocket they were.


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