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insurance claim

  • 16-03-2012 7:58am
    #1
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭


    does anyone know if an insurance company can have a record of a claim if a claim is dealt with personally and not against the insurance company ?

    ie. personal injuries claim following from road traffic accident ...as an example.


Comments

  • #2
    mitzicat
    Registered Users, Registered Users 2 Posts: 54 ✭✭mitzicat


    PCPhoto wrote: »
    does anyone know if an insurance company can have a record of a claim if a claim is dealt with personally and not against the insurance company ?

    ie. personal injuries claim following from road traffic accident ...as an example.

    If it's dealt with personally, it's not a claim. I believe there's a formal process of entering the claim into a database system when it comes in. If you didn't notify insurers, is there any other way that they could have found out about? Meaning, did the other side notify their insurance company? Did you tell your insurance company about it when it happened, but then withdrew your claim? Did you give your insurance info out to anyone when it happened?


  • #3
    mitzicat
    Registered Users, Registered Users 2 Posts: 54 ✭✭mitzicat


    I should also mention that in Canada, where I'm from, settling privately with the other party is something that is done often enough, if the cost of the damage is low, i.e., under the threshold upon which it has to be legally reported (about $1,000 - $1,500 CDN I believe).

    But - that's strictly for property damage, both sides benefit from this because it's quicker so both sides agree to it. Personal injury, if you're thinking about settling with someone you've injured out-of-court, you'd best be careful. Giving them money out of your pocket doesn't stop them from still taking the matter to court, if they're sly enough to do that.


  • #4
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    PCPhoto wrote: »
    does anyone know if an insurance company can have a record of a claim if a claim is dealt with personally and not against the insurance company ?

    ie. personal injuries claim following from road traffic accident ...as an example.


    They can and should have and often do have a record of such an incident. Every incident of personal injury on the roads should be reported to the Garda. All incidents should be reported to the insurance companies of every driver involved within 7 days or sooner if provided in the insurance contracts.


  • #5
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    mitzicat wrote: »
    If it's dealt with personally, it's not a claim. I believe there's a formal process of entering the claim into a database system when it comes in. If you didn't notify insurers, is there any other way that they could have found out about? Meaning, did the other side notify their insurance company? Did you tell your insurance company about it when it happened, but then withdrew your claim? Did you give your insurance info out to anyone when it happened?

    well if you are in an accident you have to report it as part of terms and conditions of your insurance - in my case I told them I was thinking about handling it myself and both myself and insurance company received letters of claim from solicitor - I told insurance company I was intent on dealing with it myself as I didn't trust them to argue a case against it and they agreed that if they get a medical report from a doc they will pay out, they argued there was a risk they would be held liable if I'm unable to pay so they were insisting on taking on the case ... which makes me think ..... if they are so hell bent on dealing with it whats in it for them ....and the best thing that I can get is that they will have me tied into them for a number of years as a result of a claim (which is why I'm trying to figure out if they are allowed to have a record of a claim if they are not involved in the claim process)


  • #6
    mitzicat
    Registered Users, Registered Users 2 Posts: 54 ✭✭mitzicat


    Once you notify them it's out of your hands really. The injured party can in fact sue your insurers. Doubt it has anything to do with trying to keep you on as an insured.


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  • #7
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    mitzicat wrote: »
    Once you notify them it's out of your hands really. The injured party can in fact sue your insurers. Doubt it has anything to do with trying to keep you on as an insured.

    thats not true ... once you inform them you can tell them you wish to handle the case yourself - so (in theory) they do not have a claim against your insurance.

    you have to inform them of an accident - you do not have to let them handle the claim, I just have an issue with the payouts that I see people getting on a daily basis - without ever questioning the injured person.


  • #8
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    PCPhoto wrote: »
    thats not true ... once you inform them you can tell them you wish to handle the case yourself - so (in theory) they do not have a claim against your insurance.

    you have to inform them of an accident - you do not have to let them handle the claim, I just have an issue with the payouts that I see people getting on a daily basis - without ever questioning the injured person.

    There is a subrogation clause in the policy allowing them to decide how to handle the claim. If you do not allow them to handle the claim they can avoid the policy. If there is an order against you the claimant can make your insurers pay.


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