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Accidents and Insurance help !

  • 28-03-2012 4:59pm
    #1
    Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭


    I'll make a long story short here,

    I was involved in an accident last year on a coming up to a motorway where the car in front of me broke so hard that I accidentally crashed into the back of it. Following this, the car behind me hit me in the rear.
    The car in front broke as if to stop completely and the driver gave no explanation whatsoever as to why this happened. The driver then offered me money in a way that proved their guilt and they realised they were in the wrong.
    Following this, the Gards came and took statements, etc to let the insurance company deal with us.

    Since then, I have been claimed against by the driver in front for the damage to the car (which was minimal) as well as a personal injury claim. My renewal came today and is in the region of €3000 for the year which I can't afford.

    Can anybody give me any advice, etc. as to what to do ?


Comments

  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    In 99.9% of cases rear ending someone is the fault of the rear ender. You will have to just chalk this one down to nothing you can do I'm afraid.


  • Registered Users, Registered Users 2 Posts: 7,138 ✭✭✭snaps


    wouldnt you have a claim on the person that hit you in the rear too?


  • Registered Users, Registered Users 2 Posts: 6,163 ✭✭✭ZENER


    Can't you claim off the guy who rear-ended you ? He's liable under the same conditions as you were I think ?

    Ken


  • Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭Father Hernandez


    I can yeah and the whole claim hasn't been settled yet. The car behind me had to be towed away even though my car was barely damaged. I haven't made a claim against the driver behind because I'm adamant that it actually wasn't my fault or the driver behind even though legally I am in the wrong.

    The car in front broke so hard for no apparent reason that there was smoke coming from the wheels when it was happening. After the driver got out in front, they gave no explanation whatsoever and offered money as they knew they were wrong. I had four passengers in the car with me at the time and they, including the driver behind all seen this and would swear blind that the driver was completely in the wrong.


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


    hogey143 wrote: »
    I can yeah and the whole claim hasn't been settled yet. The car behind me had to be towed away even though my car was barely damaged. I haven't made a claim against the driver behind because I'm adamant that it actually wasn't my fault or the driver behind even though legally I am in the wrong.

    The car in front broke so hard for no apparent reason that there was smoke coming from the wheels when it was happening. After the driver got out in front, they gave no explanation whatsoever and offered money as they knew they were wrong. I had four passengers in the car with me at the time and they, including the driver behind all seen this and would swear blind that the driver was completely in the wrong.

    To be honest, I don't think driver in front had obligation to explaining to you why did he do emergency braking. Surely he had to explain it to insurance company, and assuming your insurance had to pay for damage you made to him, means that his explanation satisfied them.

    However you should have claimed from insurance of guy who hit you from behind, for any damage you have suffered.


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  • Registered Users, Registered Users 2 Posts: 84,762 ✭✭✭✭Atlantic Dawn
    M


    hogey143 wrote: »
    I had four passengers in the car with me at the time and they, including the driver behind all seen this and would swear blind that the driver was completely in the wrong.

    I'm afraid you are at fault, you need to leave enough room for braking distance with the speed to which you are travelling, harsh but true.

    It's likely you will have to stay with your current insurer until the claim is settled as a new insurer is unlikely to take you on until it is.


  • Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭Father Hernandez


    CiniO wrote: »
    Surely he had to explain it to insurance company, and assuming your insurance had to pay for damage you made to him, means that his explanation satisfied them.]

    The case still hasn't been settled as my insurance company are looking for this explanation that the driver is refusing to give. He is claiming he didn't brake at all.


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


    hogey143 wrote: »
    The case still hasn't been settled as my insurance company are looking for this explanation that the driver is refusing to give. He is claiming he didn't brake at all.

    So in that case I don't know what's going to happen..


  • Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭Father Hernandez


    It's quite a strange situation alright !


  • Registered Users, Registered Users 2 Posts: 10,178 ✭✭✭✭billyhead


    hogey143 wrote: »
    I'll make a long story short here,

    I was involved in an accident last year on a coming up to a motorway where the car in front of me broke so hard that I accidentally crashed into the back of it. Following this, the car behind me hit me in the rear.
    The car in front broke as if to stop completely and the driver gave no explanation whatsoever as to why this happened. The driver then offered me money in a way that proved their guilt and they realised they were in the wrong.
    Following this, the Gards came and took statements, etc to let the insurance company deal with us.

    Since then, I have been claimed against by the driver in front for the damage to the car (which was minimal) as well as a personal injury claim. My renewal came today and is in the region of €3000 for the year which I can't afford.

    Can anybody give me any advice, etc. as to what to do ?

    €3000 seems a bit excessive. What was it previously and do you have excess on your policy? I was involved in an accident late 2011 which was my fault and the claim was settled for 2,400. My previous policy was around 600. Would anyone know roughly by how much will my renewal jump up to when the time comes.


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


    hogey143 wrote: »
    I'll make a long story short here,

    I was involved in an accident last year on a coming up to a motorway where the car in front of me broke so hard that I accidentally crashed into the back of it. Following this, the car behind me hit me in the rear.
    The car in front broke as if to stop completely and the driver gave no explanation whatsoever as to why this happened. The driver then offered me money in a way that proved their guilt and they realised they were in the wrong.
    Following this, the Gards came and took statements, etc to let the insurance company deal with us.

    Since then, I have been claimed against by the driver in front for the damage to the car (which was minimal) as well as a personal injury claim. My renewal came today and is in the region of €3000 for the year which I can't afford.

    Can anybody give me any advice, etc. as to what to do ?
    Your options are to:

    1. Pay the quote

    2. Get a cheaper quote elsewhere

    or

    3. Give up driving for a while.


  • Registered Users, Registered Users 2 Posts: 199 ✭✭The Gride


    D'ont worry, all the Insurance companies involved will try and find ye all some way in the wrong so that they can increase the renewals of all of you.


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


    hogey143 wrote: »
    CiniO wrote: »
    Surely he had to explain it to insurance company, and assuming your insurance had to pay for damage you made to him, means that his explanation satisfied them.]

    The case still hasn't been settled as my insurance company are looking for this explanation that the driver is refusing to give. He is claiming he didn't brake at all.

    In that case it could run to litigation and as such you could be putting your case and this forum at risk. I'd earnestly suggest you seek legal advice from a professional and ask that this thread be removed. By the way, with an open claim against you, you're tied to your insurer until it settles...


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


    MugMugs wrote: »
    By the way, with an open claim against you, you're tied to your insurer until it settles...

    But can he not cancel his insurance, or just don't renew it?


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


    CiniO wrote: »
    MugMugs wrote: »
    By the way, with an open claim against you, you're tied to your insurer until it settles...

    But can he not cancel his insurance, or just don't renew it?

    Of course the OP can do that. But they can't go elsewhere with a claim pending.


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


    MugMugs wrote: »
    Of course the OP can do that. But they can't go elsewhere with a claim pending.

    Maybe bit OT but what in case OP needed different kind of insurance?
    For example he wanted to switch from car to a van, but his current insurance company didn't offer van cover?
    Is he stock here, and he can't insure a van until claim is settled which sometimes might be even few years????:eek:


  • Banned (with Prison Access) Posts: 994 ✭✭✭carbon nanotube


    hogey143 wrote: »
    I'll make a long story short here,

    I was involved in an accident last year on a coming up to a motorway where the car in front of me broke so hard that I accidentally crashed into the back of it. Following this, the car behind me hit me in the rear.
    The car in front broke as if to stop completely and the driver gave no explanation whatsoever as to why this happened. The driver then offered me money in a way that proved their guilt and they realised they were in the wrong.
    Following this, the Gards came and took statements, etc to let the insurance company deal with us.

    Since then, I have been claimed against by the driver in front for the damage to the car (which was minimal) as well as a personal injury claim. My renewal came today and is in the region of €3000 for the year which I can't afford.

    Can anybody give me any advice, etc. as to what to do ?


    I would love of this retarded rule was abolished so that jerks who brake suddenly are liable for 100% of any damage caused.

    I would say that in most cases the fault is with the original driver.. not the one(s) who drove into him/her


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


    I would love of this retarded rule was abolished so that jerks who brake suddenly are liable for 100% of any damage caused.

    I would say that in most cases the fault is with the original driver.. not the one(s) who drove into him/her
    Spoken like a tailgater.;)


  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    CiniO wrote: »
    Maybe bit OT but what in case OP needed different kind of insurance?
    For example he wanted to switch from car to a van, but his current insurance company didn't offer van cover?
    Is he stock here, and he can't insure a van until claim is settled which sometimes might be even few years????:eek:

    Yep.


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


    I would love of this retarded rule was abolished so that jerks who brake suddenly are liable for 100% of any damage caused.

    I would say that in most cases the fault is with the original driver.. not the one(s) who drove into him/her

    I think that in most cases it's the driver in the back whose fault it is in most cases.

    But in relation to your first sentence, how would anyone prove that those "jerks who brake suddenly" had no good cause for doing so?


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


    Yep.

    For me it seems ridiculous.


  • Banned (with Prison Access) Posts: 994 ✭✭✭carbon nanotube


    Anan1 wrote: »
    Spoken like a tailgater.;)


    never rear ended anyone.

    happened to me once tho on the n7 dueler.

    only had one bad accident but that was a 91 colt with dodgey steering on a wet slippery road.

    i can suss out drivers now quite good since I have navigated roads in very busy roads in the uk as well as very busy idiots in thailand.


  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    CiniO wrote: »
    For me it seems ridiculous.

    That isn't very important in this context.


  • Registered Users, Registered Users 2 Posts: 714 ✭✭✭ValerieR


    As it has been mentioned earlier, with an open claim, no other insurance will want to even quote you OP.
    The 'rear-ending' car driver is always responsible for damages to the car in front ; the reason why the 1st car slowed down/suddenly stopped is irrelevant. The general theory is that one should always be in control of the vehicle.
    I'm think your only way is to swallow the pill and patiently wait for your NCB to build back up again. :( (If you stop driving for a while, your NCB will stay where it is now, after the accident).
    Been there, done that ... it certainly is a bummer.

    V

    PS :

    i can suss out drivers now quite good since I have navigated roads in very busy roads in the uk as well as very busy idiots in thailand.

    It can happen anyone - good or bad driver - there are no heroes on the roads ;)


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