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Advice - Car accident

  • 02-05-2012 11:35am
    #1
    Polloloca
    Closed Accounts Posts: 684 ✭✭✭


    Hi guys.
    I am just wondering where we stand on an issue involving a (very) minor accident on a public laneway last thursday evening. The gardai were called to the scene of the accident by us as it was unclear whether or not the other car had insurance or not. It was not taxed.

    My brother was driving the car when he met the car head on, and could not stop in time. He veered in towards the ditch however hit a rock and bounced back out onto the road, clipping the back wing of the other car on the drivers side.

    When the gardai came to the accident, they recommended that it was my brother that was at fault, however, any accidents that have happened in the lane over the years have always been 50-50 as there is not enough space for two cars on the lane.

    When I said I was calling the guards, he started shouting that if the guards did come out he would demand my brother be drugs tested. My brother doesn't use drugs, so it didn't bother us whether or not they tested him. His father in law and wife appeared at the scene of the accident while waiting for the gardai to arrive and was quite threathening and intimidating. We overheard the wife telling the other party that "the insurance was late" being paid.

    Today, 6 days after the accident, my brother recieved a letter from the other parties solicitor informing him that his client has suffered personal injuries and that my brother needs to reply in 10 days and admit liability or if no reply was recieved, that would be taken as an admission of liability.

    Neither of the men were injured at the scene. They both stood out of the car laughing and joking with each other for over an hour while waiting for the guards. I know that he will probably be claiming that he has whiplash and I am just wondering, how tough are insurance companies in dealing with such claims now??

    What would you advise as the next step and is there a good chance that they will win the claim?


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Get a solicitor on to it or if you can't afford one use your local FLAC centre. You should also check to see if legal fees are covered by your insurance.

    Does sound like a 50/50 though - your brother shouldn't have been travelling so fast that he couldn't stop in time if an obstacle appeared. Now I'm sure he was under the speed limit (not that it matters) and was being a very good driver. The other side is going to say exactly the same thing; it's your word against theirs. I asume that might actually the best solution as he would be responsible for his own injury?

    DO NOT ADMIT anything until you have sought legal advice.


  • #3
    jargon buster
    Registered Users, Registered Users 2 Posts: 267 ✭✭jargon buster


    If the car wasnt taxed then they have no valid insurance either as they are driving illegally.


  • #4
    Polloloca
    Closed Accounts Posts: 684 ✭✭✭Polloloca


    We admitted nothing, neither at the scene of the accident nor are we planning to do so now. I am not going to lie to you, my brother was going far too fast for the road that we were travelling on, however, the other car was going fast enough also, so its a pair of 6's as far as Im concerned.

    Its just that if he was genuinely hurt or injured, I would understand, but there was nothing wrong with him. Its ridiculous that we are all so fond of chasing after free money. Like I said, he had damage done to the back wing, and a flat tyre. It wasn't as if he was rear ended or ploughed into head on. The force from the collision did not move the car off the road/into the ditch.


  • #5
    Polloloca
    Closed Accounts Posts: 684 ✭✭✭Polloloca


    jargon buster wrote: »
    If the car wasnt taxed then they have no valid insurance either as they are driving illegally.
    Really? Is this true?


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Polloloca wrote: »
    We admitted nothing, neither at the scene of the accident nor are we planning to do so now. I am not going to lie to you, my brother was going far too fast for the road that we were travelling on, however, the other car was going fast enough also, so its a pair of 6's as far as Im concerned.

    Its just that if he was genuinely hurt or injured, I would understand, but there was nothing wrong with him. Its ridiculous that we are all so fond of chasing after free money. Like I said, he had damage done to the back wing, and a flat tyre. It wasn't as if he was rear ended or ploughed into head on. The force from the collision did not move the car off the road/into the ditch.

    That comment is exactly the kind to be avoided until you've sought legal advice. I doubt it will matter if the other party was insured or not, if they show you caused them personal injury.


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    jargon buster wrote: »
    If the car wasnt taxed then they have no valid insurance either as they are driving illegally.

    No this is not correct, an Insurance company can not revoke cover like that.


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    GCDLawstudent wrote: »
    Get a solicitor on to it or if you can't afford one use your local FLAC centre. You should also check to see if legal fees are covered by your insurance.

    Does sound like a 50/50 though - your brother shouldn't have been travelling so fast that he couldn't stop in time if an obstacle appeared. Now I'm sure he was under the speed limit (not that it matters) and was being a very good driver. The other side is going to say exactly the same thing; it's your word against theirs. I asume that might actually the best solution as he would be responsible for his own injury?

    DO NOT ADMIT anything until you have sought legal advice.

    The matter is of course covered by his own insurance, the OP's brother should send the letter straight to his own insurance company and let them deal with it.


  • #9
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Sorry a bit OT but when they offer the €50 extra for legal fees when you buy insurance what are they talking about? Only posting it here as it may be useful to the OP if the compnay say - "didn't buy the extra cover lad!"


  • #10
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    ResearchWill wrote: »
    The matter is of course covered by his own insurance, the OP's brother should send the letter straight to his own insurance company and let them deal with it.
    Exactly right this is why you pay them.


  • #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    GCDLawstudent wrote: »
    Sorry a bit OT but when they offer the €50 extra for legal fees when you buy insurance what are they talking about? Only posting it here as it may be useful to the OP if the compnay say - "didn't buy the extra cover lad!"


    I did come across a cse where a "legal Costs Protection" was part of the policy, that covered the insured if he took an action that he later lost and covered the costs he would have to pay to the Defendant.

    It may also as in this policy http://www.simplyinsure.ie/cheap-motor-legal-protection/ cover for matters not usually covered by the ordinary insurance policy.


    But in any case if a driver is insured for the negligent use of their car the insurance company take over the matter from the start.


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  • #12
    Polloloca
    Closed Accounts Posts: 684 ✭✭✭Polloloca


    He has contacted his insurer and they have asked him to send them a letter with some details on it, which is exactly what he has done. we're just worried about the outcome, I guess. He's no more "injured" than we are, fraudster. I would not begrudge him compensation if he had been hurt.


  • #13
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Polloloca wrote: »
    He has contacted his insurer and they have asked him to send them a letter with some details on it, which is exactly what he has done. we're just worried about the outcome, I guess. He's no more "injured" than we are, fraudster. I would not begrudge him compensation if he had been hurt.

    The outcome will now be decided by the insurance company or PIAB or a court. Any award and costs will now if awarded be payed by the insurance company. Best thing is put matter behind you and leave it to the insurance company to deal with.


  • #14
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Okay I promised myself I'd stop posting anecdotes etc. but I'll share this one as it's sort of relevant.

    My in-laws live in the UK (Irish Born) and travel over to Kerry via Ferry. Some local Kerry Scumbag saw my father in-law's reg and decided to make a claim that he had "run over his foot" on a street in Tralee.

    The UK based insurer said there is not point in fighting it - you'll loose the locals always win. My mother in-law being from Kerry, insisted that it be fought and said she and her husband would travel at their own expense the the court dates if needed.

    The local Judge (District or Circuit I'm not sure) made very short work of the Plaintiffs and even awarded costs against them as they had been in another case before and have been given the benefit of the doubt and won.

    Sounds like (and this is pure speculation) that your 'friends' are a very similar bunch given the speed at which you got a letter. The difference of course is that yours seems to have a measure of fault on your side and you may be in a bigger community than Kerry where the word tends to get around.

    Either way I wish you luck.

    EDIT: The above rattled on for years so RW advice as I'm sure you can tell is much better than mine. Let it go its in the big universe of insurance. Think of it as getting some value for the thousands you've paid over the years.


  • #15
    chops018
    Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    Let the insurance companies handle it, that's what you pay them for. It will most likely be settled outside of court by them. One thing I will say, always get No Claims Protection, an extra 100 quid or so but it really is worth it for these little accidents etc. Don't let it worry you, it could have been worse, no one was injured (badly anyway) and that is the main thing.


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