Insurance Claim

waylander2002

I was parking in a ALdi Carpark locally, it was a rainy wet day. It parked head on and reversed slightly back gethbout a foot slowly. I am driving a lexus but the car shook with the impact of a car hitting me to the side he seemsed to be driving at speed. It was a polish national, he admitted liability immediately and said we can sort it out to together he had been looking the opposite direction. I rang the gardai and they came after 1 hr. When the gardai came I saw why he was nervous no tax or nct. He then changed his plea and said it was my fault i had reversed into him. His car was not damaged at all. I didnt expect any problems but took photos ,silly of me I didnt look for a witness and no cameras. Anyway i got his details and got my car fixed and made a claim, it took 2 months as when his insurance wrote he didnt reply to them. I just got a letter today from his insurance saying that I was reversing from the space and struck their client and I should have given way to him.
Any advice on this? how would I fight this decision? is it worth fighting?

Celeron Media

I just got a letter today from his insurance saying that I was reversing from the space and struck their client and I should have given way to him.

"Before reversing, a driver shall ensure that to so reverse would not endanger other traffic or pedestrians" (ROAD TRAFFIC (TRAFFIC AND PARKING) REGULATIONS, 1997)

Is it too late to say you were struck while driving into the parking space??

Milk & Honey

waylander2002 wrote: »

I
Any advice on this? how would I fight this decision? is it worth fighting?

Have you got an insurance broker?

Fey!

It's not fully clear to me from your post whether you were entering or leaving the parking space. If you were reversing out ot it onto the main thoroughfare then you are, IMO, at fault, regardless of what you may deem his speed to be, and also regardless of any comment he later made to you (which may, however, be contributory negligence).

If you were entering the space, then it isn't so clear.

Celeron Media wrote:

Is it too late to say you were struck while driving into the parking space??

Are you telling the OP to lie to the insurance company and make a false claim against an innocent motorists policy?

foggy_lad

Did you not see the other driver coming towards you and immediately stop reversing out of the parking space? if this was what happened then he is at fault for hitting you, but if you were reversing at all then you are at fault if he hit the back of your car.

I am not sure of the situation if he hit the side of your car.

Jimbob 83

You are at fault OP, when propelling a mechanical vehicle it is important to know whats happenning around you.

You left what happenned in the hands of someone else who was doing the same thing.

No tax no nct are all secondary and you can only drive so fast in a car park, it's almost as bad as tearing through a stop sign and expecting other people to get out of your way.

sheehan12

you are the one a fault not the polish national

Insurance Works

Get straight on to a solicitor immediately and don not take advice from anybody who is not an expert in this. I think there could be a personal injury claim logged against yourself if you are deemed to be liable.

Jimbob 83

Insurance Works wrote: »

Get straight on to a solicitor immediately and don not take advice from anybody who is not an expert in this. I think there could be a personal injury claim logged against yourself if you are deemed to be liable.

When the ambulance brakes suddenly does it hurt when you slam into it ? :pac:

MugMugs

Insurance Works wrote: »

Get straight on to a solicitor immediately and don not take advice from anybody who is not an expert in this. I think there could be a personal injury claim logged against yourself if you are deemed to be liable.

Are you an expert?

Would one not be correct in assuming that the OP would be better served passing the letter to her own insurer to deal with?

What will he Solicitor do? The Insurer will instruct a Solicitor in defence of the OP should they deem it necessary would they not?

Jimbob 83

MugMugs wrote: »

Are you an expert?

Would one not be correct in assuming that the OP would be better served passing the letter to her own insurer to deal with?

What will he Solicitor do? The Insurer will instruct a Solicitor in defence of the OP should they deem it necessary would they not?

Most policies come with the option of personal legal cover tbh, the insurance companies themselves will have legal cover as will their underwriters so as Mugs Mugs said just inform your insurance company instead of an "Expert" in wallet lightening :pac:

MugMugs

Jimbob 83 wrote: »

MugMugs wrote: »

Are you an expert?

Would one not be correct in assuming that the OP would be better served passing the letter to her own insurer to deal with?

What will he Solicitor do? The Insurer will instruct a Solicitor in defence of the OP should they deem it necessary would they not?

Most policies come with the option of personal legal cover tbh, the insurance companies themselves will have legal cover as will their underwriters so as Mugs Mugs said just inform your insurance company instead of an "Expert" in wallet lightening :pac:

Legal protection will generally cover uninsured losses such as excess etc. In this case where the OP seems to be liable ( or will invariably be declared liable ) the Insurer will cover her defence as they are obliged to. Instructing a solo Solicitor would be a waste of time and money I'm afraid.