Involved in an accident yesterday and now do not know what to do

maynooth_rules

Yesterday morning while in Dublin i was involved in an accident ( a truck tried to overtake me while i was turning right). Now the driver has accepted liability (did so at the scene and I have two witnesses) but I am quite clueless at this stage about how to continue. I had to call my own toe truck as my insurance company would put it down as a claim against me if they sent one:mad. I am driving a rental car at the minute which again my own insurance will not cover. My fist question is, how do I go about claiming those two bills from the other drivers insurance. Also after going to the doctor yesterday I have been informed I have whiplash and will not be able to work for the rest of the week (so I am out of pocked for 4 days work, I do not get paid when certified sick). Again can I claim for loss of earnings and injury and how do I go about that. I am in no way trying to exploit this but I could be a lot out of pocket for something that I was in no way at fault for.
I have an accessor from his company coming to see the car tomorrow. What should I do in that regard, should I get my local garage to give their own ball park quotation so i know what i am dealing with?
Sorry about all the questions but I have never been in a situation like this and I am a little confused. All I have learned is not to get 'fully comp' insurance with a discount insurer.

wandatowell

Get to a doctor ASAP. You might not be feeling pain now but why risk it?

McCrack

Contact a personal injury solicitor for advice.

(Do not deal with the insurer and/or the Injuries Board yourself)

JJJJNR

Usually its a good idea to engage with legal council at this stage, they will answer everything.

CiniO

I would just gather all documentation together (invoice for towing, estimate from garage to fix your car, your medical report about whiplash, your lost salary, etc) and attach it to claim letter which you will send to other party insurer.

tossy

The truck drivers insurance will cover the tow truck and rental car and any other costs or losses suffered as a result of his negligence.

maynooth_rules

wandatowell wrote: »

Get to a doctor ASAP. You might not be feeling pain now but why risk it?

I have. he said i have whiplash that will get a little worse over the next few days. have a stiff neck now. Despite being fine after the crash. Its seems to be delayed pain.

McCrack, is dealing with a solicitor essential?

maynooth_rules

tossy wrote: »

The truck drivers insurance will cover the tow truck and rental car and any other costs or losses suffered as a result of his negligence.

Thats good to know. I was worried about that.

CiniO

tossy wrote: »

The truck drivers insurance will cover the tow truck and rental car and any other costs or losses suffered as a result of his negligence.

Assuming they will share truck driver opinion that it was his fault.

McCrack

maynooth_rules wrote: »

I have. he said i have whiplash that will get a little worse over the next few days. have a stiff neck now. Despite being fine after the crash. Its seems to be delayed pain.

McCrack, is dealing with a solicitor essential?

Yes, if you dont want to get shafted by the other drivers insurance company.

Soarer

maynooth_rules wrote: »

I have. he said i have whiplash that will get a little worse over the next few days. have a stiff neck now. Despite being fine after the crash. Its seems to be delayed pain.

McCrack, is dealing with a solicitor essential?

Whiplash is a balls.

Mine didn't show up until the evening of the day after, but was with me for the guts of 2 months afterwards!

maynooth_rules

Soarer wrote: »

Whiplash is a balls.

Mine didn't show up until the evening of the day after, but was with me for the guts of 2 months afterwards!

That worries me . My girlfriend is a nurse and said the medication I have been given for it are extremly strong

djimi

Why dont you just let your insurance deal with it? It is what you pay them for after all.

RachWatch

hopefully it will work out if the other driver admitted liability. I was rear-ended with two kids in the car two years ago, driver drove off - never looked back. Got his reg. Gardai were able to track down the address but it never went anywhere. I had to pay the insurance3 excess of €250 and the insurance covered the rest. €250 is hefty to pay out when you've done nothing wrong - and also the claim impacted on my insurance in that I have to wait three years before anyone else will give me a quote.

I wish you the best with your claim Maynooth Rules!

maynooth_rules

djimi wrote: »

Why dont you just let your insurance deal with it? It is what you pay them for after all.

Because they are useless. They would not send a tow truck to me yesterday and eventually they changed their mind and said they would but it would go down as a claim from me and my no claims would be gone.

djimi

maynooth_rules wrote: »

Because they are useless. They would not send a tow truck to me yesterday and eventually they changed their mind and said they would but it would go down as a claim from me and my no claims would be gone.

None of it will impact your premium if indeed the other driver is found to be liable. At worst you might have trouble changing insurer at renewal time if the claim is still ongoing. If youre not liable then your premium, NCB etc will not be affected as your insurer will be able to recoup all costs from the other parties insurance.

If it does turn out that you are partially liable then your insurance will take a hit anyway. If it was me I would let them handle everything.

McCrack

djimi wrote: »

Why dont you just let your insurance deal with it? It is what you pay them for after all.

His insurance won't deal with it because they are not responsible for a third party causing the accident (property damage and personal injury).

The third parties insurer is responsible, the only persons that can resolve it with them is the OP or a solicitor.

Two guesses who is the better person to negotiate with them.

djimi

McCrack wrote: »

His insurance won't deal with it because they are not responsible for a third party causing the accident (property damage and personal injury).

The third parties insurer is responsible, the only persons that can resolve it with them is the OP or a solicitor.

Two guesses who is the better person to negotiate with them.

Is that not what you pay insurance for; to handle any accidents and claims that you might have? Its my understanding that they sort you out and then persue the third parties insurers to recoup the costs. Perhaps I am wrong and if I am I would like someone to clarify, because it has always been my understanding that part of the reason you pay an insurance company is so they deal with this sort of thing and you dont have to deal with solicitors or the other parties insurance directly.

McCrack

If you are claiming off a third party you are claiming off their insurance company.

If you are a driver of a car and are hit into by another driver you are claiming off that other driver's insurance company. Your own insurance company has nothing to do with it.

People should never deal with a third party insurance company themselves.

Snaggerman

djimi wrote: »

Is that not what you pay insurance for; to handle any accidents and claims that you might have? Its my understanding that they sort you out and then persue the third parties insurers to recoup the costs. Perhaps I am wrong and if I am I would like someone to clarify, because it has always been my understanding that part of the reason you pay an insurance company is so they deal with this sort of thing and you dont have to deal with solicitors or the other parties insurance directly.

Was always under that impression myself. When in an accident years ago, I only had Third Party F&T insurance and was informed by insurance company I was on my own as regards claimimg from the other guy.
Whole process was a complete nightmare, swore never again to only have TPFT. On checking with Insurer at the time they assured me if I was fully comp, that wouldn't have been the case.
Have been fully comp since then, (15 yrs) with any 'add ons' available, bonus protection, breakdown cover etc. Would hate to think I might stll land up in the op's position:(

McCrack

Snaggerman, If an accident is someone else's fault having comprehensive insurance yourself is irrelevant to getting compensation from a third party wrongdoer.

Comprehensive insurance covers a drivers own car's damage expenses caused by his/her own negligent driving.

maynooth_rules

Snaggerman wrote: »

Was always under that impression myself. When in an accident years ago, I only had Third Party F&T insurance and was informed by insurance company I was on my own as regards claimimg from the other guy.
Whole process was a complete nightmare, swore never again to only have TPFT. On checking with Insurer at the time they assured me if I was fully comp, that wouldn't have been the case.
Have been fully comp since then, (15 yrs) with any 'add ons' available, bonus protection, breakdown cover etc. Would hate to think I might stll land up in the op's position:(

Crash happened at 9.30, it was 2 by the time i got my car towed away . I really wish I had paid more attention to those add ons at the bottom. i guess you think you will never need them.

Shane Fitz

maynooth_rules wrote: »

Snaggerman wrote: »

Was always under that impression myself. When in an accident years ago, I only had Third Party F&T insurance and was informed by insurance company I was on my own as regards claimimg from the other guy.
Whole process was a complete nightmare, swore never again to only have TPFT. On checking with Insurer at the time they assured me if I was fully comp, that wouldn't have been the case.
Have been fully comp since then, (15 yrs) with any 'add ons' available, bonus protection, breakdown cover etc. Would hate to think I might stll land up in the op's position:(

Crash happened at 9.30, it was 2 by the time i got my car towed away . I really wish I had paid more attention to those add ons at the bottom. i guess you think you will never need them.

Do you have fully comp or 3rd party OP?

djimi

McCrack wrote: »

If you are claiming off a third party you are claiming off their insurance company.

If you are a driver of a car and are hit into by another driver you are claiming off that other driver's insurance company. Your own insurance company has nothing to do with it.

People should never deal with a third party insurance company themselves.

Okay, Ive done some research. You can allow your insurance to sort you out and they will then persue the other parties insurer to recoup the money paid out. It will be an open claim against you while its being sorted but once they close the claim it will not affect you in any way.

You also have the option of going to the other parties insurer directly if you so choose.

One question I would have about persuing the other party yourself is that if you end up needing the services of a solicitor can you claim these legal expenses, or is this out of your own pocket?

maynooth_rules

Shane Fitz wrote: »

Do you have fully comp or 3rd party OP?

Fully comp.

Shane Fitz

McCrack wrote: »

Snaggerman, If an accident is someone else's fault having comprehensive insurance yourself is irrelevant to getting compensation from a third party wrongdoer.

Comprehensive insurance covers a drivers own car's damage expenses caused by his/her own negligent driving.

Nonsense!!!
Comprehensive cover covers a drivers own car, regardless of fault.
You can claim for your own loss in the short term, and have your insurer pursue costs from the other parties insurer. Especially important where there are issues with liability or delays in reports etc.

Shane Fitz

djimi wrote: »

McCrack wrote: »

If you are claiming off a third party you are claiming off their insurance company.

If you are a driver of a car and are hit into by another driver you are claiming off that other driver's insurance company. Your own insurance company has nothing to do with it.

People should never deal with a third party insurance company themselves.

Okay, Ive done some research. You can allow your insurance to sort you out and they will then persue the other parties insurer to recoup the money paid out. It will be an open claim against you while its being sorted but once they close the claim it will not affect you in any way.

You also have the option of going to the other parties insurer directly if you so choose.

One question I would have about persuing the other party yourself is that if you end up needing the services of a solicitor can you claim these legal expenses, or is this out of your own pocket?

djimi pretty much sums it up for you.
You can deal with your own crowd, good idea if renewal is not due anytime soon. As djimi says tho, it's considered an open claim on YOUR policy until costs are recovered.
Or lodge a claim against his insurance. You don't need a solicitor, but is advisable,it may cost you, but if your claim is successful this would be ofset by the award

McCrack

djimi wrote: »

Okay, Ive done some research. You can allow your insurance to sort you out and they will then persue the other parties insurer to recoup the money paid out. It will be an open claim against you while its being sorted but once they close the claim it will not affect you in any way.

You also have the option of going to the other parties insurer directly if you so choose.

One question I would have about persuing the other party yourself is that if you end up needing the services of a solicitor can you claim these legal expenses, or is this out of your own pocket?

That's not correct. If you are a car driver and are injured from another car driver's negligence your own insurance company (whether you have TP or Comp) does not have any responsibility to indemnify you.

The other driver's insurance (or the MIBI if uninsured) is the only entity responsible.

McCrack

Shane Fitz wrote: »

Nonsense!!!
Comprehensive cover covers a drivers own car, regardless of fault.
You can claim for your own loss in the short term, and have your insurer pursue costs from the other parties insurer. Especially important where there are issues with liability or delays in reports etc.

Yes but if you read the OP you will see that he is not to blame for the accident.

Material damage and personal injury are not recoverable off the OP own insurance company and I have explained why above.

Chris_Heilong

When I was in an accident and it was the other parties fault I just called their insurance company and said they crashed into me, they had already admitted liability and all costs were covered.

maynooth_rules

Chris_Heilong wrote: »

When I was in an accident and it was the other parties fault I just called their insurance company and said they crashed into me, they had already admitted liability and all costs were covered.

My worry is that his insurance company will insist on getting the car fixed in a garage of their choice and it will be a rushed job. I just cant see this being a stress free experience. Basically the car is on life support, repairs might be worth more than cars value.........and it was my first drive after getting it serviced.

Shane Fitz

McCrack wrote: »

Shane Fitz wrote: »

Nonsense!!!
Comprehensive cover covers a drivers own car, regardless of fault.
You can claim for your own loss in the short term, and have your insurer pursue costs from the other parties insurer. Especially important where there are issues with liability or delays in reports etc.

Yes but if you read the OP you will see that he is not to blame for the accident.

Material damage and personal injury are not recoverable off the OP own insurance company and I have explained why above.

From direct personal experience I beg to differ, involved in an accident on M50 many years ago, AGS Zhad to be called, other driver denied liability. I had to have my car repaired quickly. I informed both insurance companies, stating that in the short term I would get my car repaired under my policy but would instruct my insurer to persue the other company subject to the report from AGS.
guess what, car fixed in a week and upon renewal it showed claim against my policy, BUT had been recovered from the other party. So premium was reduced.

djimi

McCrack wrote: »

That's not correct. If you are a car driver and are injured from another car driver's negligence your own insurance company (whether you have TP or Comp) does not have any responsibility to indemnify you.

The other driver's insurance (or the MIBI if uninsured) is the only entity responsible.

This is a quote from the AA's website (first I came across)

What if the accident was not my fault?
If you have been involved in an accident which is 100% not your fault, you may choose to claim directly from the third party or from your comprehensive motor insurance policy.

If you choose to claim from your Comprehensive car insurance policy, your insurer will then attempt to recover the loss from the negligent third party. It is important to note that until your insurer recovers the monies paid out that this will count as a claim on your policy and your no claims bonus may be affected. You will also have to pay your policy excess in this instance.

You are covered for two weeks car hire under your Drivers Legal Protection Plan, which you paid for as part of your motor insurance premium, in the event of a non fault accident. This cover applies where your vehicle is unable for use and no other vehicle is available. No cover applies where the vehicle is damaged as a result of theft, vandalism, or where the negligent party cannot be identified. Your Drivers Legal Protection Plan will allow you to recover any excess deducted in the event of a non fault claim.

http://www.aaireland.ie/AA/Insurance/Car-Insurance/Car-Insurance-Claims.aspx#Q9

McCrack

The situation the OP describes (material damage & personal injury) the only indemnifier will be the third parties insurance company.

His own insurance company will not compensate him for his personal injury suffered.

If he is going to claim for personal injury he would be best advised to tack the material damage aspect with it.

McCrack

djimi wrote: »

This is a quote from the AA's website (first I came across)



http://www.aaireland.ie/AA/Insurance/Car-Insurance/Car-Insurance-Claims.aspx#Q9

Doesn't cover personal injury

djimi

McCrack wrote: »

Doesn't cover personal injury

Where does it say that?

McCrack

djimi wrote: »

Where does it say that?

It doesn't say, but if you don't take my word call them up and ask them. In fact call any insurance company and ask them does their comprehensive policy cover the policyholder for personal injuries suffered as a consequent of another driver being at fault.

Then post back here.

djimi

maynooth_rules wrote: »

My worry is that his insurance company will insist on getting the car fixed in a garage of their choice and it will be a rushed job. I just cant see this being a stress free experience. Basically the car is on life support, repairs might be worth more than cars value.........and it was my first drive after getting it serviced.

If you go through your insurance you can get the car fixed anywhere you like. Your insurer will probably have a preferred garage who they deal with but you are not obligated to go with them.

djimi

McCrack wrote: »

It doesn't say, but if you don't take my word call them up and ask them. In fact call any insurance company and ask them does their comprehensive policy cover the policyholder for personal injuries suffered as a consequent of another driver being at fault.

Then post back here.

Ive already provided one link to disprove something you have said; why dont you go off and find a link this time to back up what you are saying?

McCrack

djimi wrote: »

Ive already provided one link to disprove something you have said; why dont you go off and find a link this time to back up what you are saying?

Are you for real?

The link is from the AA's website promoting their product!

It's not the small print i.e the actual contract.

Look I said what it is, ring them and ask them or get your own motor insurance policy out and your magnifying glass and read the thing.

maynooth_rules

Just got a call from the garage and they havent even priced a repair. They think the accesor will deem it a write off. Crushed as its the first good car I have owned and its my pride and joy

dukedalton

maynooth_rules wrote: »

Just got a call from the garage and they havent even priced a repair. They think the accesor will deem it a write off. Crushed as its the first good car I have owned and its my pride and joy

MR,

Sorry to hear your predicament.

I was in a similar situation to you a couple of years ago. I went to a crash repair garage myself before the assessor saw it and their estimate for fixing the damage was greater than the value of the car. The assessor then came out to look at the car, was then in contact with the crash repair garage, and low and behold it was deemed to be economical to repair the car.

So, what I take from my experience is the crash repair garage will quote you one (expensive) price, but when they deal with the insurer, some sort of compromise might be reached (presumably because the crash repair garage want your business).

Don't despair yet.

shane.

maynooth_rules wrote: »

I have. he said i have whiplash that will get a little worse over the next few days. have a stiff neck now. Despite being fine after the crash. Its seems to be delayed pain.

McCrack, is dealing with a solicitor essential?

its always delayed pain when you see dollar signs in your eyes.......

Tony D

Best to let the two Insurers sort it out between them.

Also, might be no harm in having a discussion with a Solicitor that you may know just to keep them in the loop as to what to do.

I would strongly advise you to let the professionals deal with it as you might get some conflicting (or inaccurate) information on the Internet.

McCrack

Tony D wrote: »

Best to let the two Insurers sort it out between them.

Also, might be no harm in having a discussion with a Solicitor that you may know just to keep them in the loop as to what to do.

I would strongly advise you to let the professionals deal with it as you might get some conflicting (or inaccurate) information on the Internet.

But the injuries suffered by the OP has nothing to do with the OP insurer because a third party caused the accident.

galwayjohn89

From my experience was rear ended and rang my insurance company and gave them the details + other drivers details. They said they'd sort it out. Next day 9am got a call from a lady saying she would oversee everything, assessor rang the same day and car rental was organised although I couldn't use it as I was 19. Turns out the insurance company gives the case over to a solicitor company but was painless and quick. Was very happy with it.

kennM

maynooth_rules wrote: »

My worry is that his insurance company will insist on getting the car fixed in a garage of their choice and it will be a rushed job. I just cant see this being a stress free experience. Basically the car is on life support, repairs might be worth more than cars value.........and it was my first drive after getting it serviced.

maynooth_rules wrote: »

Just got a call from the garage and they havent even priced a repair. They think the accesor will deem it a write off. Crushed as its the first good car I have owned and its my pride and joy

Hey maynooth_rules,

Sorry to hear about your troubles. You'll tend to get armchair "experts" chiming in and quibbling going on. I've personally gone through what you've started to go through so can talk from experience.

(1) Damage to your car
Regarding where to get it fixed... that really depends if its economically viable & the car is safe to repair... i.e. no BAD structural damage. If either of them are true then their insurance company will request that its written off.

You are entitled to dispute this, get a quote for fix from garage of your choice. You DO NOT have to get it fixed at their choice of garage. They will request it but its your choice.... as much as they'll try otherwise.

If its written off due to safety issues & you both agree its not economically viable to fix then its an argument over market value of the car. Do you research!!! Find ads for cars of same model, spec, mileage and condition so you can prove as much. Naturally they'll want to get out of it as cheap as possible.

The material damages will cover the likes of car repair/market value of replacement, toe truck, etc.

The insurance company will often settle up within a few weeks/couple of months.


(2) Personal injury/loss of earnings etc. - As pointed out already this is handled by the injuries board. So how does it work? Best advice I can give you is DO NOT rush into it. Wait for your injuries to go or for you to understand the full extent of them. You have 2 years from date of accident to file a claim with the injuries board, you should advise though that you intend on making a personal injuries claim.

They say that you can submit a personal injuries claim yourself... personally have used a solicitor so can't advise without. Process is you download the form, get treating physician/doctor to complete a medico-legal report and submit it to the injuries board including medical expenses, physio, medication, doctors visits, etc. etc. and the injuries board fee of €45 and sit tight and wait.

Injuries board writes out to other insurance company to ask if they are disputing the claim or not (This is done within a 3 month period). Once liability is accepted/not disputed the injuries board will determine if they will assess.... (in this situation it'll go through them). They have a statutory 9 month limit to come up with proposed settlement figure and if both parties agree then order to pay is made and the insurance company pay up.


Long story short... yes the process sucks. You end up out of pocket for a long time despite it not being your fault. You get the hassle and headaches and stress. Thats the process we've got.... so we just gotta live with it.

Be warned: The insurance company will likely want to negotiate personal injuries settlement as soon as possible. Wait to be 100% confident that you don't have any other ill effects and its gone away 100% before starting down any road in this regard. Of course their primary concern is getting out a claim as cheaply as possible!

maynooth_rules

kennM wrote: »

Hey maynooth_rules,

Sorry to hear about your troubles. You'll tend to get armchair "experts" chiming in and quibbling going on. I've personally gone through what you've started to go through so can talk from experience.

(1) Damage to your car
Regarding where to get it fixed... that really depends if its economically viable & the car is safe to repair... i.e. no BAD structural damage. If either of them are true then their insurance company will request that its written off.

You are entitled to dispute this, get a quote for fix from garage of your choice. You DO NOT have to get it fixed at their choice of garage. They will request it but its your choice.... as much as they'll try otherwise.

If its written off due to safety issues & you both agree its not economically viable to fix then its an argument over market value of the car. Do you research!!! Find ads for cars of same model, spec, mileage and condition so you can prove as much. Naturally they'll want to get out of it as cheap as possible.

The material damages will cover the likes of car repair/market value of replacement, toe truck, etc.

The insurance company will often settle up within a few weeks/couple of months.


(2) Personal injury/loss of earnings etc. - As pointed out already this is handled by the injuries board. So how does it work? Best advice I can give you is DO NOT rush into it. Wait for your injuries to go or for you to understand the full extent of them. You have 2 years from date of accident to file a claim with the injuries board, you should advise though that you intend on making a personal injuries claim.

They say that you can submit a personal injuries claim yourself... personally have used a solicitor so can't advise without. Process is you download the form, get treating physician/doctor to complete a medico-legal report and submit it to the injuries board including medical expenses, physio, medication, doctors visits, etc. etc. and the injuries board fee of €45 and sit tight and wait.

Injuries board writes out to other insurance company to ask if they are disputing the claim or not (This is done within a 3 month period). Once liability is accepted/not disputed the injuries board will determine if they will assess.... (in this situation it'll go through them). They have a statutory 9 month limit to come up with proposed settlement figure and if both parties agree then order to pay is made and the insurance company pay up.


Long story short... yes the process sucks. You end up out of pocket for a long time despite it not being your fault. You get the hassle and headaches and stress. Thats the process we've got.... so we just gotta live with it.

Be warned: The insurance company will likely want to negotiate personal injuries settlement as soon as possible. Wait to be 100% confident that you don't have any other ill effects and its gone away 100% before starting down any road in this regard. Of course their primary concern is getting out a claim as cheaply as possible!

Just want to say a massive thank you for taking the time to give me this message kennM. Extremely helpful and very appreciated.

Supergurrier

Get a good lawyer tbh asap and seek free advice

dukedalton

This thread reminds me of:

http://www.youtube.com/watch?v=TCUEfR8h7M0

limklad

McCrack wrote: »

Yes, if you dont want to get shafted by the other drivers insurance company.

I recommend this for both parties, even if you are the guilty party and there is injuries involved, to get the accident and deal with all the responsibility that was incurred by the accident wrapped up as quickly as possible within 2 years legally.