making a third party claim on someone elses insurance

Kenny DNK

Hi

Ive had to make a claim for damages to my car due to an accident that was not my fault.

Ive been looking for the insurance regulation guidlines on this and finding it very hard to find anything for third party claimers, like what I can claim for and how payment should be made etc

Thanks for any help

mullingar

You claim of the person that caused the damage. You can only claim for the repair costs to return your vehicle into the pre-accident condition, nothing else, except for a bit of expenses eg car rental.

Ring the other persons insurance company and start the process of lodging a claim

MugMugs

Insurance is built on the principle of returning you to the same financial position that you were in before the insured event occurred.

If your vehicle is damaged then you're entitled to repair / replacement, whichever is more appropriate.

If you suffer any other personal loss, be it injury, death, or the loss of personal possessions then you can claim for these / this also.

Uninsured losses like car hire and doctors visits should also be covered.

Being honest, if you're really uncertain you may want to think about hiring a Loss Assessor.

mgbgt1978

You are also entitled to claim for depreciation, a car that has been crashed and repaired is worth less than one that hasn't.
This figure is usually a percentage of the repair cost agreed.
You will probably find that the other driver's insurer will be very, very slow to pay out if they just have to deal with yourself.
If so, get yourself a solicitor. They will bang off a letter with a provisional court date to the insurers for around €120 or so.
Although you cannot claim for this initial letter it should get you paid....the solicitor can also ensure that you get the cheque, rather than the insurer insisting that they will only pay "their selected repairer" (and the amount for depreciation should easily cover the solicitor's fee).

ThreeLineWhip

I agree, solicitor all the way. You will only be frustrated and fobbed off by dealing with them direct.

MugMugs

mgbgt1978 wrote: »

(and the amount for depreciation should easily cover the solicitor's fee).

The Third Party Insurer will generally pay the Solicitors costs anyway.

mgbgt1978

MugMugs wrote: »

The Third Party Insurer will generally pay the Solicitors costs anyway.

Only if it goes to court . If they pay out after just one letter then the solicitor's fee for that letter will not be covered .

MugMugs

mgbgt1978 wrote: »

Only if it goes to court . If they pay out after just one letter then the solicitor's fee for that letter will not be covered .

Any Solicitor worth his salt will ensure that he's paid and not by the client if at all possible.

goz83

MugMugs wrote: »

Any Solicitor worth his salt will ensure that he's paid and not by the client if at all possible.

Appropriate description for a solicitor me thinks They really like to rub it in.

Wheelnut

If you have comprehensive insurance you should claim off your own policy. Your insurer will then seek to recover the money from the other insurer. If they succeed your no claims bonus will not be effected. This will have the added advantage that you will not have to engage your own solicitor. (That's what comprehensive is for!)

ThreeLineWhip

There is no guarantee that your insurance will even bother to recover. If they don't bother there is not a lot you can do.

coylemj

No response back yet from the OP. What's the bets the other guy denies liability even though the OP says it wasn't his fault?

I've lost count of the number of threads here about accidents where the other guy admitted liability on the spot and then did an about-turn after discussing it with friends, usually on a high stool!

Stereomaniac

There was a time where I tipped into someone in a car park and I accepted full responsibility. However, in recent years I have thought about it when I've been in the same location and thought, maybe I wasn't in the wrong. We didn't involve insurance companies then.

ThreeLineWhip

Liability admitted at the roadside can be overturned easily enough so hardly any weight would be applied to such admissions. Shock can do weird things.

coylemj

ThreeLineWhip wrote: »

Liability admitted at the roadside can be overturned easily enough so hardly any weight would be applied to such admissions. Shock can do weird things.

Fear of the other guy calling the cops when you don't have any insurance typically leads to an on the spot admission of liability only to be withdrawn later.

ThreeLineWhip

1 month later normally.

mgbgt1978

MugMugs wrote: »

Any Solicitor worth his salt will ensure that he's paid and not by the client if at all possible.

Any Solicitor worth his salt will explain to their client that he/she cannot legally claim the fee from the other driver's insurer for the original letter.
Which is why I mentioned depreciation, the OP would easily recoup this fee by also claiming for depreciation .

MugMugs

ThreeLineWhip wrote: »

There is no guarantee that your insurance will even bother to recover. If they don't bother there is not a lot you can do.

Make a formal complaint, escalate to the ombudsman and insist that despite you not being liable (subject to a liability call being made in your favour) that the Insurer failed to take action to subrogate and you are suffering as a result. Insist on the reinstatement of your ncb and reduction of claims loading on your policy?