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Pending car insurance claim

  • 06-02-2013 12:32am
    #1
    Registered Users, Registered Users 2 Posts: 548 ✭✭✭


    I was reversing into a car space last Summer. A young man, intoxicated of alcohol, walking on the road 'aparently' walked into my car. I didn't see the bloke but I heard a small thump. Got out, and saw the bloke on the ground and having what looked like to me, an epileptic fit.
    I called the Gardai, ambulance who arrived promptly. When the ambulance crew saw the young man on the ground, rolled their eyes and intimated to me that they 'knew' the fella.
    In my statement to the Gardai, I didn't admit liability because the ambulance crew intimated that this fella was a serial claimer. Insurance company called and after a few weeks an investigator from my company called out and I gave details (25plus).
    Some weeks later, I got a letter from yer man's solicitor who told me to accept liability etc. I sent this on to 25plus and rang my solicitor to ask for advice, along the lines that I want to contest this and go to court if needed. He said that my ins company would rather pay out instead of going to court and possibly losing and paying costs etc.
    Grand....that is untill the other day. My new insurance premium offer, which is up on the 21st of Feb, came via email. It's increased form 450 to 1000 Euro. Rang 25plus who said they have put aside 37000 Euro fo the fella to claim from and my new premium reflects that. i contacted M.I.S (really don't have a clue who these people are but I think they're claim handlers?). I was speaking to an agent there who said that the fella in question is known to them, is a serial claimer, has not submitted medical reports yet and on that basis will not be paying out. But I was told yer man has two years to claim and he could go to some sort of 'board' if he feels hard done by.
    So, I'm being punished for an accident that may or may not have happened. If it did happen and the guy has the injuries to prove it, grand, but this is a mess. Do I have any comeback?


Comments

  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Moved to Banking & Insurance & Pensions

    dudara


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭peteb2


    The insurance company has to treat it as a vaid claim and as such they will hold a reserve. Because the claims is still open if affects your no claims bonus until closed off. If it is closed off and nothing is paid out they will re-instate your no-claims bonus and will re-imburse the additional amounts you paid as a result of the loss of it.


  • Registered Users, Registered Users 2 Posts: 6,794 ✭✭✭cookie1977


    When I was involved in a crash where both of us were in dispute over who caused it AXA increased my premium at renewal (8 months after the accident and after not hearing anything concrete from the third party in at least 6 months). AXA said that the claim was open and while under Irish law a person must claim for injury within 2-3 years of the accident (not sure which), you have up to 5 years to claim for vehicular damage (strange that one). After I rang to query it they agreed at the time that it was a while since they'd heard from them and so they dropped the premium back to normal but stated if he came back and claimed the cost would be back dated.

    In the end he did come back and claim 3 months later and we went to court twice (1st time case wasn't heard). I eventually won but it took almost 2 years to sort out.


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