Crash victim

mcsean2163

Hello Everybody,

I was in a car crash at the weekend.

The other driver admitted liability and there were multiple witnesses. It appears to be an open and shut case.

My insurance is third party fire and theft, which means that my insurer does not supply a temporary replacement car.

It's Tuesday now and I have no replacement car.

Does anyone know if the other insurer is obliged to provide a car when the customer is liable?

Also, if the car is a write off are the other insurers obliged to pay the car value on my insurance or do they go around looking for the cheapest price on the web for a similar model as another forum member seemed to suggest?

Thanks,
S

L1011

The other insurers will pay only the value they determine for the car - although you can fight this. The value on your insurance isn't of any consequence in this case as you're not claiming on it (although if you were claiming on your own and the insurer valued your car at *more* than what you'd said, you'd get what you said and no more).

I'm not sure on the actual legalities of the hire car but in every case where I know of someone who's been left car-less in similar circumstances the liable insurer has paid for it. Although the one I got from Zurich was hilarious - they tried to match the size and spec and ended up giving me a Micra Sport+ that I could barely drive but had A/C and part leather interior.

shooter88

Yea other ins company should provide car..you sjold not be put out because of their mistake

Sobanek

mcsean2163 wrote: »

Also, if the car is a write off are the other insurers obliged to pay the car value on my insurance or do they go around looking for the cheapest price on the web for a similar model as another forum member seemed to suggest?

Thanks,
S

It depends. AXA for example will pay the average selling price, so if let's say the average price for a 2006 Golf 1.4 is 5000, they're not going to give you 3500, just because one or two of them cost that much.

mcsean2163

Thanks a lot for the replies!

The insurance company said they will give me a car rental, they wouldn't commit to a date when they would supply the rental but hopefully it will be before the end on 2013.

It's a strange position as I couldn't find a simple leaflet listing a crash victims entitlements.

e.g.

1. Entitled to all repairs to get the car back to be at least as good as it was before the crash.
2. In the case where a car is structurally damaged, the victim will be entitled to the price of a similar car. The car price will be determined by state body X.
3. The victim will be compensated for goods that were in their vehicle and destroyed during the crash up to a maximum value of X.

Actually, it's not strange at all. It our land, Ireland.

CiniO

OSI wrote: »

Not a hope.

Are you for real?
If I'm carrying something valuable in my vehicle (f.e. few high-tech computer servers worth 10 grand) and someone crashes into me destroying my car and those computers, are you trying to tell me that I won't get compensated for the loss.

That doesn't make sense.

JJJJNR

You have to have type 2 ins for that to cover costs I think.

CiniO

JJJJNR wrote: »

You have to have type 2 ins for that to cover costs I think.

I'm talking about situation where someone else caused the accident.
It's not my fault, so I don't need any insurance to be compensated.
It's thrid party insurer which will have to cover all the costs.

FR85

OP be careful here when it comes to car value. I was in a tip in April, I was told that my car was being wrote off and they offered me €x amount, my car is a bit of a one off so I went online, found a similar car in the UK with similar milage, same year and spec and then got a VRT quote, they were off by €3.5k approx. As far as I know, you are entitled to a replacement car instead of the money and I got away with this argument. It just so happened that they would have to buy it in the UK, pay the VRT, boats and then get the clocks changed from miles to kms.......
In the end I settled for getting my car repaired which was a bumper, alloy, wishbone, paint and subframe.

Jimdagym

CiniO wrote: »

I'm talking about situation where someone else caused the accident.
It's not my fault, so I don't need any insurance to be compensated.
It's thrid party insurer which will have to cover all the costs.

If you were driving the servers around for work and only had social, domestic & etc insurance you could find yourself in trouble with your own insurance.

MugMugs

Jimdagym wrote: »

If you were driving the servers around for work and only had social, domestic & etc insurance you could find yourself in trouble with your own insurance.

But that has no relevance to the third party insurer.

If you had the Mona Lisa in the boot and their Insured damaged it by milling the back of your car then you're entitled up to the limit of the third party policy irrespective of why you had it there as long as you were meant to.

Yakuza

^^ I wouldn't be too sure about that. I could well imagine that if both cars were insured by the same company, I'd say you'd have a battle on your hands to get compensated for something that wasn't insured by your own policy.

rocky

Even if you were uninsured, you can claim from the other party's insurance, are you saying you can't?

MugMugs

Yakuza wrote: »

^^ I wouldn't be too sure about that. I could well imagine that if both cars were insured by the same company, I'd say you'd have a battle on your hands to get compensated for something that wasn't insured by your own policy.

If you're not liable and suffer loss you're entitled to be compensated for that loss.

Jimdagym

MugMugs wrote: »

But that has no relevance to the third party insurer.

If you had the Mona Lisa in the boot and their Insured damaged it by milling the back of your car then you're entitled up to the limit of the third party policy irrespective of why you had it there as long as you were meant to.

Yeah, I wasn't talking in terms of the claim, it was an aside.