Hit by car, how do I proceed?

standemancini

I was stationary at the lights of Herbert Park/Morehampton Road back in August last year and a Q7 went into the back of me. I tried to be reasonable with the lady driver and said I would get a couple of quotes and get back to her.

This I did, and even generously offered to split the lowest quote as it was only minor damage. Unfortunately, she started to question the quotes (€450) and also my integrity so I said maybe we should just put it through the insurance. The following day she texted and agreed to split the lowest quote but by that time I had already informed my insurance company (Tesco/RSA).

The damage was fixed and RSA paid the amount minus my excess. I assumed that RSA would chase the other drivers insurance company and I would eventually get the excess (€150) back as well (as it was a rear shunt so no question of liability).

Now, nearly 6 months since the accident, the matter is still not resolved. The other driver did not submit a completed claim form until earlier this month and have also incredulously denied liability. RSA have been less than useless throughout the entire claim (which is the main reason why it has dragged on so much).

RSA have now indicated that it is not in their interests to pursue the other driver as it is uneconomical. This means that not only am I €150 out of pocket but also now have an 'at fault' claim on my record. All because a silly woman went into the back of me and RSA can't be bothered to do anything about it.

My next step will be the small claims court. Quick question - is it the other driver or their insurance company that I pursue via this method?

biko

Since your post didn't update the other thread with any new info I have moved it to its own thread.

Moomat

Why did you offer to split it if it wasn't your fault?

I think you may be better with the Ombudsman rather than the small claims court.. https://financialombudsman.ie/

Supergurrier

You weren't at fault so claim on her insurance.

Simple really

brembo26

Unfortunately I cant help you with this on but surely some complaint can be made to some regulator about how incompetent the RSA were in this situation?

seagull

Next time round, make sure you take her insurance details, and claim against her policy not your own. Is it too late to get onto her insurers?

standemancini

Moomat wrote: »

Why did you offer to split it if it wasn't your fault?

I think you may be better with the Ombudsman rather than the small claims court.. https://financialombudsman.ie/

I offered to split because the damage was minor and I could have lived with it but wanted some recompense if I decided to to do anything about the damage down the line. I also felt that these things happen and didn't want to take the Michael.

Can I ask you to elaborate on why you feel the ombudsman would be better than the small claims court? I had considered the former but understood that they just dealt with issues such as whether the insurances companies are abiding by the rules, and not to sort out individual claims (such as ascertaining liability).

Thanks.

standemancini

seagull wrote: »

Next time round, make sure you take her insurance details, and claim against her policy not your own. Is it too late to get onto her insurers?

I did get her insurance details and was given the option by RSA of letting them deal with it or pursuing it myself.

I chose RSA as I thought they would have more clout. Seems I was wrong.

Not sure if it is too late to get onto her insurers, seeing as RSA have already paid out.

Does anyone know if this is an option?

standemancini

Supergurrier wrote: »

You weren't at fault so claim on her insurance.

Simple really

Yes, I thought it would be simple and that is why I let my insurance company deal with it.

Do you feel that I can still claim on her insurance seeing as RSA have paid out on my policy?

Thanks

Supergurrier

standemancini wrote: »

Yes, I thought it would be simple and that is why I let my insurance company deal with it.

Do you feel that I can still claim on her insurance seeing as RSA have paid out on my policy?

Thanks

Doubt it as no doubt she preempted you all you can do is contest it or appeal the original claim

standemancini

Supergurrier wrote: »

Doubt it as no doubt she preempted you all you can do is contest it or appeal the original claim

My insurance company have stated it is not in their interests to pursue this so, in order to contest the fact she is denying liability, I assume my only option is the small claims court and/or the ombudsman.

djimi

standemancini wrote: »

Can I ask you to elaborate on why you feel the ombudsman would be better than the small claims court? I had considered the former but understood that they just dealt with issues such as whether the insurances companies are abiding by the rules, and not to sort out individual claims (such as ascertaining liability).

Thanks.

Ombudsman is there to investigate bad practice from financial organizations (such as insurance companies). RSA are taking the piss here quite frankly; it doesnt matter a jot whether they feel its worth their while investigating, its what you pay them to do. I would have the ombudsman all over them for this.

I dont think that the SCC would get involved with this tbh.

jinkybhoy

standemancini wrote: »

My insurance company have stated it is not in their interests to pursue this so, in order to contest that fact she is denying liability, I assume my only option is the small claims court and/or the ombudsman.

It's a rear end accident (assuming it is) - RSA should be 100% confident of recovering any money and costs from other insurer. I wouldn't accept that from RSA - I would go back to them.

Moomat

standemancini wrote: »

I offered to split because the damage was minor and I could have lived with it but wanted some recompense if I decided to to do anything about the damage down the line. I also felt that these things happen and didn't want to take the Michael.

Can I ask you to elaborate on why you feel the ombudsman would be better than the small claims court? I had considered the former but understood that they just dealt with issues such as whether the insurances companies are abiding by the rules, and not to sort out individual claims (such as ascertaining liability).

Thanks.

That's very fair of you and it's a pity the fairness wasn't reciprocated.

I thought this would've been exactly what the ombudsman would investigate if you are having no joy. I'd imagine the small claims court would cover damage where there was no insurance in place.

standemancini

Moomat wrote: »

That's very fair of you and it's a pity the fairness wasn't reciprocated.

I thought this would've been exactly what the ombudsman would investigate if you are having no joy. I'd imagine the small claims court would cover damage where there was no insurance in place.

Thanks, I have just submitted a complaint to the ombudsman so we shall wait and see.

standemancini

jinkybhoy wrote: »

It's a rear end accident (assuming it is) - RSA should be 100% confident of recovering any money and costs from other insurer. I wouldn't accept that from RSA - I would go back to them.

Yes, a rear end accident. I also sent RSA text transcripts, between myself and the other driver, where she states "I am more than happy to pay for any damage that my car did but I would like an independent assessor to look at it before I pay if you don't mind". This was when I decided to put it through the insurance.

So, yes, you would have thought it was cut and dry but RSA just can't be bothered it would seem. Believe me, I have been pestering them relentlessly to get it sorted but it is just falling on deaf ears.

Will definately not be renewing my policy with them. Worst experience in 27 years of driving (claim free).

jinkybhoy

standemancini wrote: »

Yes, a rear end accident. I also sent RSA text transcripts, between myself and the other driver, where she states "I am more than happy to pay for any damage that my car did but I would like an independent assessor to look at it before I pay if you don't mind". This was when I decided to put it through the insurance.

So, yes, you would have thought it was cut and dry but RSA just can't be bothered it would seem. Believe me, I have been pestering them relentlessly to get it sorted but it is just falling on deaf ears.

Will definately not be renewing my policy with them. Worst experience in 27 years of driving (claim free).

Problem with that is that if RSA don't try and recover the money - it's your no claims bonus that is effected, which will makes it more difficult for you to move away from them. Most companies won't quote if a claim has been made in the last 3 years.

Also, not sure what type of motor policy you have, but you may lose all your bonus if you do not have some kind of bonus protection on it.

standemancini

jinkybhoy wrote: »

Problem with that is that if RSA don't try and recover the money - it's your no claims bonus that is effected, which will makes it more difficult for you to move away from them. Most companies won't quote if a claim has been made in the last 3 years.

Also, not sure what type of motor policy you have, but you may lose all your bonus if you do not have some kind of bonus protection on it.

Exactly, which is why I am so frustrated with them (as I do not want an 'at fault' claim on my policy). If they don't pursue other driver, and the accident is recorded as my fault, I either have to stay with Tesco/RSA (as I can have up to 2 claims in 3 years without affecting my NCB) or go with another insurance company. If the latter, I will lose a percentage of my NCB. It seems RSA have me by the short and curly's.

jinkybhoy

standemancini wrote: »

Exactly, which is why I am so frustrated with them (as I do not want an 'at fault' claim on my policy). If they don't pursue other driver, and the accident is recorded as my fault, I either have to stay with Tesco/RSA (as I can have up to 2 claims in 3 years without affecting my NCB) or go with another insurance company. If the latter, I will lose a percentage of my NCB. It seems RSA have me by the short and curly's.

Ombudsman seems to be your only course of action - ridiculous attitude from RSA from what you have posted.