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Had a collision today - what next?

  • 30-04-2014 5:21pm
    #1
    Registered Users, Registered Users 2 Posts: 759 ✭✭✭


    So, my OH was in a collision today.

    My OH was going straight through a main junction and the other driver came out from a housing estate and ploughed right into the side of them.

    The other driver claimed they thought my OH had the indicator on (they didn't) and is refusing to take responsibility.

    Guards were called (the other driver was very aggressive and was the one who called the guards) however, as expected they just said to leave it up to the insurance companies to sort out.

    The others drivers car has just minimal damage to their front bumper, my car on the other hand fared a lot worse and the two side doors are completely pushed in. I'd say the front passenger door will definitely need replacing. Paint is all scratched and gouged too. Not a pretty sight.

    My OH got a call from the other drivers insurance company already - they want them to bring the car to their preferred garage for assessment - does this mean that the other drivers insurance company are admitting liability?

    Never been in this situation before, so looking for advise please as to what steps we need to take.

    We have already notified our own insurance company of the incident.

    We'll no doubt get a few quotes of our own also for the damage in addition to the place the other persons insurance company wants us to go to.

    The other drivers insurance company is Axa - what are they like to deal with?

    Thanks for any help. Appreciate it.


Comments

  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Ask your insurance what to do.

    (situation is quite clear cut...it doesn't matter a fig if the indicator was on...


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Thanks Corktina.

    Rang our own crowd earlier - Chill.ie - they said our actual insurance company should call tomorrow looking for details.

    I wouldn't mind so much only the other driver was so aggressive throughout the whole incident even though they were completely at fault.

    I presume we'll be able to claim for the cost of a hire car whilst this is ongoing? I'd say there's a good weeks work in getting our own repaired.

    Also, what's the deal with insurance pay outs - do you just get a sent a cheque to cover costs or do they pay the garage directly? Does anyone know how Axa operate? Can we claim for any devaluation this may have on our own car when it comes to trading in at a later date especially if it's obvious it's had bodywork done as the car is one owner from new, absolute mint condition, not a single scratch on her til today :(


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    AFAIK it's yes to reasonable car hire, yes to reasonable devaluation and I think yes to a cheque.
    Don't worry about the aggression, some people are like that especially when they're in the wrong. My guess is that he knows himself he shouldn't have pulled out, and even if your OH had an indicator on the other driver should have realised your OH wasn't slowing down to make a turn.


  • Registered Users, Registered Users 2 Posts: 2,462 ✭✭✭projectgtr


    Don't worry about the other driver you should have no dealings with them from here on. AXA tend to be very quick and professional I have to say, they may push their own garages on you to complete the work, but that's entirely up to you. Only down side I ever had with AXA was they were very pushy with getting the courtesy car back, I mean they gave me an hour to get it back :O


  • Registered Users, Registered Users 2 Posts: 84,707 ✭✭✭✭Atlantic Dawn
    M


    Moyglish wrote: »
    I presume we'll be able to claim for the cost of a hire car whilst this is ongoing? I'd say there's a good weeks work in getting our own repaired.

    Also, what's the deal with insurance pay outs - do you just get a sent a cheque to cover costs or do they pay the garage directly? Does anyone know how Axa operate? Can we claim for any devaluation this may have on our own car when it comes to trading in at a later date especially if it's obvious it's had bodywork done as the car is one owner from new, absolute mint condition, not a single scratch on her til today :(

    Yes they should be able to approve you a hire car, either one they sort out of if you hire an equivalent car and send them the bill. Normally insurance companies have approved repairers they use, you won't see any cheque, they will pay them directly. Depending on the age of the car if it was me and the car was less than 4 years old I would seek quotes from main dealers for the damage to see what they estimate it at.


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  • Registered Users, Registered Users 2 Posts: 901 ✭✭✭Xpro


    As above, irrespective of whether the indicators were on or not,( thats a hard one to prove, unless there was other witnesses) If you had the right of way, the other car should have waited.
    Stick to your story and don't let get bullied by other driver or his insurance.


  • Posts: 0 [Deleted User]


    Leave it up to the Insurance companies. Thats what you pay hefty premiums for every year. Try to ignore the other drivers attitude.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    As above ignore the other driver. Even if you OH did have indicators on, it wouldn't make a difference as he had right of way and the other driver should have waited. I've driven behind so many cars before going straight on for a few k/ms with an indicator on, that I always wait until a car has started turning before pulling out at a junction myself.

    Just tell your OH to get himself checked over and to take it handy. Try not stress over the car as it's only a car at the end of the day. You should be able to get a car hire for a reasonable period. Best of luck to you.


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Thanks guys, really appreciate all of your comments.

    Ah, we're not stressing about the car - tis only minor damage at the end of the day, a nuisance more than anything!

    Could have been a lot worse, so can't really complain.

    Will bring the car to the other parties preferred body work garage tomorrow - will let you know how we get on.

    Thanks again :)


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    all indicators flashing mean is that the indicators are working


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  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    You can take it to their preferred body work garage for an assessment, but that's just out of you being courteous. You're the injured party here, so it's entirely your decision where you want to get the car repaired.

    Look to get something from them to cover the devaluation of your car due to the damage. Typically, they give 10% of the repair value.


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Right, so bit of an update. Brought the car to their preferred assessor and their estimate works out to be 75% of the value of the car.

    Brought it to a main dealer later on this evening and they're going to get back to me with a quote tomorrow.

    The guy there said that generally speaking if repairs are 60% of the value of a car or over, it will be classed as a write off and he reckons in this case that the repairs will come to 75% of the value of the car.

    It's going to need two new doors, sills inside are bent and there's also damage to the front wing and back panel also. Back door isn't closing properly either, it's misaligned and there's a large gap and it's now leaking rain into the car when it's raining too.

    If the other parties insurers want to write off the car, do I have to accept this?

    I know this probably sounds like a cliche, but the car itself was in perfect nick - genuine low mileage, one owner from new, full service history with main dealers, immaculate inside and out, absolutely tip top shape - I know for a fact that if the third parties insurance company want to issue a cheque for a write off there is absolutely no way I'd be able to replace is with a car in similar condition, mileage etc.. not a chance! So, I'd really like to be able to repair the car instead of having it wrote off.

    Is there any chance of being able to fight for the price of the repairs as opposed to having it written off, as the car is perfect in every way (pre-collision anyhow!) and there's no way I'd be able to get a comparable replacement what what I'm sure the net book value price they'll place on it.

    Got speaking to our own insurance company today also - they reckon that seeing as the other insurance company asked us the bring the car to their assessor, that that's probably a good sign that they're going to accept liability. There's no way in hell we want to put it through our own insurance as it seems to be a pretty clear cut case that the other driver came from a minor road / road of lesser importance from a housing estate and drove into the side of our car which was going straight through a main road.

    Thanks again for all the replies everyone, you're all very helpful and I'm very appreciative, cheers! :)


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Ok, so another bit of an update today.

    Brought our car to a main dealer for an assessment and quote for the repairs and they're coming in at €4,500

    The third parties insurance companies, preferred garage gave a quote of €3,500.

    Rang back the first garage (who the insurance company wanted us to go to) and they've said that upon telling the insurance company that in their estimation the repairs will be €3,500, the insurance company told they they will pay up to €3000 and "not a penny more" and they also want the garage to use second hand doors and parts.

    Not to happy about hearing this to be honest. I would have thought that we should have been entitled to new doors at the least? We're not looking to screw over the insurance company, we just want to put the car back into the condition it was pre-accident.

    Insurance company themselves hasn't contacted us at all since the day of the incident, so we don't even know if the other driver has even admitted liability, it does sound as though as the insurance company are taken responsibility however.

    We'll probably get a few more quotes from other garages over the weekend, however if the insurance company won't play ball and are going to stand by their "We'll pay up to €3000 and not a penny more" where do we go from here?

    We're thinking at this stage it may just be best to get the car written off as an uneconomical repair. Can we ask the insurance company to do this if they won't agree to repairs that cost over €3000?

    Any advice at all would be really appreciated as how best to approach this situation, as it's our first time dealing with all of this. Again, we're not looking to screw over the insurance company with inflated estimates, but we would like to put the car right with a proper repair job.

    Thanks again guys :)


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    If you're not happy, then the next step is a solicitor. I'd wait until the insurance company confirms all this though.


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Thanks No Pants, to be honest I don't think we want to go down the solicitors route, we don't want to go making a mountain out of a molehill, but I guess if the insurance company don't want to play ball, then it will be one avenue to explore. Thanks.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    Moyglish wrote: »
    Thanks Corktina.

    Rang our own crowd earlier - Chill.ie - they said our actual insurance company should call tomorrow looking for details.

    I wouldn't mind so much only the other driver was so aggressive throughout the whole incident even though they were completely at fault.

    I presume we'll be able to claim for the cost of a hire car whilst this is ongoing? I'd say there's a good weeks work in getting our own repaired.

    Also, what's the deal with insurance pay outs - do you just get a sent a cheque to cover costs or do they pay the garage directly? Does anyone know how Axa operate? Can we claim for any devaluation this may have on our own car when it comes to trading in at a later date especially if it's obvious it's had bodywork done as the car is one owner from new, absolute mint condition, not a single scratch on her til today :(

    Just for that I'd drag it out as much as possible and get paid for the damage, devaluation, rental car, loss of earnings, mental trauma, "ouch my neck" and basically make a point of being a dick back at them.
    As for the insurance payout, this is completely up to up to you, OP.
    You could collect a check for the damages and not get the car fixed and spend the money on whatever you want.
    The other party has absolutely no call on what you do with the money, I know a lot of people will immediately jump in and say "I would only pay the garage directly and only for repair work carried out, nothing else!", but they don't know how this game works.

    edit:
    OP, I just read your description of the damage.
    That sounds like structural/chassis damage. I would not feel comfortable driving that car, fixed or not.


  • Registered Users, Registered Users 2 Posts: 3,772 ✭✭✭jameshayes


    did they sort you out with a hire car while your car is off the road?


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Dr.Fuzzenstein, thanks for replying. They really were were a dick at the scene (Oh look at what you've done to my car, look at all the damage YOU'VE caused, When my OH went to pick up their licence plate off the road they roared to leave it as it was a crime scene etc.. Very OTT and aggressive throughout) Tbh, we'll just be happy if the car is put back to pre-accident condition though.

    Just got a letter from their insurers today - part of it states "we are investigating the circumstances of this incident and are unable to comment on liability at this stage. We can only authorise repairs if liability has been resolved in your favour" - I presume this is merely just them covering themselves though and hopefully they're won't be any hassle with liability - as one of the garage guys stated it obvious they ran into our car with the front of their car hitting the side of ours. Can't really be anymore straight forward, can it?

    Don't think there's any structural / chassis damage thankfully, more cosmetic than anything. At least none of the assessors have stated that it would be a structural write off anyhow, only that the repairs will more than likely be an economical write off.

    JamesHayes - nope, no hire car. Haven't heard from the insurance company at all - bar the call on the day of the accident and letter today which I assume is just a formality, given us a reference number etc..

    We will need to get a hire car however as the back door is now badly misaligned and it's leaking water and we'll obviously be without the car whilst repairs are ongoing.

    Thanks again everyone. Appreciate all the advice and feedback :)


  • Registered Users, Registered Users 2 Posts: 4,792 ✭✭✭cython


    Moyglish wrote: »
    ...

    If the other parties insurers want to write off the car, do I have to accept this?

    I know this probably sounds like a cliche, but the car itself was in perfect nick - genuine low mileage, one owner from new, full service history with main dealers, immaculate inside and out, absolutely tip top shape - I know for a fact that if the third parties insurance company want to issue a cheque for a write off there is absolutely no way I'd be able to replace is with a car in similar condition, mileage etc.. not a chance! So, I'd really like to be able to repair the car instead of having it wrote off.

    Is there any chance of being able to fight for the price of the repairs as opposed to having it written off, as the car is perfect in every way (pre-collision anyhow!) and there's no way I'd be able to get a comparable replacement what what I'm sure the net book value price they'll place on it.


    ....

    I can't speak from any experience on this, but I know that if I were in your position and I genuinely felt as per the bolded parts, I would likely fight any write off settlement they might offer until they see sense. If it comes to it, then research as many examples of the same model of car in similar condition to yours pre-accident, and prove to them that the offer is inadequate. Ultimately you are the injured party here, and while I would never advocate exaggeration of claims (i.e. fraud), by the same token I believe people should receive just and adequate compensation from the insurer and if you can justify the above statement with evidence, I would say do so.


  • Registered Users, Registered Users 2 Posts: 6,867 ✭✭✭knucklehead6


    Moyglish wrote: »
    Dr.Fuzzenstein, thanks for replying. They really were were a dick at the scene (Oh look at what you've done to my car, look at all the damage YOU'VE caused, When my OH went to pick up their licence plate off the road they roared to leave it as it was a crime scene etc.. Very OTT and aggressive throughout) Tbh, we'll just be happy if the car is put back to pre-accident condition though.

    Just got a letter from their insurers today - part of it states "we are investigating the circumstances of this incident and are unable to comment on liability at this stage. We can only authorise repairs if liability has been resolved in your favour" - I presume this is merely just them covering themselves though and hopefully they're won't be any hassle with liability - as one of the garage guys stated it obvious they ran into our car with the front of their car hitting the side of ours. Can't really be anymore straight forward, can it?

    Don't think there's any structural / chassis damage thankfully, more cosmetic than anything. At least none of the assessors have stated that it would be a structural write off anyhow, only that the repairs will more than likely be an economical write off.

    JamesHayes - nope, no hire car. Haven't heard from the insurance company at all - bar the call on the day of the accident and letter today which I assume is just a formality, given us a reference number etc..

    We will need to get a hire car however as the back door is now badly misaligned and it's leaking water and we'll obviously be without the car whilst repairs are ongoing.

    Thanks again everyone. Appreciate all the advice and feedback :)


    at this stage myself i'd be going through my own insurance. You are their customer, and let them deal with the other drivers insurance company.

    It seems to me like the other drivers company are trying to use unfair pressure (€3k limit, substitute non genuine or 2nd hand parts etc.) to minimise their outlay.


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  • Registered Users, Registered Users 2 Posts: 3,772 ✭✭✭jameshayes


    at this stage myself i'd be going through my own insurance. You are their customer, and let them deal with the other drivers insurance company.

    It seems to me like the other drivers company are trying to use unfair pressure (€3k limit, substitute non genuine or 2nd hand parts etc.) to minimise their outlay.

    I think i'd be opposite, your insurers wont have the same interest in your car as you do, they wont care if they are new or 2nd hand doors etc etc.. I'd prefer to deal with it myself and know its done right..


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Moyglish wrote: »
    Guards were called (the other driver was very aggressive and was the one who called the guards) however, as expected they just said to leave it up to the insurance companies to sort out.
    The Gardai really do themselves no favours with this behaviour.


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Thanks Cython, the car really is (was) in mint condition (and I don't use the term lightly) pristine inside and out, very low mileage for the year, full main dealer service history at regular intervals, no expense spared on servicing, Always using genuine parts etc.. I know for the sum they would offer, we wouldn't never be able to get a like-for-like car with immaculate leather seating (backseats never even used) non-smokers car, all main dealer servicing, perfect bodywork etc.. Hence us not wanting to part with the car if at all possible. We'll try our best anyhow!

    Currently looking at prices of other cars the same year, but of course they have higher mileage than our own, multiple owners, not in as good condition, no service histories etc.. Will compile a list of similar cars all the same however, though I'm guessing that if it does end up being written off we'll just get the bog-standard net book value of the car.

    Even their assessor stated that we wouldn't be able to replace the car with one of similar condition for the price they would offer but of course he is keen to get the job to carry out the repairs through his own garage also :)

    Knucklehead6 - thanks for the advice. I'm not sure we want to go through our own insurance just yet, as they may end up putting the claim through our own policy, and obviously we don't want to be penalised through loss of NCB and face higher premiums in future as a result of a claim which was not our fault. Hopefully, we'll be able to deal with the third parties insurance company directly and be able to leave our own out of it. After talking to our own insurers anyhow, I got the feeling they want to wash their hands of it anyhow and let us deal direct with the other crowd, and only get back to them if we want to pursue through our own insurance. Don't want to do this though for reasons stated above.

    Not sure if we can engage the services of our insurers however to act on our behalf with the third parties insurers, as obviously they would be more au fait with the ins and outs of how insurance companies operate and may be better at applying pressure on them than we would ourselves - not sure if this is the done thing or not however or do people just deal direct with the third party insurers themselves?


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Between the missus and I we've only ever put in one claim and that was with Axa in Northern Ireland. I let my insurance know that I'd a claim in against another party and then let them know when it was closed. They offered a hire car straight away without being prompted and someone from Enterprise came to pick me up from the garage.


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Sounds like very good service from your own insurers there No Pants. Ours didn't mention getting us car hire - we'll approach the other parties insurance about the car hire first though, but if no joy there we'll definitely get on to our own about it. I presume the other insurers should cover this for us however. Not sure if the other driver has admitted liability yet (and with their attitude at the scene, I doubt they will) it should be fairly obvious however that they did the hitting and were in the wrong, so hopefully they won't drag out the issue of liability whilst they carry out their "investigations" :)


  • Registered Users, Registered Users 2 Posts: 6,867 ✭✭✭knucklehead6


    Moyglish wrote: »
    Thanks Cython, the car really is (was) in mint condition (and I don't use the term lightly) pristine inside and out, very low mileage for the year, full main dealer service history at regular intervals, no expense spared on servicing, Always using genuine parts etc.. I know for the sum they would offer, we wouldn't never be able to get a like-for-like car with immaculate leather seating (backseats never even used) non-smokers car, all main dealer servicing, perfect bodywork etc.. Hence us not wanting to part with the car if at all possible. We'll try our best anyhow!

    Currently looking at prices of other cars the same year, but of course they have higher mileage than our own, multiple owners, not in as good condition, no service histories etc.. Will compile a list of similar cars all the same however, though I'm guessing that if it does end up being written off we'll just get the bog-standard net book value of the car.

    Even their assessor stated that we wouldn't be able to replace the car with one of similar condition for the price they would offer but of course he is keen to get the job to carry out the repairs through his own garage also :)

    Knucklehead6 - thanks for the advice. I'm not sure we want to go through our own insurance just yet, as they may end up putting the claim through our own policy, and obviously we don't want to be penalised through loss of NCB and face higher premiums in future as a result of a claim which was not our fault. Hopefully, we'll be able to deal with the third parties insurance company directly and be able to leave our own out of it. After talking to our own insurers anyhow, I got the feeling they want to wash their hands of it anyhow and let us deal direct with the other crowd, and only get back to them if we want to pursue through our own insurance. Don't want to do this though for reasons stated above.

    Not sure if we can engage the services of our insurers however to act on our behalf with the third parties insurers, as obviously they would be more au fait with the ins and outs of how insurance companies operate and may be better at applying pressure on them than we would ourselves - not sure if this is the done thing or not however or do people just deal direct with the third party insurers themselves?


    I had someone bury her mini into the side of my old car on a thursday evening a few years back. I ended up having to leave my car in the local garda station that night as it was in no way secure, both passenger side windows smashed, etc... similar enough sounding damage to yours to be honest. [EDIT] THE NEXT DAY [/EDIT] I reported it to my insurance company and also to the mini drivers. She hadn't reported the accident and they told me that i WOULD NOT be able to get a hire car until she reported it and started giving me the run around saying that even if she did, it was a Friday, they couldn't guarantee that I'd have a car for the weekend, and sure wasn't mine driving fine anyway...... I rang my own company and told them to get it sorted. 4 hours later a guy from enterprise dropped off a hire car to my place of work for me and also took my car away to be repaired.

    3 days later I got a call to tell me mine was repaired and to ask did i want to drop off the hire car or would they organise to get my car to me.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Moyglish wrote: »
    Sounds like very good service from your own insurers there No Pants. Ours didn't mention getting us car hire - we'll approach the other parties insurance about the car hire first though, but if no joy there we'll definitely get on to our own about it. I presume the other insurers should cover this for us however. Not sure if the other driver has admitted liability yet (and with their attitude at the scene, I doubt they will) it should be fairly obvious however that they did the hitting and were in the wrong, so hopefully they won't drag out the issue of liability whilst they carry out their "investigations" :)
    Sorry, maybe I wasn't clear. All of the work was performed by Axa NI, the other parties insurer. I made one phone call to my insurer, filled out and returned one form and then made a second call when I got the car back. They spent €0 and did no work bar the paper variety.

    I was lucky that the incident occurred in Northern Ireland. The other party wouldn't admit liability, so I called the PSNI. They came, took a look at the scene and one said "It's pretty clear to me what has happened and that you are at fault here" (almost a direct quote). He collected the insurance details since they don't have to display anything in the windscreen and gave them to me. Here's one car can drive into a second car on a public road and the Gardai have no opinion on the matter.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    at this stage myself i'd be going through my own insurance. You are their customer, and let them deal with the other drivers insurance company.

    It seems to me like the other drivers company are trying to use unfair pressure (€3k limit, substitute non genuine or 2nd hand parts etc.) to minimise their outlay.

    I would not let go of this for one second!
    If the OP took this approach, it is possible that the other party concocted some cock and bull story to convince their insurance the OP is partially or wholly responsible.
    If that happens, OP will get their car sorted out, not being any the wiser and then being landed with a massive, fat increase in premium because their insurance might have decided to settle on a 50/50.
    Stuff as important like that can NEVER be left up to other people, that will always result in nothing but trouble.
    Trust no one and rely on no one but yourself OP!


  • Registered Users, Registered Users 2 Posts: 4,261 ✭✭✭mgbgt1978


    To be honest Op, in a case like this the other Party's insurers will drag it out for as long as possible if they only have to deal with you contacting them.
    Your own insurer will not be particularly concerned as they are not liable.
    Really your best course of action is to get a solicitor involved.
    They will contact the other insurers, arrange a court date (which it won't come to), tell you exactly what you are entitled to claim for....for about €120 or so.

    The other guy's insurers will continually fob you off unless you get a solicitor involved. Unfortunately that's just the way it works.


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  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Hi all,

    Right so it's 8 days now since the incident occurred and nothing has happened since. Haven't heard from the third party insurer despite emailing them repair quotes along with information pertaining to the collision.

    Rang them today and they're saying that their policyholder is still refusing to admit liability and whilst they've sent them forms to fill in, they haven't received them back. Their insurance company tells me they are not willing to do anything until their client admits liability or their investigation ends - which they couldn't give me any idea of how long this would take.

    So we're in limbo now with a car that is potentially unsafe to drive and that is leaking water due to misaligned doors.

    Have rang our own insurance company however it seems if we claim off our own policy and the other party digs their heels in and doesn't ever admit liability (which appears is going to be the case) then we will lose our no claims bonus, have to pay an excess, see our premiums arise etc.. all for an incident for which we are not to blame.

    Every assessor and garage we have brought our car to have stated it's quite obvious the other driver was at fault, even our own insurance company say it's quite a straight forward case and it's clear the other driver is at fault, however it seems that this is going to drag on and on.

    Is there anything else we can be doing to try and speed this up to get it resolved? We're 8 days without a car now and we're not sure how long this is going to continue for.

    Is it time to involve a solicitor at this stage? Can we claim the costs of expenses incurred i.e. solicitor costs from the third parties insurances once this is finally resolved, or will we be out of pocket if we choose to go down the legal route with solicitors fees etc..?

    Sorry for all the questions, again this is our first time ever having to deal with an insurance claim, so it's all new to us.

    Thanks once again for all the responses thus far, you've all been very helpful, really appreciate the feedback.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    lawyer-up-bitch-1379453091.JPG


  • Posts: 0 [Deleted User]


    Moyglish wrote: »
    Hi all,
    Is it time to involve a solicitor at this stage?

    Yes. A solicitor is a must. I'm surprised your insurance people didn't advise you to get one. It'll be a long drawn out process anyway. Ask Insurance people to recommend one.


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Rightio, looks like I'll be spending the weekend looking up solicitors who deal with motor insurance claims so!

    Does anyone know if we can bill the third parties insurance for the cost of solicitors expenses or will we have to bear the brunt of the cost ourselves?

    Thanks again guys.


  • Registered Users, Registered Users 2 Posts: 4,261 ✭✭✭mgbgt1978


    Hate to say it, but i told you so.....
    You will have to pay for the 1st consultation with a solicitor (and this will not be allowed as a 'claimable' expense).
    This should be around €120 or so.
    Any further solicitors costs should be allowed as part of the claim.

    The other party's insurers are giving you the run-around as expected. They do not need their client to admit liability before paying out. It's their decision, not his.
    Are you in limerick (just looking at your user name) ? If so, let me know and I will PM you the details of a very good solicitor that we have used a few times....very efficient, reasonable priced and will explain the whole process to you.


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭Moyglish


    Hi Mgbgt1978, we were hoping it would be a fairly straight forward claim and once they got the quotes they would give us the go ahead to get the repairs done, but seeing as want to drag this out I think we have no option but to get a solicitor involved as they're not playing fair (am I naive for even thinking they would in the first place?!)

    They're saying they need to wait for their own investigation to be completed before they can do anything - but they haven't given us any indication of how long this may take, or indeed if it has even begun yet.

    My OH thinks there is something in our policy with regards to "free legal" aid of sorts with one of their solicitors, so we may look into this also.

    Sorry no, we're not in Limerick. Thank you very much for your kind offer however, that's very good of you, thanks a million :)


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  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    If the other party has decided to drag the arse out of it and are forcing you to take the legal route, you might also consider the whiplash yo. Suffered along with mental trauma, loss of earnings, rental car, etc...
    I bet the other guy will drive more careful in the future and be more lively in cooperating should he have another accident.


  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    If the other party has decided to drag the arse out of it and are forcing you to take the legal route, you might also consider the whiplash yo. Suffered along with mental trauma, loss of earnings, rental car, etc...
    I bet the other guy will drive more careful in the future and be more lively in cooperating should he have another accident.

    Yes if things are moving slowly you should consider committing insurance fraud after being advised to do so on the internet. That will help.

    I jest BTW.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    Bio Mech wrote: »
    Yes if things are moving slowly you should consider committing insurance fraud after being advised to do so on the internet. That will help.

    I jest BTW.

    You need this guy:



  • Registered Users, Registered Users 2 Posts: 6,867 ✭✭✭knucklehead6


    OK, let me get this straight... Every assessor says it's patently obvious that the other driver was at fault.

    Your own insurance company say it's obvious that the other guy is at fault.

    and you are afraid to claim off your own insurance policy incase they decide he's notto blame????? :confused::confused::confused::confused:

    Claim off your own insurance. Let THEM pony up for the Lawyer. Let THEM chase the other guys company. Let THEM do what you bloody pay them for!!!

    I really don't understand your reticence in this!!


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    OK, let me get this straight... Every assessor says it's patently obvious that the other driver was at fault.

    Your own insurance company say it's obvious that the other guy is at fault.

    and you are afraid to claim off your own insurance policy incase they decide he's notto blame????? :confused::confused::confused::confused:

    Claim off your own insurance. Let THEM pony up for the Lawyer. Let THEM chase the other guys company. Let THEM do what you bloody pay them for!!!

    I really don't understand your reticence in this!!

    I absolutely do.
    What if the other guy has some cock and bull story that he somehow can pass off as the truth?
    What if the insurance companies decide it was a 50/50?
    What if the Gard gives testimony not helpful to the OP? (because they don't give a sh*te)
    The people in the insurance company do not have the same interest in solving this in favour of the OP as the OP, they may just want the easiest outcome for them.
    And that is why I wouldn't trust them as far as I could throw them.
    Because if this goes wrong, the OP will pay for the consequences for years to come.


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  • Registered Users, Registered Users 2 Posts: 1,368 ✭✭✭king_of_inismac


    I was in a similar situation a year ago. I couldn't get a hire car because the other insurance company didn't admit liability (even though the other party did at the scene).

    I got the sense that both companies were in no rush to resolve anything since while I was in a similar "limbo" to you, I wasn't costing them any money.

    I too didn't get a hire car for fear of the third party disputing liability.

    In the end, I rang their insurance and said "According to my (fictional) solicitor, I had fulfilled my legal obligation with regards supplying information, and their repeated delays were unacceptable.". I also said "if I didn't hear back from a manager within the day, I'd be asking my solicitor to begin legal action".

    I got a call that day (with the insurance company apologising and saying legal action was not required) and a letter resolving the issue the next day.


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