Car crash scenario question

KTRIC

For the purpose of this question the following scenario is hypothetical....

A person gets a replacement car whilst his / her's is in for repair from a garage. The car is involved in a serious collision and the car is written off and both occupants are injured. The person in question is 100% not at fault with witnesses to the accident.

Who's insurance do the occupants claim from for the purpose of personal injury ? and who's insurance covers the cost of the loan car from the garage ??

coylemj

What you're saying is that the other car was to blame so everyone claims from his insurance, including the garage who own the replacement car.

KTRIC

coylemj wrote: »

What you're saying is that the other car was to blame so everyone claims from his insurance, including the garage who own the replacement car.

Thats what I was thinking, thanks for confirming.

coylemj

If you have fully comp. cover and switched your insurance to the replacement car, you can probably expect the garage to pressure you to claim the value of their car off your own policy as such a claim would probably be settled relatively quickly with the intention that your insurance then claims off the other guy's insurance but I'd resist that, especially if your renewal is coming up soon.

goz83

The vehicle damage side of things is usually settled very quickly, usually within 2 weeks, so I would not expect the car garage to be claiming off the renters private car insurance policy, but rather the policy of the person who was responsible for the crash, assuming liability is accepted by the insurer quickly.

Injury claims are separate to property damage claims and are not settled together.

coylemj

goz83 wrote: »

The vehicle damage side of things is usually settled very quickly, usually within 2 weeks, so I would not expect the car garage to be claiming off the renters private car insurance policy, but rather the policy of the person who was responsible for the crash, assuming liability is accepted by the insurer quickly.

It will be settled quickly if and only if the other guy tells his insurance company that the accident was 100% his fault.

The OP simply claimed that it was the other guy's fault but getting him to admit this to his insurance company is another matter. Even if he admitted responsibility on the day, people often change their minds after getting advice from bar stool lawyers.

goz83

coylemj wrote: »

It will be settled quickly if and only if the other guy tells his insurance company that the accident was 100% his fault.

The OP simply claimed that it was the other guy's fault but getting him to admit this to his insurance company is another matter. Even if he admitted responsibility on the day, people often change their minds after getting advice from bar stool lawyers.

It doesn't even matter anymore if the person causing the accident openly admits fault. It's the insurance company who decides. That's according to the assessor who was seeing me a couple of months ago, representing the person who crashed into me and admitted fault right away. Although the insurance had already accepted liability at that stage, so there was nothing to gain by trying to deceive me. This is also the gospel according to my solicitor.

Although it's not advisable to admit fault even when clearly at fault, it's ultimately the insurance companies that decide fault.

If i was involved in an accident caused by someone else while driving a rental, i can tell you I wouldn't be bending over easily for the sake of the rental company getting a quick settlement. They could, after all, claim for revenue loss via the insurance company that admitted liability, so they would not be at a loss themselves in the end. I can't imagine it taking more than a couple of weeks unless the accident was one of many variables and questionable fault.

delta_bravo

In this case the driver is unlikely to have any cover for their own personal injuries but the passenger is covered.

greasepalm

and what if other driver had no insurance? it does happen.everybody assumes both have insurance coverage.

goz83

delta_bravo wrote: »

In this case the driver is unlikely to have any cover for their own personal injuries but the passenger is covered.

Why is that? A rental company will not allow you to use your own policy unless you are fully comp. So, the driver in the rental car would be covered for his/her own injuries if he/she had to claim from their own policy. However, the at fault motorists insurance would be claimed from in this case under normal circumstances.

greasepalm wrote: »

and what if other driver had no insurance? it does happen.everybody assumes both have insurance coverage.

The OP was talking hypothetically and asked "who's insurance", suggesting that, in the hypothetical scenario, both motorists were insured.

But if the at fault motorist was not insured, then it might be necessary for the other motorist to allow his own policy to be claimed from while a case is put to MIBI, as there were witnesses to the hypothetical accident. This is just to cover the "what if" you put forward, but as there was no mention of non-insurance, or Garda involvement, it is reasonable to assume that both parties were insured.