Somebody crashed in to car, need advice.

Mar4ix

Yesterday was first day when i gave girlfriend her car back... after many hours of work get car right and get ready to NCT, as she badly needed for going to work.
Taxed and insured, but no discs to display yet ...


On crossroads green light she started move , when somebody break his red light and crashed in girlfriends car, thanks God nobody injured.

Rang to Garda, they witnessed situation, guilty side admitted his liability , change over details and that's it .

Girlfriend had to go to work (have to take two public transports to get to work - hence need a car), she took taxi, as she was bit late while talking with own insurance company.

So what is her entitlements ?

Believe that she has to get money for using taxi to work, courtesy car, until her own car will be sorted .

I have feelings that probably need to get solicitor involved, as she not feel confident when talk with insurers.

car / money wise, i believe she is entitled bring that car to dealers to get a quote for repairs (actually in my opinion car will be write off .. see pictures ) , but it is not her fault, that she is with no car, would insurance company pay dealer price for repairs ?

any advice on descent solicitor ?


thanks

ba_barabus

Glad everyone is ok that's the main thing.

Talk to insurers tbh as they will answer your questions. Don't assume they will continue to pay for taxi's etc.

I'll be straight and say that if you claim that car will be written off. You'd buy another cheaper than repairing it.

Mar4ix

ba_barabus wrote: »

Glad everyone is ok that's the main thing.

Talk to insurers tbh as they will answer your questions. Don't assume they will continue to pay for taxi's etc.

I'll be straight and say that if you claim that car will be written off. You'd buy another cheaper than repairing it.

wouldnt be get quote from dealers for repairs, get money , buy better car, scrap this one ?

bazz26

The guilty party's insurance company will want to send out their assessor to inspect the damage. Imo that car is an economical write off.

Have you informed your own insurance company of the accident?

ba_barabus

Mar4ix wrote: »

wouldnt be get quote from dealers for repairs, get money , buy better car, scrap this one ?

If your insurers (or whichever insurer deals with the claim) deem it beyond economical repair (looks to me like it needs a new wing, bonnet, bumper, grille and headlights) they will pay you it's market value and take ownership. You could buy it back from them and scrap it yourself but there is no benefit to that.

A quick look on donedeal leads me to guess it's worth somewhere between 1000-1500.

Mar4ix

Actually front top frame went, there is electrical fault, couldnt switch off lights, something with exhaust, as it sound like a tank, and while driving, feel like car is crabbing .

ba_barabus

Mar4ix wrote: »

Actually front top frame went, there is electrical fault, couldnt switch off lights, something with exhaust, as it sound like a tank, and while driving, feel like car is crabbing .

Yep that all sounds possible. Cars can look easily repairable and have much more wrong than meets the eye.

It's a write off IMHO.

For now, contact your own insurer and give them details of the other persons insurer. Tell them you'd like to claim from the other parties insurance and let it go from there.

That's what I'd do, maybe someone else would do it differently.

slimjimmc

She needs to claim against the other driver's insurance, if she doesn't have those details the Garda that attended the scene will be able to provide them to her. BTW the Garda are not witnesses to the collision unless they actually saw it happen with their own eyes, they can only confirm a collision occurred and take statements from both drivers and other witnesses.

She is entitled to claim for reasonable expenses which may include things like a taxi, temporary car hire for normal stuff, for example she wouldn't normally be able to claim for a taxi to go 50km for a nice Sunday afternoon at the beach. She is also entitled to claim for any injuries/medical expenses arising from the collision even if they don't appear until later.

There's no way she'll get dealer price for the car, she'll get the current trade value aka 'book value' which is less than the price on the dealer forecourt.

Mar4ix

Well, not after dealer price in forecourt, but report of costs ti get repaired.

Garda could be witness that guilty person admited liability whe was asked, just in case he do change his mind.

We have each other details, so afternoon will make call to his insurers.

Toyotafanboi

Mar4ix wrote: »

Well, not after dealer price in forecourt, but report of costs ti get repaired.

Garda could be witness that guilty person admited liability whe was asked, just in case he do change his mind.

We have each other details, so afternoon will make call to his insurers.

not really, you'l either get the cars market value, or the cost of the repairs, whichever is cheaper.

unless you are talking of getting a main dealer quote for repairs which you know will amount to more than the cars actual value and going to the other party with that quote and hoping they just pay up without involving insurers. then you can also sell the wreck privately too.

this could work, but it's a long shot and not very ethical.

Mar4ix

Actually it is really really sad that this car is gone, as it had only one owner since new, my work mate, seen that car every workday since new, previous owner had personal mechanic, who took care of it. Needless say car was exceptionally good condition. Real price would be way over market price.

Otherwise i wouldnt buy hynday though.

djimi

Mar4ix wrote: »

Garda could be witness that guilty person admited liability whe was asked, just in case he do change his mind.

Doesnt make a blind bit of difference what either party admitted at the scene; it wont count towards anything. The insurers will look at the evidence, possibly get an assessor to look over things and make up their own mind. They can consult with a Gardas notes to aid them in making a decision, but the Gardai have no part in apportioning blame unless they were a direct witness to the incident (ie they actually saw it happening).

Dont waste money on a solicitor for this; there is absolutely no need for one. Let your insurance company take care of it; it is what you pay them an extortionate amount of money for each year.

Henry Ford III

That's awful luck.

Admission of liability doesn't mean much as it can be denied subsequently. If the car is a w/o you'll get the value of a similar car (year, model, mileage) in a reasonable condition.

Unfortunately even if you spent more than that on it it's the replacement value that counts.

Get ready to negotiate hard. They'll low ball you initially chances are.

djimi

Mar4ix wrote: »

Actually it is really really sad that this car is gone, as it had only one owner since new, my work mate, seen that car every workday since new, previous owner had personal mechanic, who took care of it. Needless say car was exceptionally good condition. Real price would be way over market price.

Otherwise i wouldnt buy hynday though.

If its only cosmetic/insignificant damage then you could always buy it back from the insurer and have it repaired yourself.

ba_barabus

djimi wrote: »

If its only cosmetic/insignificant damage then you could always buy it back from the insurer and have it repaired yourself.

From what the OP has said above it seems like more than cosmetic damage.

Mar4ix

djimi wrote: »

If its only cosmetic/insignificant damage then you could always buy it back from the insurer and have it repaired yourself.

no thats not cosmetic,whole front went to right, corner hit,... that car is crabbing, barely can open drivers and passenger door, didnt try open rear doors yet, i assume exhaust flexi pipe snapped, as car now sound like a tank .. .

djimi

Mar4ix wrote: »

no thats not cosmetic,whole front went to right, corner hit,... that car is crabbing, barely can open drivers and passenger door, didnt try open rear doors yet, i assume exhaust flexi pipe snapped, as car now sound like a tank .. .

Ah fair enough. I had similar enough damage from a crash to the pictures you posted and the repairs ended up just being bodywork (new bonnet, bumper and front quarter panel) and a new headlight unit. It sounds like you werent so lucky.

RandomAccess

Mar4ix wrote: »

Actually it is really really sad that this car is gone, as it had only one owner since new, my work mate, seen that car every workday since new, previous owner had personal mechanic, who took care of it. Needless say car was exceptionally good condition. Real price would be way over market price.

Otherwise i wouldnt buy hynday though.

This is the crap thing about Insurance, you lose a car that you know is good and you have to buy another which perhaps is not equal to it.

A question to someone who has been in similar position before,
Is there any additional grant of damages to the innocent party?
Because it would suck to just get the bare value of the Car when you have to invest time and money to get back to where you started. Viewing new cars etc. Dealing with tax, insurance etc.

ba_barabus

RandomAccess wrote: »

A question to someone who has been in similar position before,
Is there any additional grant of damages to the innocent party?.

Not in my experience but if there is more than a months tax on the car you can claim that back through the insurer if it's scrapped.

Insurance is only there to protect against financial loss and the value of the car based on trade books will be used. It not having an NCT could greatly effect this.

aidanathome

ba_barabus wrote: »

Not in my experience but if there is more than a months tax on the car you can claim that back through the insurer if it's scrapped.

Insurance is only there to protect against financial loss and the value of the car based on trade books will be used. It not having an NCT could greatly effect this.

Yep, I never got much more than their valuation of the cars worth (not mine, sadly) and a rental car for 2(?) weeks. I didn't realize I would've been able to claim the remaining tax.

oldyouth

RandomAccess wrote: »

This is the crap thing about Insurance, you lose a car that you know is good and you have to buy another which perhaps is not equal to it.
.

And if you had a car that you know to be crap and got funds to buy a decent one?

djimi

aidanathome wrote: »

Yep, I never got much more than their valuation of the cars worth (not mine, sadly) and a rental car for 2(?) weeks. I didn't realize I would've been able to claim the remaining tax.

I thought it was a minimum of three months tax that you could claim back.

ba_barabus

djimi wrote: »

I thought it was a minimum of three months tax that you could claim back.

It could be. This website claims it to be that

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/motor_tax_and_insurance/motor_tax_rates.html

Tax discs must be surrendered immediately as refunds are generally calculated from the first of the month following the surrender of the disc. A minimum of three unexpired whole calender months must be left on the disc when surrendered.

What I recall from when my car was written off was that I could have reclaimed motor tax once there was more than a months tax and there had to be whole months remaining for me to do this. I was claiming through Axa not the motor tax office. That situation could of course be different now as that was 6 years ago.

ofcork

Would the fact that no discs were on the car have any bearing on the outcome?

challengemaster

ofcork wrote: »

Would the fact that no discs were on the car have any bearing on the outcome?

Unlikely, but she could get charged with non-display of tax and driving without NCT.