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After a road accident, how many days do the parties involved have to report it to the

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  • 21-10-2014 11:28pm
    #1
    Keef2125
    Registered Users Posts: 9 ✭


    I am wondering is there a time frame in which the driver has to report it to their insurance? Does it depend on the insurance company or are there laws governing the time frame.

    I was in a motor accident recently, another driver pulled out on front of me. I want to get everything sorted ASAP. I have reported it to Gardaí, my insurance and her insurance. But she hasn't reported it to her insurance and I am waiting for her to do it. Until then nothing is going to be done because neither insurance company will admit liability until she has reported it.

    Would really appreciate if anyone could help me out!

    Thanks!


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    #2
    visual
    Closed Accounts Posts: 3,268 ✭✭✭visual


    Not unusual for guilty party to not want to report it or even denie it.
    But that won't stop it being settled only delays it until the guilty party insurance company accepts the evidence and proceeds with or without liability being admitted


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    #3
    Keef2125
    Registered Users Posts: 9 ✭Keef2125


    do you have any idea if they have a time frame in which they have to report it?(for example 10 working days)


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    #4
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    There isn't really a time frame. Generally it should be reported within 24, or 48 hours, but there's nothing set in stone. As above, it will only delay the claim slightly. The other party doesn't have to admit liability, but it never looks good when it is not reported. You've gone about it the right way OP. If your car is not driving properly, or you need it left in for repair, take advantage of a rental car and pass the bill to the other insurance company if they don't set up a rental for you, which is what they should do. Make sure you are in good health too.


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    #5
    Keef2125
    Registered Users Posts: 9 ✭Keef2125


    It has been over a week and nothing yet. The car is being repaired. Renting one at the moment. I'm okay thankfully. Thanks I really appreciate it!


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    #6
    visual
    Closed Accounts Posts: 3,268 ✭✭✭visual


    Keef2125 wrote: »
    do you have any idea if they have a time frame in which they have to report it?(for example 10 working days)

    I know some only recently that experienced the same their own insurance company pushed the guilty party insurance company to admit liability. As the driver refused to answer the phone or respond to mail it added 2 to 3 weeks to the claim. As far as I know the other party never admitted liability but claim was settled.


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    #7
    Keef2125
    Registered Users Posts: 9 ✭Keef2125


    I was talking with the insurance today and they said if the other party doesn't get in contact with them or respond to their calls and mail, they will deny indemnity and basically wipe their hands of it. Then it becomes a personal lawsuit between me and the other party. Is this true? can they do that?


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    #8
    edburg
    Registered Users Posts: 853 ✭✭✭edburg


    How much info/pics you take on day??

    Almost same thing happened to me and my insurance at time (AA?) said they had avenue's to go down to legally get money back from other side but it would officially be a claim against me. But didnt get that far as eventually man admitted everything.

    But on day I took pics of everything, him sat in car, his details in screen etc etc


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    #9
    coylemj
    Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Keef2125 wrote: »
    I was talking with the insurance today and they said if the other party doesn't get in contact with them or respond to their calls and mail, they will deny indemnity and basically wipe their hands of it. Then it becomes a personal lawsuit between me and the other party. Is this true? can they do that?

    That's pretty much the situation, the other guy's insurance won't pay if he doesn't report it so you'll have to sue him.


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    #10
    To Elland Back
    Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    coylemj wrote: »
    That's pretty much the situation, the other guy's insurance won't pay if he doesn't report it so you'll have to sue him.

    It is quite the opposite actually. If the other party won't respond to their insurer, they have no basis to defend or contradict the plaintiff and will end up settling. The insurer can then reserve their rights and seek to recover their outlay from the policyholder. In practice, they will just cancel his policy


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    #11
    mgbgt1978
    Registered Users Posts: 4,230 ✭✭✭mgbgt1978


    Keef2125 wrote: »
    I was talking with the insurance today and they said if the other party doesn't get in contact with them or respond to their calls and mail, they will deny indemnity and basically wipe their hands of it. Then it becomes a personal lawsuit between me and the other party. Is this true? can they do that?

    Try getting a solicitor involved and see if he/she gets the same response;).
    Insurance companies love it when a 'civilian' attempts to go-it-alone....they can drag it out for months.
    Mention solicitor to one of their claims agents and they won't even talk to you anymore.


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    #12
    Keef2125
    Registered Users Posts: 9 ✭Keef2125


    edburg wrote:
    Almost same thing happened to me and my insurance at time (AA?) said they had avenue's to go down to legally get money back from other side but it would officially be a claim against me. But didnt get that far as eventually man admitted everything.


    I have pictures, and the Gardaí arrived so I'm okay in that sense.


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    #13
    Keef2125
    Registered Users Posts: 9 ✭Keef2125


    To Elland Back wrote:
    It is quite the opposite actually. If the other party won't respond to their insurer, they have no basis to defend or contradict the plaintiff and will end up settling. The insurer can then reserve their rights and seek to recover their outlay from the policyholder. In practice, they will just cancel his policy


    I have been getting very mixed feedback. Does anyone have any experience working in insurance or maybe was in the same situation where the other party didn't just refused to talk with the insurance, that could tell me?


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    #14
    Keef2125
    Registered Users Posts: 9 ✭Keef2125


    mgbgt1978 wrote:
    Try getting a solicitor involved and see if he/she gets the same response. Insurance companies love it when a 'civilian' attempts to go-it-alone....they can drag it out for months. Mention solicitor to one of their claims agents and they won't even talk to you anymore.


    I don't actually want to get a solicitor invloed because it will cost money that I don't have.... but saying it to the insurance is definitely worth a try!


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    #15
    mgbgt1978
    Registered Users Posts: 4,230 ✭✭✭mgbgt1978


    A solicitor should cost you about €100 or so for the 1st consultation and to send off a letter to the insurers. This 1st consultation cannot be added to your claim.
    He will also ensure you get the depreciation caused to your car, hire car (if necessary), etc.
    In other words you should easily recoup the money spent and get the whole thing sorted out a lot quicker.

    We were in the same situation as yourself a few years ago....the claims agent for the other person was lovely on the phone, couldn't talk enough. But always had an excuse for her company not quite ready to settle. At one stage we were even told that they couldn't settle as their customer told them not to:rolleyes:. This went on for over two months with at least 2/3 phone calls each week.
    1 week after talking to our solocitor we got our cheque;)


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    #16
    Bruthal
    Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    visual wrote: »
    Not unusual for guilty party to not want to report it or even denie it.
    But that won't stop it being settled only delays it until the guilty party insurance company accepts the evidence and proceeds with or without liability being admitted

    It's not always a certainty that guilty parties are found to be at fault.


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    #17
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    To Elland Back wrote: »
    It is quite the opposite actually. If the other party won't respond to their insurer, they have no basis to defend or contradict the plaintiff and will end up settling. The insurer can then reserve their rights and seek to recover their outlay from the policyholder. In practice, they will just cancel his policy

    This ^^^^^^

    Btdt. Have the cheque. ( arrived today :) )

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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