How long does it take insurance to sort out after......

soccercrew

My car was in a crash other day, other person same insurance company as me and at scene, other person admitted liability to the guards. Since the crash the insurance company can't get hold of the other driver to hear her side and admit liability to them.

These last few days I've 3 kids with so backs, knecks and me the same and I've still no courtesy car and all us have to walk everywhere.

I'm starting to get suspicious now that this other driver is trying to wriggle out of this somehow even thou there's 2 witnesses seen what happened.

bazz26

soccercrew wrote: »

My car was in a crash other day, other person same insurance company as me and at scene, other person admitted liability to the guards. Since the crash the insurance company can't get hold of the other driver to hear her side and admit liability to them.

These last few days I've 3 kids with so backs, knecks and me the same and I've still no courtesy car and all us have to walk everywhere.

I'm starting to get suspicious now that this other driver is trying to wriggle out of this somehow even thou there's 2 witnesses seen what happened.

First of all you need to have yourself and your children examined by a doctor.

You then need to start lighting a fire under your insurance company to stop dragging their feet. Tell them about your injuries and also mention solicitor fees, car hire charges, etc that will be adding to the cost of your claim while they dither and "look into it", etc.

It's not your problem if they cannot contact their other client but if they are still dragging their feet then best option imo is to engage a solicitor to represent you.

mgbgt1978

What Bazz said.
You will have to pay the solicitor for your initial consultation (maybe €120 or so) but everything after that is "claimable".
TBH even the stuff they will let you know you can claim for (depreciation, etc.) is worth more than the initial fee.

Insurance companies are notorious for dragging their heels when paying out, especially if you think that just phoning them every 2nd day will make a difference. The only thing that makes them pay attention is the threat of court & personal injuries.

soccercrew

bazz26 wrote: »

First of all you need to have yourself and your children examined by a doctor.

You then need to start lighting a fire under your insurance company to stop dragging their feet. Tell them about your injuries and also mention solicitor fees, car hire charges, etc that will be adding to the cost of your claim while they dither and "look into it", etc.

It's not your problem if they cannot contact their other client but if they are still dragging their feet then best option imo is to engage a solicitor to represent you.

Their still dragging their feet saying they can't get hold of the other party. They said to me on phone that I should claim of my own insurance for a curtosey car until they get in contact with the other party. They said this will not effect my NCB. Wondering should I but afraid it'll effect me.

Henry Ford III

soccercrew wrote: »

Their still dragging their feet saying they can't get hold of the other party. They said to me on phone that I should claim of my own insurance for a curtosey car until they get in contact with the other party. They said this will not effect my NCB. Wondering should I but afraid it'll effect me.

When is your renewal? If it's say 4 months or more away, and there's no issue with liabilty for the crash that's what I'd do.

mgbgt1978

They will tell you all sorts of BS over the phone unless you get a solicitor involved.
At least a solicitor can tell you what you're entitled to....and who should be paying for it.

coylemj

soccercrew wrote: »

Their still dragging their feet saying they can't get hold of the other party.

Contrary to what others have said, this is a problem for you as the insurance company will not pay out without a report from the other side.

soccercrew wrote: »

They said to me on phone that I should claim of my own insurance for a curtosey car until they get in contact with the other party.

You said in your first post that the other party was insured with the same company as you

To Elland Back

Claim under your own insurance and avail of the courtesy vehicle under your contract. They will seek to recover from the 3rd party (doesn't matter that they are with the same company, it will be dealt with impartially). When (if) they succeed, your claim record will be cleared.

browniepoints

With the kids dont mess around the need to be seen with doctors or hospitals .
Kids often are bouncy take car crashes very well as their bones are like rubber and they are small.

However there is always the small risk they are hurt more than they can explain .

Their heads are much larger than adults relative to body mass so can be sometimes be effected from whip lash worse than adults are .
A lot is dependent the speed of the event .If your car was stationary before impact that can reduce the risks a lot .

if your car was moving at some speed of 60 KPH and was involved in several collisions before stopping then its higher risks for adults and kids for not easy to detect injures many being small like bruises but others can be more .
Not being a doctor and not seeing the car crash I cant say

The compo story isn't so good

Its generally not good if the other person is with the same company as you .
Its more easy and more profitable for the insurance company to say its 50/50 fault .

If they get away with that both parties premiums go up more money for insurance company.

if they try that stunt then you cant get the insurance company to give you legal help as why would they act against themselves .

There is also a technical issue that the offending motorist for his benefit and for yours should never admit liability it was their fault . The logic is the insurance company normally fighting another insurance company need to figure out liability.

Technically if the other motorist admits liability they actually can give the insurance company an out for paying out and the driver then becomes responsible for all claims .So if the other driver has no assets the victims wont get paid .

I haven't heard it happen in Ireland but it has happened in other countries so that under contract law its might be risky to say the other driver said they admitted liability for the accident .

The Garda can only really act on car accident if there were injuries .
The Garda can do pretty well squat if the cars are wrecked as that is civil action.

If the Garda were not aware of injuries at the time of the crash they may not have kept the best of notes consistent with crash with known injuries.

I think you need to inform Garda that there were injuries so they keep their notes up to date .

The Garda might chose to serve dangerous or careless driving on the other party or worse on you or even both parties depending who they think was the culpit .

In that case its possible a judge will often decide who was wrong or right .
If the other party is convicted of dangerous or careless driving that created injuries then your sorted the compo has to come to you .

If the judge decides other wise its 80/20 then compensation will be reduced .
If the judge says 50/50 its not gonna be good .
The worst will be the judge say 100% your fault .

Also if the accident happened in a private terrain car park or garage forecourt and not on public roads the insurance companies will nearly always opt for 50/50 no matter who is right or wrong .

if its private terrain then its into civil action territory and often hard to get Garda on board on that one.

The other drivers solicitor if they are any good has probably told their client to shut their mouths let the insurance company take care of it all.
Thats not choosing to avoid liability its the standard process.
If you employ a solicitor he will probably advise you to do the same .
Putting too much info onto the public domain could jeperdise any future court case.

I dont invent the law I just seen too much of the ways victims friends family fell foul of twists of the laws .What we think of laws is often not correct and thats why solicitors make lots of money they work with the system every day and know the law is an ass

The statement of accepting liability from the other driver at scene of accident is marginal at best as people say all sorts after impacts their shaken up in shock and can say all sorts of crazy things admit to liability that isn't theirs to admit to and worse incriminate themselves even if they were in the right
Often those statements are often disregarded as suspect .

If its clear cut they rear ended you then unless they try to say you reversed into them it should sail through as standard rear end and the other party was wrong no admission of liability is probably even needed .

If its more complex you go through green light and they T bone you its possible that the lights were faulty and they went through a green light as well and then its messy .Then its prove its the councils fault and the rest that goes with that complexity

All sorts in between .

If you think the other drivers are the type to employ fake witness that says things like they saw you reversing up the road to crash into them its gonna be a dog fight .

Because the insurance company is the same as the other driver its probably best to employ your own solicitor .

As for using the insurance policy to pay for cortorsey car that might be messy if the insurance goes for 50/50 liability even if the other person rear ended you on public road. That way your premiums will go up for years and even if years later in courts you win its not for sure the insurance premium hikes will be paid back .

I know been there been rear ended gone through the mill with insurance companies got the T shirts on every dirty trick they have played .

Its nothing personnel its money the car Insurance companies want all the money for them and they are paid to not give it away too easily.
So some car insurance fight dirty and others fight less dirty

Also some drivers find if there is crack in the case they will ride it out drag out the stuff often for years .


Even if the Insurance company trys the dirty trick 50/50 you can still fight it buts it messy .If you lose the battle you pay costs .If you win they pay costs . Thats why if the other driver is some another company your company has incentive to fight your corner as they dont want a 50/50 result

if your company look like they are acting the going the 50/50 route and its clear cut they rear ended you then threaten them with the Insurance ombusdman that usually works wonders it like sticking a burning rocket up their rear end they often jump up and sort out things Rapido

Anyway hope the kids are all ok and hope it pans out most these things do as the most the insurance companies dont like to drag out cases where kids are involved
Its high risk to the insurance companies that increases the risk for bigger damages to them .

Hope it helps .Like I said people dont need the gory details of the crash or the possible injuries details as its is always best to not make too much info into the public domain .

Jed