Minor accident, insurance or let them pay

xabi

If someone decides to crash into me and admits liability and then decide they want to pay for the damage themselves and not through insurance, what right do I have?

Can I insist they go through their insurance for repair?
If they are paying, whats a reasonable time to get it done?
Should I get a number quotes or do they have to accept my first quote?
Can I request a loan car?

The damage looks minor enough, damage to rear quater panel, wheel and bumper. I have his insurance details, do iI need to call them or is that his job?

kingtut

xabi wrote: »

If someone decides to crash into me and admits liability and then decide they want to pay for the damage themselves and not through insurance, what right do I have?

Can I insist they go through their insurance for repair?
If they are paying, whats a reasonable time to get it done?
Should I get a number quotes or do they have to accept my first quote?
Can I request a loan car?

The damage looks minor enough, damage to rear quater panel, wheel and bumper. I have his insurance details, do iI need to call them or is that his job?

Firstly I doubt he 'decided' to crash into you, it generally doesn't happen because someone wanted to crash!!

Secondly I would ALWAYS go through their insurer.

xabi

It was obviously a tongue in cheek comment. So should I contact his insurer and let them deal with it.

kingtut

xabi wrote: »

It was obviously a tongue in cheek comment. So should I contact his insurer and let them deal with it.

Dammit you got me there

Yes I personally think it is always best to deal through insurers (unless perhaps it is something minor like a wing mirror) although by going through his insurer it will at least be on his file that he had a crash (and is a risk on the roads albeit a minor one for now)

TallGlass

Even if he wants to pay you in cash and not let the insurance pay. Still follow normal guidelines, contact yoyr insurance company, report it to Garda. Its up to him to let his insurance company know he will be paying and it won't be seen as a claim so no damage to NCB. Report to Garda in case there's something illegal going on. Always best to keep a paper trail, far to many times I have read of issues after 'cash' exchanges.

back2basicsdub

This happened to me recently and we let the guy pay. Got a quote from the Audi garage and showed to him and he paid up front. It was only €500, so understandable someone wanting to pay for a minor knock instead of losing their no claims and being penalised for the next 5 years through the insurance company. If you have any doubt about them though, even just a gut feeling, then go through the insurance company.

xabi

Thanks, I think ill get 2 quotes and let him decide from there. The Guards were involved and took all the details so covered there.

kingtut

At least you have his insurance details so as the posters above me said it is up to you if you use them, important thing is that you have them

Lumpy_Custard

I was in a similar situation about a year ago. The driver in front pulled in by the left kerb, stopped and then swung into my car as I was passing - she had changed her mind, and was going for the space on the other side of the road, but never looked over her shoulder.

I parked my car in off the road, and we exchanged details. She was genuinely shaken, and seemed to be a really nice girl. She admitted liability on the spot, and said we'd put it through the insurance. Now my car's not worth a hell of a lot, but I try to keep it tip-top. We both had the same insurance company, coincidentally. I agreed and that seemed to be it.

Then her boyfriend got involved....

A mute passenger up to this point, he sprang to life and started questioning everything that happened. He strolled over to my car, and started pointing at parts of the wing and bumper, claiming the damage was there beforehand. I said that I'd never screw someone over like that, and remained composed.

The boyfriend told me to take his number, and call him with an estimate for the damage. I played along with him to avoid a scene, went home and called my insurance company straight away. I also reported the collision to the guards, in case this guy decided he was going to change the story around.

They told me that in future I should call them immediately, if only as witnesses - otherwise, it's effectively my word against his.

I suppose what I'm trying to say is: Don't assume they'll pay, even if they gave their word to.

bazz26

Initially I normally give the liable party the opportunity to cover the cost of repairs themselves. However the problem with people telling you they will pay it themselves rather than involving their insurance company is that when they get the bill, they realize that it is costing more than they expected. In most cases they then start messing you about with excuses like they know a guy who can do it for half that price or can you wait until they get paid at the end of the month, etc. Once that starts then I would deal with their insurance company directly rather than dealing with a time waster.

You can get as many quotes as you like but ultimately you the injured party, can decide where it is repaired, not the person who crashed into you.

You should also inform your own insurance company of the accident, you are not claiming but just making them aware.

To Elland Back

bazz26 wrote: »

However the problem with people telling you they will pay it themselves rather than involving their insurance company is that when they get the bill, they realize that it is costing more than they expected. In most cases they then start messing you about with excuses like they know a guy who can do it for half that price or can you wait until they get paid at the end of the month, etc. .

Exactly. Report it to his insurance company and, if he is decent, he'll admit liability. There will be no way for him to change his story when the high (realistic) estimate for repairs comes in

xabi

He has already admitted liability to the Guards and it has been noted. I got a quote today of just under 1K, be interesting what he decides when he sees it.

coffeepls

When a van went into the back of my car years ago I reported it to my insurance company. Then told me that they would keep it open till the vans insurance company paid up or the matter was sorted. They told me that they would not get involved unless I was getting zero results. The van's insurance company contacted me and paid me €1000 as my car, my link to getting everywhere, was old and the damage was worth more than it. My car was technically worth zilch even though there was nothing wrong with it.
After that pay out I contacted my insurance company & they closed the case. So yes. Contact your own insurance company anyway. No guards were involved at all. To my knowledge the guards only get involved if the initial incident is something that needed the guards - ie more than a bumped fender.

To Elland Back

xabi wrote: »

He has already admitted liability to the Guards and it has been noted. I got a quote today of just under 1K, be interesting what he decides when he sees it.

An admission of liability at the scene, while useful, is not enforceable. All parties are deemed to be 'in a state of shock' at the time

9935452

To Elland Back wrote: »

An admission of liability at the scene, while useful, is not enforceable. All parties are deemed to be 'in a state of shock' at the time

Also the insurance company tell you not to admit liability at an accident. it could invalidate your insurance if you do

Davecw

if it was me and the guy seemed genuine then go and get quotes and let him pay for the work in cash. If he refuses then go through his insurance. He might be a genuine guy just looking to keep the price of insurance down for himself and keep his no claims bonus

xabi

To Elland Back wrote: »

An admission of liability at the scene, while useful, is not enforceable. All parties are deemed to be 'in a state of shock' at the time

So let's say he decides it wasn't his fault, what happens?

doughef

An old lad reversed into me when I was sitting in my car in a car park before.
He admitted liability immediately and I just took a few photos, rang the insurance and reported it to the guards.

He said he might like to pay himself which I had no issue with.
He was a nice oul divil and I felt bad for him.

I got a quote which was about 600 quid and I dropped it up to his house.
He said thanks, next day the insurer contacted me and said he wanted to go through them,

Replacement car arrived the next day and all sorted in a week.

Nice to be nice though.

Voodoomelon

As the victim, if you choose to claim through the other parties insurance, what is the end result? Do you get a cheque in the post quick smart, based on the quote you provided to them?

To Elland Back

xabi wrote: »

So let's say he decides it wasn't his fault, what happens?

You always have the option of claiming under your own insurance and let them recover the outlay from the 3rd party's insurance. However, for that level of money, I wouldn't.

If you run in to bother, there are specialist solicitors you solely deal with pursuing a 3rd party on behalf of motorist who are not confident of tackling an insurer on their own. They bill the 3rd party for their services. If you need one, PM me and I'll give you the name of a good one

endacl

kingtut wrote: »

Dammit you got me there

Yes I personally think it is always best to deal through insurers (unless perhaps it is something minor like a wing mirror) although by going through his insurer it will at least be on his file that he had a crash (and is a risk on the roads albeit a minor one for now)

I've been the victim of a wing mirror clip. Replacement+painting+fitting came to 180. Which was apparently 'too much'. Wouldnt mind, only I spent a morning shopping around for the best price. Needless to say, all I had was a phone number that the price stopped answering.

Insurance all the way next time.

coffeepls

Voodoomelon wrote: »

As the victim, if you choose to claim through the other parties insurance, what is the end result? Do you get a cheque in the post quick smart, based on the quote you provided to them?

From my experience (6 yrs ago, so it's as best as I remember), the other guys insurance company called out to me to see my car to verify the damage (it was roadworthy, but not NCTable after the damage, massive dent), and see the garage quote. As my car was 'worthless' being 13 yrs old, he gave me two options. They would take ownership of my car as write off & give me €1000, or I could retain the car, take a cheque for €1000 and sign a doc to say the matter was closed. The damage was about €1500 to fix, and the car was the only casualty. No whiplash. I chose to retain the car & take he cheque. I ended up not fixing the dent & sold the car for scrap 6 months on.

Still slightly gutted years later. If it wasn't for that bash the car would've been ok for another year and a half more. You learn the hard way having a 'worthless' car.