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Offer refused, where do I stand

  • 10-08-2015 11:01pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    Hi

    I have a query, I damaged my neighbours fence the last day, damage isn't to bad it's an agricultural fence one concrete post is broke, I offered to repair the fence back to the way it was but he is refusing because he wants the whole fence fixed even though the only damage is done to that post, and my car car cost 300 to fix so not worth going through the insurance, fence will cost me 100 to fix but he won't let me fix it

    My question is since I offered to repair and he refused am I still liable for the fence, he wants to get in one of his friends to fix it and charge me an arm and a leg where I am more than capable of repairing it at a lower cost to myself


Comments

  • Registered Users, Registered Users 2 Posts: 22,438 ✭✭✭✭endacl


    His fence, he decides. Your insurance pays if you won't.


  • Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Have you taken pics of the damaged fence. I would immediately if you havent


  • Registered Users, Registered Users 2 Posts: 8 Padji88


    endacl wrote: »
    His fence, he decides. Your insurance pays if you won't.

    Thanks but surly he can't claim for damage I didn't cause i have all documented and pictures off damage, I put up fences for a living, I think he is being unreasonable and I'm not going through my insurance surly they won't pay out


  • Registered Users, Registered Users 2 Posts: 5,875 ✭✭✭Foxhole Norman


    Padji88 wrote: »
    Thanks but surly he can't claim for damage I didn't cause i have all documented and pictures off damage, I put up fences for a living, I think he is being unreasonable and I'm not going through my insurance surly they won't pay out

    He's entitled to get it fixed his way. If you only want him to get what is owed to him get insurance involved and get an Assessor. He can always get your insurance involved even if you don't want to.


  • Registered Users, Registered Users 2 Posts: 8 Padji88


    newacc2015 wrote: »
    Have you taken pics of the damaged fence. I would immediately if you havent

    Yeah I have pics of that, his fence gets hit a lot and he wants it improves better than was before, he threatening court but there is no proof i actually hit it just his word against mine


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  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    There will be proof tho, such as the evidence you have plus the damage to your car...


  • Registered Users, Registered Users 2 Posts: 22,438 ✭✭✭✭endacl


    Padji88 wrote: »
    My cars already repaired, couldn't I just deny it seeing he has no proof my car hit it and no proof my car was damaged

    He has this thread.

    :)


  • Registered Users, Registered Users 2 Posts: 29,532 ✭✭✭✭Quazzie


    Padji88 wrote: »
    My cars already repaired, couldn't I just deny it seeing he has no proof my car hit it and no proof my car was damaged

    So your asking us if it's ok to commit fraud??

    Good luck with that.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    Padji88 wrote: »
    My cars already repaired, couldn't I just deny it seeing he has no proof my car hit it and no proof my car was damaged

    No cos you posted about it on the Internet


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    AFAIK, your only obligation is to repair it to pre-accident condition.


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  • Registered Users, Registered Users 2 Posts: 22,438 ✭✭✭✭endacl


    mullingar wrote: »
    AFAIK, your only obligation is to repair it to pre-accident condition.

    True. But the wall owner gets to decide how that repair is carried out.


  • Registered Users, Registered Users 2 Posts: 8 Padji88


    endacl wrote: »
    True. But the wall owner gets to decide how that repair is carried out.

    But what if is price is unreasonable and he gets in different improved fence?


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Padji88 wrote: »
    But what if is price is unreasonable and he gets in different improved fence?

    Unreasonable compared to you doing a diy job?

    That's not unreasonable tbh, he's entitled to get quotes and apply to your insurance to be compensated for the damage you've caused.


  • Registered Users, Registered Users 2 Posts: 4,634 ✭✭✭Aint Eazy Being Cheezy


    If you can't agree on a settlement, he'll get your insurance company involved, and he'll make a claim. An assessor will be sent out. They'll ask you your side of the story. You can back that up with any evidence you've got, so show them the damage on your car plus the photographs.

    The insurance company are no mugs, they won't pay out to rebuild a wall fence if you only hit one pillar, assuming the damage is as you say it is.

    After the claim is settled, you should have the opportunity to repay your insurance company and keep your ncb intact.

    (Not sure if you'd be invited to tender for the job btw, I'd say there could be a conflict of interest there) :D


  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    Call his bluff. Tell him your informing your insurance company that you have offered to repair the fence to pre-accident condition and that he's not willing to accept that. Then do nothing and see what happens. You e nothing to loose at this stage, I'd just make things as awkward as possible for him from now on.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    endacl wrote: »
    His fence, he decides. Your insurance pays if you won't.

    Rubbish. If OP hit and damaged one fencepost, the neighbour is not entitled to have the entire thing rebuilt. And if the fence is in poor condition, it would be like hitting a 15 year old banger and the owner demanding €2k for a full professional respray. If the car is worth €500, he won't get it.
    This idea that everyone is entitled (that word again) to limitless layouts for scrapes and owies is why insupance premiums are skyrocketing and older cars won't be insured full stop. Milking every ding for thousands should be viewed as fraud and unacceptable, its theft plain and simple.


  • Registered Users, Registered Users 2 Posts: 9,242 ✭✭✭duffman13


    Rubbish. If OP hit and damaged one fencepost, the neighbour is not entitled to have the entire thing rebuilt. And if the fence is in poor condition, it would be like hitting a 15 year old banger and the owner demanding €2k for a full professional respray. If the car is worth €500, he won't get it.
    This idea that everyone is entitled (that word again) to limitless layouts for scrapes and owies is why insupance premiums are skyrocketing and older cars won't be insured full stop. Milking every ding for thousands should be viewed as fraud and unacceptable, its theft plain and simple.

    Rubbish? Endacls post is about getting someone else to carry out the repair. The OP wants to repair it himself, the neighbour with the damaged fence is entitled to select his own repairman.

    The neighbours being a bollocks trying to get a whole new fence which is why the Op should just get an insurance assessor out to settle it. Endacls post wasn't justifying the entire fence be fixed


  • Registered Users, Registered Users 2 Posts: 8 Padji88


    Thanks everyone for their opinions, I think I'll just let the insurance sort it and draw a bridge over it


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    duffman13 wrote: »
    Rubbish? Endacls post is about getting someone else to carry out the repair. The OP wants to repair it himself, the neighbour with the damaged fence is entitled to select his own repairman.

    The neighbours being a bollocks trying to get a whole new fence which is why the Op should just get an insurance assessor out to settle it. Endacls post wasn't justifying the entire fence be fixed

    It would be handy to see pics of the fence. As OP says it's an agricultural fence on concrete posts, hardly something that requires a team of experts several weeks to put right. Probably put up by the neighbour himself with a shovel, a wheelbarrow and a bag of cement. Material damage is probably around the €100, being extremely generous here.
    If this was a beautiful stonewall put up by hand by a stone mason, I would understand, but this is hardly something surrounding the Sistine Chapel.
    To my mind insurance fraud is also exaggerating claims.


  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    If the price isn't too high, I would enquire with the ins. co. whether reimbursing them wouldn't affect your no claims discount.


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  • Registered Users, Registered Users 2 Posts: 2,865 ✭✭✭9935452


    Padji88 wrote: »
    Hi

    I have a query, I damaged my neighbours fence the last day, damage isn't to bad it's an agricultural fence one concrete post is broke, I offered to repair the fence back to the way it was but he is refusing because he wants the whole fence fixed even though the only damage is done to that post, and my car car cost 300 to fix so not worth going through the insurance, fence will cost me 100 to fix but he won't let me fix it

    My question is since I offered to repair and he refused am I still liable for the fence, he wants to get in one of his friends to fix it and charge me an arm and a leg where I am more than capable of repairing it at a lower cost to myself

    Why not just ask for a quote and see what he comes back with


  • Registered Users, Registered Users 2 Posts: 296 ✭✭AhHaor


    pablo128 wrote: »
    If the price isn't too high, I would enquire with the ins. co. whether reimbursing them wouldn't affect your no claims discount.

    THIS! As has already been said, insurance companies aren't charities. They'll sort it for as little as possible. Then you have the option of paying them in full and it not affecting bonus etc.

    You will however have a zero cost claim on your record. This could prevent you moving insurance companies as they insist you have x years without accident or claims.

    Well that's from an Aviva standpoint as an ex employee


  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    The owner of the fence is entitled to have it put back to same condition as before.
    He is entitled to have this work done professionally with full health and safety in place including all costs associated with this.
    He would also be entitled to have engineers report carried out and costs covered.
    He does not have to let you in to repair it for him. In fact he would be foolish to allow that.
    If there are engineers to be paid, a building company, materials, Etc I could see a single post repair costing 1500.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    We don't know what the fence looks like. Could be a tatty mess and put down using a shovel, a bag of cement and a wheelbarrow.
    LMAO @health and safety. I'm expecting the area to be fenced off, site office, security, pile drivers, health and safety briefings, all the while one guy is digging a hole for a concrete post bought for €50 at the local builders/ farmers supply yard along with a bag of cattle nuts and sheep dip.
    This whole idea that suddenly the biggest pile of sh*the is worth thousands upon thousands is nonsense. Next the owner of the fence will want compensation for distress and loss of earnings.
    If the fence is indeed this magnificent construction you speak of, the bill could indeed run into the 10's of thousands. :rolleyes:


  • Registered Users, Registered Users 2 Posts: 2,694 ✭✭✭BMJD


    it's a fence, not a classic ferrari, make sure he's off your xmas card list


  • Registered Users, Registered Users 2 Posts: 4,749 ✭✭✭irishmover


    mickdw wrote: »
    The owner of the fence is entitled to have it put back to same condition as before.
    He is entitled to have this work done professionally with full health and safety in place including all costs associated with this.
    He would also be entitled to have engineers report carried out and costs covered.
    He does not have to let you in to repair it for him. In fact he would be foolish to allow that.
    If there are engineers to be paid, a building company, materials, Etc I could see a single post repair costing 1500.

    Bwaahahahahahahaha


  • Registered Users, Registered Users 2 Posts: 1,075 ✭✭✭tom_k


    mickdw wrote: »
    The owner of the fence is entitled to have it put back to same condition as before.
    He is entitled to have this work done professionally with full health and safety in place including all costs associated with this.
    He would also be entitled to have engineers report carried out and costs covered.
    He does not have to let you in to repair it for him. In fact he would be foolish to allow that.
    If there are engineers to be paid, a building company, materials, Etc I could see a single post repair costing 1500.

    There's quite a lot we don't know about this case. The impact with the fence post may have been severe enough to slacken the wire (if any) and in turn dislodge nearby fence posts. If this is the case, the wire will need to be straightened and restrained at minimum along with the resetting or reinstallation of affected fence posts. Farmers often engage professional fencing companies to carry out this work which is never cheap.

    The farmer has an obligation to maintain fences in good order and in a stockproof condition. The stock proof element assumes this is a livestock farm as opposed to tillage/crops only.

    In any case, the farmer is entitled to have the fence made right and I can see his point if he requires the work to be carried out professionally. It's worth bearing in mind that this work may be carried on on or at the verge of a public road with further safety implications.

    Until we get a description of the type of fence and the exact level of damage this is all speculation, of course.


  • Site Banned Posts: 1,763 ✭✭✭Pugzilla


    OP, fix the fence yourself when he's not around.

    What's he going to then if the fence repair is done well?


  • Registered Users, Registered Users 2 Posts: 4,418 ✭✭✭Dartz


    Stheno wrote: »
    Unreasonable compared to you doing a diy job?

    That's not unreasonable tbh, he's entitled to get quotes and apply to your insurance to be compensated for the damage you've caused.

    Which is my my premiums are going +++ because of people like this who treat insurance as a windfal.


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  • Closed Accounts Posts: 5,361 ✭✭✭Boskowski


    mickdw wrote: »
    The owner of the fence is entitled to have it put back to same condition as before.
    He is entitled to have this work done professionally with full health and safety in place including all costs associated with this.
    He would also be entitled to have engineers report carried out and costs covered.
    He does not have to let you in to repair it for him. In fact he would be foolish to allow that.
    If there are engineers to be paid, a building company, materials, Etc I could see a single post repair costing 1500.

    All that sounds reasonable.... as long as that fence was put in place to THAT standard to begin with. Which is unlikely. Come on listen to yourself. Its a bleeding cattle fence, not a railway bridge. Why has to be there always someone who justifies blowing things out of proportion?

    Also the OP stated he puts up fences for a living...as coincidence would have it.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    Boskowski wrote: »
    All that sounds reasonable.... as long as that fence was put in place to THAT standard to begin with. Which is unlikely. Come on listen to yourself. Its a bleeding cattle fence, not a railway bridge. Why has to be there always someone who justifies blowing things out of proportion?

    Also the OP stated he puts up fences for a living...as coincidence would have it.

    Same as hitting a car. If you ding a 1998 Starlet and the guy wants €4k for a complete respray and color change as well as new engine, wheels and interior, the insurance company would tell him to swivel on it, here's €200 to cover the cost of the financial write off of your crock.


  • Moderators, Sports Moderators, Regional Midwest Moderators Posts: 24,039 Mod ✭✭✭✭Clareman


    My wall was damaged recently and the person who crashed into it was going through the car insurance to get it fixed so I took photos, sent them through to the car insurance company and got a quote, the insurance company said send on the bill when it comes and they'll pay it, simple as that, if the quote is too high they'll just say to get another quote.


  • Registered Users, Registered Users 2 Posts: 5,171 ✭✭✭enricoh


    Saw a post and wire fence that a few lads put up in the neighbouring farmers field after hitting it. I think it lasted a month before falling over!

    I wouldn't be big into letting lads in to repair themselves, if a stone hits one in the eye while they're pick axing out the old concrete around the post would the farmer be liable? Probably.

    Its unfortunate, but that's the way its gone


  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    I'm a Civil Engineer and have a good knowledge of how these things work.
    It's all well and good laughing but take for example the worst quality fence imaginable. Ok so it's a 30 quid repair if the guy who broke it is let in there to do it.
    He is working on or adjacent to the roadside. If he was to damage a car passing by or if the work was to cause an accident or if he was hit by a car - after all the op has already crashed there- the landowner would be taken to the cleaners and he would have no defence if he let a random man work on his property in a manner than caused damage to other people or indeed the man doing the work. At best it would be an insurance claim against the landowner if he was covered.
    It's not worth the risk being nice.
    Recently I was called by a friend where their garden wall was knocked by a tractor trailer.
    I went to see it and advised on options.
    Ideally, the homeowner would bring in a professional who would secure the property, then get professional inspection to verify damage then have insurance pay for professional repair.
    Anyway friend knew the guy who did the damage and he is a builder so they said put it right and that's 100 percent. Fair enough.
    Result - property was left dangerously open for a week when guy went awol. He then was working in the middle of the road, no ppe, signage or anything on a busy road.
    Mate now told me that they fell out over working on the road and wall is left half built and he is not answering phone.
    It doesn't pay to be soft. People are very funny when it comes to cash.


  • Registered Users, Registered Users 2 Posts: 1,113 ✭✭✭corglass


    Same as hitting a car. If you ding a 1998 Starlet and the guy wants €4k for a complete respray and color change as well as new engine, wheels and interior, the insurance company would tell him to swivel on it, here's €200 to cover the cost of the financial write off of your crock.

    Easy on the Starlet bashing please


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  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    corglass wrote: »
    Easy on the Starlet bashing please

    Could also be a Micra. ;)


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    Padji88 wrote: »
    Thanks but surly he can't claim for damage I didn't cause i have all documented and pictures off damage, I put up fences for a living, I think he is being unreasonable and I'm not going through my insurance surly they won't pay out
    Do you have pictures of the damage to your car before you fixed it?

    And I'm sure he has an idea of how much the insurance company will pay out.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    mickdw wrote: »
    I'm a Civil Engineer and have a good knowledge of how these things work.
    It's all well and good laughing but take for example the worst quality fence imaginable. Ok so it's a 30 quid repair if the guy who broke it is let in there to do it.
    He is working on or adjacent to the roadside. If he was to damage a car passing by or if the work was to cause an accident or if he was hit by a car - after all the op has already crashed there- the landowner would be taken to the cleaners and he would have no defence if he let a random man work on his property in a manner than caused damage to other people or indeed the man doing the work. At best it would be an insurance claim against the landowner if he was covered.
    It's not worth the risk being nice.
    Recently I was called by a friend where their garden wall was knocked by a tractor trailer.
    I went to see it and advised on options.
    Ideally, the homeowner would bring in a professional who would secure the property, then get professional inspection to verify damage then have insurance pay for professional repair.
    Anyway friend knew the guy who did the damage and he is a builder so they said put it right and that's 100 percent. Fair enough.
    Result - property was left dangerously open for a week when guy went awol. He then was working in the middle of the road, no ppe, signage or anything on a busy road.
    Mate now told me that they fell out over working on the road and wall is left half built and he is not answering phone.
    It doesn't pay to be soft. People are very funny when it comes to cash.

    A civil engineer. OK. I doubt the fence is on par with a motorway bridge or building a railway. (tongue in cheek alert, please have pinch of salt ready)
    You're suggesting getting in a security company, fencing off the perimeter, maybe a portacabin, 24 hour security, this will of course also require electricity, water and portaloos to be brought to the site. Then get a civil and a structural engineer to check out the fence and maybe also check out the geology, to make sure the ground is suitable. Peter Cook should draw up the plans for the new fence and building itself could be handled by Sir Robert McAlpine. Some local roads may have to be diverted for the duration of the works.
    I would estimate the cost of the project to be around €25 million, with a completion date of around August 2018. :P

    But seriously, can you imagine why car insurance is going from 300 to 600 to 800 and that is just this year? Are we happy to pay over a grand next year? And the logic of most Irish people would be "now it's MY turn to screw them to the wall!" when something happens to them. And apparently no one can see the connection between that and rising insurance cost. I'd say 99% of people simply don't think that far.
    It's different when someone flattens an entire stone wall that needs to be professionally rebuild, but we're talking about a fencepost bought at the local yard here.
    Of course we're both speculating. We don't know what the fence looks like, so you're arguing on the basis that this fence is an expensive construct, professionally pout down by a construction company and I'm arguing it was put down like a lot of fences, shovel, wheelbarrow and a bag of cement.
    Without seeing the damage we don't know which, so I accept your argument but offer the opinion that the reality might be slightly less grandiose.


  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    F*ck sake, this thread grew legs.

    Just let him go through your Insurance.


  • Banned (with Prison Access) Posts: 4,794 ✭✭✭Jesus.


    mickdw wrote: »
    The owner of the fence is entitled to have it put back to same condition as before.
    He is entitled to have this work done professionally with full health and safety in place including all costs associated with this.
    He would also be entitled to have engineers report carried out and costs covered.
    He does not have to let you in to repair it for him. In fact he would be foolish to allow that.
    If there are engineers to be paid, a building company, materials, Etc I could see a single post repair costing 1500.

    Can't believe we're getting stuff like this regarding one post of a farmers fence!!


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  • Closed Accounts Posts: 5,361 ✭✭✭Boskowski


    Jesus. wrote: »
    Can't believe we're getting stuff like this regarding one post of a farmers fence!!

    Its a sign of the times. Bullsh1t only ever seems to grow itself until we're all going the way of the first spaceship of Golgafrincham. Some say that has already happened...


  • Registered Users, Registered Users 2 Posts: 4,105 ✭✭✭selectamatic


    The lord save us sometimes I think the leaps mankind has made in the last 100 years have all been nullified by the coming of age of ridiculous personal injury claims, insurance claims for another driver looking at ya funny and the ever entertaining slip and fall antics of some coupled with the health and safety fetishism of others. Why must Ireland follow suit in such matters can't we just let the American's have at it. 30 years ago a commotion like this would never have happened over one fence post! (I'm a farmer meself, the mother and father of all concrete posts costs about a score) Sometimes the more people get in life, the awkwarder they become.


  • Registered Users, Registered Users 2 Posts: 9,661 ✭✭✭Voodoomelon


    Keep us informed OP, be interesting to see how this pans out.
    corglass wrote: »
    Easy on the Starlet bashing please

    Post of the week! :D


  • Closed Accounts Posts: 40 batskat


    The reality is the offender you only have to undo the damage you caused .
    This means you can chose who fixxes the wall

    It works like this .
    My mate was driving his automatic car and stoped at the traffic lights behind the other cars . He looked down at his dash board to see address he was going to and let his automatic car drift forward at 1 mph to rear end a top end car .
    My mate was top class mechanic and car spray paint and metal repair fixxer with garage to repair all makes of cars and offered to repair the damage if any

    He offered the guy to come collect the car and return it to its former glory.
    There was hardly any scratches on the bumper and would have been at tops a €500 euro fix up job which he could do with his garage facilties for less

    The guy refused point blank three written offers

    My mate offered in writing through a solitor three times the offer and three times the guy refused .Lucky for my mate his ssiter was a solitor didnt cost him
    SO my mate had under contract law now had no further legal obligation to repair the guys car .
    The owner of top end car demanded €3000 for the repairs .
    He tried to force my mates car insurance company to pay up .
    My mates written offers from solitors and instuctions to car Insurance company not to pay as the guy had refused three offers meant the guy eventualy GOT NADA because he was trying to be greedy bastard .

    A cousin of mine driving a SUV got rear ended by a Eastern Europe guy in front of the Garda doing high speeds so he got done for carleless driving .
    The eastern european driver offender offered as he was spray painter worker to fix the damage rather than go through his insurance .
    My cousin accepted the offer and the damaged SUV car with extensive damage easily €4000 was repaired correctly .
    I went and collected the car for my cousin and I can say you would never know it had been rear ended so badly.
    Job well done

    Yes my cousin didnt have his car for few days but dung events occour and that life.

    Good luck with your neigbour for a wall three written offers posted through the Irish normal postal system should probably be enough for him to get with the plot he isnt going to scam you for more than the damage you did . Also he could risk to get nothing if he refuses three bona fide offers from trusted building companies with bona fide records in the trade

    Also for minor disputes you can always go through the small courts and drag it out that way .Your not obliged to automaticaly go through car insurance especaily if your excess is €1000

    I accidentaly knocked over a static motor bike when I reversed my car .The guy had parked the motor bike thing behind me when i was not looking while I waited in the parking spot for somebody to come out of the shops . The damage to bike was minimal some plastic cover was sratched and bent wing mirror .The guy wanted all my insurance details etc .I said to him my excess was €2000 and at most the damage for his bike was €100.
    He wanteed €500 and knowing my bikes I knew the 100cc heap was worth €500 at best probably €300.
    I flashed €130 cash and he took it got him to sign on a paper that he accepted the €130 cash .

    Then the sneaky motor bike guy a few weeks later contacted and tried to get my Insurance company to pay up more money .I dont know how he got the insurance details . Ireland you can get all sorts of info if you got connections
    I showed the car insurance comapny the signed paper where he was paid in full and they told him to go stick his head where the sun dont shine
    Always pay cash at the scene of the incident if possible get it signed for try to include witness and then they cant legaly come back for second bite of the cherry if its civil law matter damaged property .
    That doesnt apply if there is humans injured


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Jesus christ I hope you're taking the piss with the above advice. Talk about bull**** ^^^^


  • Registered Users, Registered Users 2 Posts: 8,311 ✭✭✭cletus


    Sorry, you, as the offender, do not have the choice of where our how the repair work gets done. Even if you want to pay him cash for the job, you have no say in who or how the job is done. That above post is ridiculous.


  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    batskat wrote: »
    The reality is the offender you only have to undo the damage you caused .
    This means you can chose who fixxes the wall

    It works like this .
    My mate was driving his automatic car and stoped at the traffic lights behind the other cars . He looked down at his dash board to see address he was going to and let his automatic car drift forward at 1 mph to rear end a top end car .
    My mate was top class mechanic and car spray paint and metal repair fixxer with garage to repair all makes of cars and offered to repair the damage if any

    He offered the guy to come collect the car and return it to its former glory.
    There was hardly any scratches on the bumper and would have been at tops a €500 euro fix up job which he could do with his garage facilties for less

    The guy refused point blank three written offers

    My mate offered in writing through a solitor three times the offer and three times the guy refused .Lucky for my mate his ssiter was a solitor didnt cost him
    SO my mate had under contract law now had no further legal obligation to repair the guys car .
    The owner of top end car demanded €3000 for the repairs .
    He tried to force my mates car insurance company to pay up .
    My mates written offers from solitors and instuctions to car Insurance company not to pay as the guy had refused three offers meant the guy eventualy GOT NADA because he was trying to be greedy bastard .

    A cousin of mine driving a SUV got rear ended by a Eastern Europe guy in front of the Garda doing high speeds so he got done for carleless driving .
    The eastern european driver offender offered as he was spray painter worker to fix the damage rather than go through his insurance .
    My cousin accepted the offer and the damaged SUV car with extensive damage easily €4000 was repaired correctly .
    I went and collected the car for my cousin and I can say you would never know it had been rear ended so badly.
    Job well done

    Yes my cousin didnt have his car for few days but dung events occour and that life.

    Good luck with your neigbour for a wall three written offers posted through the Irish normal postal system should probably be enough for him to get with the plot he isnt going to scam you for more than the damage you did . Also he could risk to get nothing if he refuses three bona fide offers from trusted building companies with bona fide records in the trade

    Also for minor disputes you can always go through the small courts and drag it out that way .Your not obliged to automaticaly go through car insurance especaily if your excess is €1000

    I accidentaly knocked over a static motor bike when I reversed my car .The guy had parked the motor bike thing behind me when i was not looking while I waited in the parking spot for somebody to come out of the shops . The damage to bike was minimal some plastic cover was sratched and bent wing mirror .The guy wanted all my insurance details etc .I said to him my excess was €2000 and at most the damage for his bike was €100.
    He wanteed €500 and knowing my bikes I knew the 100cc heap was worth €500 at best probably €300.
    I flashed €130 cash and he took it got him to sign on a paper that he accepted the €130 cash .

    Then the sneaky motor bike guy a few weeks later contacted and tried to get my Insurance company to pay up more money .I dont know how he got the insurance details . Ireland you can get all sorts of info if you got connections
    I showed the car insurance comapny the signed paper where he was paid in full and they told him to go stick his head where the sun dont shine
    Always pay cash at the scene of the incident if possible get it signed for try to include witness and then they cant legaly come back for second bite of the cherry if its civil law matter damaged property .
    That doesnt apply if there is humans injured

    So much bull crap.
    Property owner decides who fixes.
    Also, size of your car insurance policy excess has no bearing on the payout to an other party and by spouting that sh1t to the damaged party you were only showing yourself to be an idiot.


  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    mickdw wrote: »
    So much bull crap.
    Property owner decides who fixes.
    Also, size of your car insurance policy excess has no bearing on the payout to an other party and by spouting that sh1t to the damaged party you were only showing yourself to be an idiot.

    Usually any post with "my cousin" written in it is complete bullshít anyway. :rolleyes:


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    batskat, I'm a great believer in only paying out for the damage done and I believe that a large percentage of claims are nothing but fraud, pure and simple. And I don't mean false injuries or non existent trauma and suffering (that would be the other 50% of fraudulent claims), but simply exaggerating damage, getting "legitimate" quotes to fix it that overstate the damage quite significantly, then getting it fixed on the cheap and trousering the difference.
    Just like a fake slip and fall, this kind of fraud is very hard to fight and insurance companies in Ireland operate a policy of "just pay out tofcuk, can't be arsed arguing". In the end they don't care, we pay the bill, they make the money and who is ultimately to blame? That would be 100% us.
    Insurance companies have said "you know? Claim what you want, including fairytale injuries, we'll pay everything, but you'll pay the price". And the Irish have said "Great, I'll take two!" and made claiming a national sport. If there was an Olympics, we'd win gold silver and bronze in every event going.
    So you can get quotes till the cows come home, but the problem is when a overworked, disinterested claims manager is assigned he is going to say "just pay it tofcuk, I can't be arsed", there is very little you can do.


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