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Insurance settled claim without my knowledge

  • 18-11-2015 7:28pm
    #1
    Registered Users, Registered Users 2 Posts: 6,589 ✭✭✭


    Hiya guys, Hoping ye could help me with a tricky situation.

    So my friend had a minor tip, he accepted responsibility and both himself and the other driver agreed to settle things between them as there was very minimal damage done.

    A figure was agreed between both parties, but then my brother couldn't get back in contact with the other driver as he wouldn't answer the phone. After not hearing back from the other driver for a few weeks my friend contacted Aviva just to see if they had been contacted and they told him that they had paid out a sum to the other driver, a sum which was over 8 times the amount that both drivers had agreed on. The other driver had suddenly developed whiplash......

    So now my friend has started a new job, moving from company van to using his own car, which he recently bought, and because of this payout he can't get insurance for under 5600.

    Is this legal? for your insurance to pay out without letting you know? I myself am a bit clueless when it comes to this topic and would appreciate any feedback

    Thanks for any feedback


Comments

  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    Short answer, Unfortunately yes it is legal and they can and do, do it.


  • Registered Users, Registered Users 2 Posts: 6,589 ✭✭✭JJayoo


    That really sucks :( so now he has a car that he can't insure unless he is willing to shell out 5600, and job requires a car.


  • Registered Users, Registered Users 2 Posts: 2,057 ✭✭✭mulbot


    Well your friend must have been contacted by his own insurance at some point and admitted liability to them,therefore yea it's legal


  • Registered Users, Registered Users 2 Posts: 6,589 ✭✭✭JJayoo


    He had told them that there had been a verbal agreement between both parties not to go through the insurance.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    His insurers are obliged to inform him of any developments or decision that may give rise to a payment under his policy and they failed to do that. However, the policyholder is not allowed interfere with the insurer's handling of the claim or the decision they come to.

    Bottom line is the 3rd party threw the usual spanner in to the works by submitting an injury claim. As for the breech in regulations by not informing your friend of the development, he can complain but the process is a crock of **** and serves no purpose


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


    JJayoo wrote: »
    Hiya guys, Hoping ye could help me with a tricky situation.

    So my friend had a minor tip, he accepted responsibility and both himself and the other driver agreed to settle things between them as there was very minimal damage done.

    A figure was agreed between both parties, but then my brother couldn't get back in contact with the other driver as he wouldn't answer the phone. After not hearing back from the other driver for a few weeks my friend contacted Aviva just to see if they had been contacted and they told him that they had paid out a sum to the other driver, a sum which was over 8 times the amount that both drivers had agreed on. The other driver had suddenly developed whiplash......

    So now my friend has started a new job, moving from company van to using his own car, which he recently bought, and because of this payout he can't get insurance for under 5600.

    Is this legal? for your insurance to pay out without letting you know? I myself am a bit clueless when it comes to this topic and would appreciate any feedback

    Thanks for any feedback

    ?? Was it your brother, or your friend?

    Or yourself, maybe?


  • Registered Users, Registered Users 2 Posts: 2,304 ✭✭✭koutoubia


    JJayoo wrote: »
    Hiya guys, Hoping ye could help me with a tricky situation.

    So my friend had a minor tip, he accepted responsibility and both himself and the other driver agreed to settle things between them as there was very minimal damage done.

    A figure was agreed between both parties, but then my brother couldn't get back in contact with the other driver as he wouldn't answer the phone. After not hearing back from the other driver for a few weeks my friend contacted Aviva just to see if they had been contacted and they told him that they had paid out a sum to the other driver, a sum which was over 8 times the amount that both drivers had agreed on. The other driver had suddenly developed whiplash......

    So now my friend has started a new job, moving from company van to using his own car, which he recently bought, and because of this payout he can't get insurance for under 5600.

    Is this legal? for your insurance to pay out without letting you know? I myself am a bit clueless when it comes to this topic and would appreciate any feedback

    Thanks for any feedback

    This is why you should never admit responsibility/liability. It gives the insurance something to work with.


  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    koutoubia wrote: »
    This is why you should never admit responsibility/liability. It gives the insurance something to work with.

    It doesn't really. It's not up to the driver to decide liability either way. You state the details and insurance decides. What you say at the roadside has no real influence.

    But your policy states that you shouldn't accept liability at te scene most likely so yea I agree you should not just to stay within the terms of the policy.


  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    JJayoo wrote: »
    He had told them that there had been a verbal agreement between both parties not to go through the insurance.

    That means nothing unfortunately.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Closed Accounts Posts: 3,973 ✭✭✭Sh1tbag OToole


    The usual suspects will be on shortly defending the honour of the poor beseiged billionaire insurance companies who regularly lash up skyscrapers on some of the most expensive land in the world, laying the blame on cash for crash and fraudulent whiplash claims.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    The usual suspects will be on shortly defending the honour of the poor beseiged billionaire insurance companies who regularly lash up skyscrapers on some of the most expensive land in the world, laying the blame on cash for crash and fraudulent whiplash claims.

    And this insight is relevant to the OP's question because.........


  • Closed Accounts Posts: 3,973 ✭✭✭Sh1tbag OToole


    And this insight is relevant to the OP's question because.........

    Years later when he's famous he'll remember that I predicted it and I'll go down in the history books as a great prophet


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    Years later when he's famous he'll remember that I predicted it and I'll go down in the history books as a great prophet

    What have you predicted?


  • Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    Was there no NCB protection?


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Hibernian tried this with me years ago.

    A woman claimed I had hit her car but there was a little extra to the story she actually had hit my car but there was no damage.

    She actually was doing the normal driving of no matter who is there they have to get in front.

    She also called to the family home 10 or more times and kept taking photos.
    The insurance company rang me and said they were paying out.

    I asked for proof of damage and had pictures of my own car.

    Her car was a beat up 11 year old corolla with damage on every panel on it.

    This went on for 9 months of forms being sent out and phone calls even cops were looking for me.

    The only mistake I made was not hiring a solicitor of my own but in the end they gave up and there was no pay out.

    Unbelievable what some lengths fools will go to.


  • Registered Users, Registered Users 2 Posts: 6,589 ✭✭✭JJayoo


    The real issue is that he is unable to get insurance on new car, other than shell out over 5 grand.


  • Registered Users, Registered Users 2 Posts: 23,900 ✭✭✭✭ted1


    JJayoo wrote: »
    That really sucks :( so now he has a car that he can't insure unless he is willing to shell out 5600, and job requires a car.

    What type car did he get? That sounds extraordinary high, what other quotes did he get?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 6,589 ✭✭✭JJayoo


    ted1 wrote: »
    What type car did he get? That sounds extraordinary high, what other quotes did he get?

    To be honest I don't have all the facts to go into the small details, I will find out, but the cost is due to the claim, and no one else will insure him because o it.


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  • Registered Users, Registered Users 2 Posts: 2,063 ✭✭✭Cerco


    This post has been deleted.

    How did you manage to get money back?
    Did you go the legal route ? Did they tell you they did not pay?


  • Registered Users, Registered Users 2 Posts: 18,061 ✭✭✭✭Thargor


    How much did she get?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 14,846 ✭✭✭✭Liam McPoyle


    The usual suspects will be on shortly defending the honour of the poor beseiged billionaire insurance companies who regularly lash up skyscrapers on some of the most expensive land in the world, laying the blame on cash for crash and fraudulent whiplash claims.

    The person in the OP was in an accident.

    He accepted liability and did not inform his company until weeks after the fact.

    How precisely did you expect this to end?

    What would the insurer do?


    Pay out a few grand to settle the claim?

    Or spend a few grand to hire a private investigator in the hope the claimant slips up even though there is a strong chance they still might have to pay compensation, increasing the over all costs as they would have to what the person was claiming for as well as investigation costs.

    Or they could have fought the case all the way to the high court, lost and had to pay out tens of thousands in all likelihood.

    There are two parties to blame in this case, the driver that accepted liability and the scumbag feigning injury.

    Of course its easier for the misinformed to post about how the billionaire insurers (lol at that too by the way) are paying claims for the craic.


  • Closed Accounts Posts: 3,973 ✭✭✭Sh1tbag OToole


    The person in the OP was in an accident.

    He accepted liability and did not inform his company until weeks after the fact.

    How precisely did you expect this to end?

    What would the insurer do?


    Pay out a few grand to settle the claim?

    Or spend a few grand to hire a private investigator in the hope the claimant slips up even though there is a strong chance they still might have to pay compensation, increasing the over all costs as they would have to what the person was claiming for as well as investigation costs.

    Or they could have fought the case all the way to the high court, lost and had to pay out tens of thousands in all likelihood.

    There are two parties to blame in this case, the driver that accepted liability and the scumbag feigning injury.

    Of course its easier for the misinformed to post about how the billionaire insurers (lol at that too by the way) are paying claims for the craic.

    Yerrah f*ck it of course they're not going to bother their Barney with a private investigator, small fish. Billionaire insurance companies don't want to waste their time with it, automate the payment of the claim if it's at all possible, have a Python or COBOL script horse the money straight into the fraudsters account and be done with it. Less staff = more money to send to the shareholders back home.

    Who gives a rattling damn if some ould pleb gets banned off the road with an impossibly high premium. Statistically some number of these plebs with 5k premiums on their head have that money stashed in a drawer and some of the unfortunate suckers have no option to pay it unless they want to go on the dole and serve their families 3 meals of gruel every day. Serves em right for getting hit by the wrong bloody person


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    I'm still finding it difficult to see that €5,600 is the best quote a person can get, solely because of the claim. There must be other adverse factors to his profile


  • Registered Users, Registered Users 2 Posts: 2,063 ✭✭✭Cerco


    I'm still finding it difficult to see that €5,600 is the best quote a person can get, solely because of the claim. There must be other adverse factors to his profile


    The other party suffered whiplash so I guess that was the reason for increase.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    Cerco wrote: »
    The other party suffered whiplash so I guess that was the reason for increase.

    No, I think there has to be more to the high premium than that. Type of car, age of car, age of proposer, licence type, use of vehicle etc. I don't see a claim on it's own having that effect, even when there are personal injuries. Could be though


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