Claim info???

Jayson38

Hi new here just looking for some info on a claim I have going on... Last year my ex partner who I'm married to ran into the back of my car and
left the scene. Guards were rang and came out.. lucky for me a person seen accident and explained to guards what that saw. I applied through solicitor to the piab. They were given my medical report etc but are now declining liability so have received an authorised to go to court.
Few things I'm unsure on.
1. Can the witness who didn give written report to guard as didn want to get involved at time but yet told guards everything he seen, be called to give a statement??
2. Am I missing something as I have done everything guards etc asked... Other person didnt even approach guards when asked.
3. I really don't want to be in court in case I end up paying all these fees they talk about.
Any info would be greatly appreciated.

BigCon

Was it an accident or did they deliberately crash into you?

Jayson38

BigCon wrote: »

Was it an accident or did they deliberately crash into you?

Not sure wasn watching car hit me and then left the scene.. will it make much of a difference??

nuac

You say your ex-partner, whom you have now married, ran into you.

Unless I have misunderstood you, both insurers and any judge dealing with it, will approach the case with some caution

Or, on a bad day, the judge may fire the file at the back wall of the court

Jayson38

No we were married we separated at the time and still are.

goz83

The best thing you can do is speak to a solicitor. Whether it was an accident, or not is not really relevant insofar as it is a legitimate claim and the person responsible was insured. Your ex partners insurance company will have to pony up in a successful claim and if they want to chase her after that (if any fould play is suspected and can be proven), they are welcome to make that move. If you were nit responsible and have suffered a loss, then ask your solicitor for advice. Otherwise, bury it and move on.

Jayson38

Thanks goz I'm not sure her insurance even now of the incident at all.. but was injured still seeing Dr now... I just don't want to get into big long legal battle or end up footing a bill I had no responsibility in.. I can't understand with all the evidence why it was refused any way will see what solicitor says next week. Can her insurance go after her if it was intentional??

nuac

Jayson38 wrote: »

Thanks goz I'm not sure her insurance even now of the incident at all.. but was injured still seeing Dr now... I just don't want to get into big long legal battle or end up footing a bill I had no responsibility in.. I can't understand with all the evidence why it was refused any way will see what solicitor says next week. Can her insurance go after her if it was intentional??

If her insurance co have not been informed by now obvious problems arise.

I suspect spoofing here

Jayson38

I said I'm not sure if they were nuac ... as we don't speak since it happened all I know is got letter to day they have denied liability and I'm authorised to go to court!!! Was just looking for info from people on what they might have done in this situation not on what you suspect!!!

goz83

Jayson38 wrote: »

I said I'm not sure if they were nuac ... as we don't speak since it happened all I know is got letter to day they have denied liability and I'm authorised to go to court!!! Was just looking for info from people on what they might have done in this situation not on what you suspect!!!

New accounts are often scrutinised and rightfully so, as they are the foundation accounts of trolls and/or used by regular members who want to disassociate a post/thread from their real account.

Anyway, you're dealing with a solicitor, so he/she will be aware of the details and would be in a position to update you. If liability has been denied, then this is very likely to be the insurance company denying liability, as they would/should have been the recipients of the claim in the first place. The insurance company takes over the handling of these things. Denying liability is not exactly uncommon, even in very clean cut cases, it's often denied, or simply not admitted, which is effectively the same thing as far you're concerned.

Talk to your solicitor and go from there.

Jayson38

Thank you goz

NUTLEY BOY

+1 the preceding observations about leaving this with your solicitor.

You asked about the witness. The witness cannot be compelled to make a written statement to the Gardaí. The witness can be compelled to attend court to give evidence.