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Rear ended, settled damage privately, now pain

  • 07-05-2016 7:00pm
    #1
    rucksack
    Closed Accounts Posts: 127 ✭✭


    A couple months ago a friend of mine was rear ended. He has a pre existing back problem. It got quite a bang. They asked him if he would allow them to pay for the damage without going through insurance. He did and they paid

    But now he is in severe pain cannot walk or drive. Does the fact he settled privately mean he cannot take a claim if he does not improve. He said to the driver he had hurt his back but did not say it to a garda

    He does not want to claim but is worried re possible cost of physio/medical help etc. He is on pain killer and has to go back to doc next week


Comments

  • #2
    148multi
    Registered Users, Registered Users 2 Posts: 1,804 ✭✭✭148multi


    The fact that he settled privately will not affect a claim for personal injury. As I understand he needs to claim before two years, except in exceptional circumstances, but if he does not claim within the two years and complications develop as a result of the accident he can not claim for these complications. How ever if he does claim now within two years, he can claim again if complications arise in five or six years time as a result of the accident.


  • #3
    rucksack
    Closed Accounts Posts: 127 ✭✭rucksack


    148multi wrote: »
    The fact that he settled privately will not affect a claim for personal injury. As I understand he needs to claim before two years, except in exceptional circumstances, but if he does not claim within the two years and complications develop as a result of the accident he can not claim for these complications. How ever if he does claim now within two years, he can claim again if complications arise in five or six years time as a result of the accident.
    That is interesting. But if his claim was successful wouldn't the people who paid for the repair have to be repaid. I am just curious now and not looking for advice. I doubt very much there will be a claim as he would not want claim


  • #4
    148multi
    Registered Users, Registered Users 2 Posts: 1,804 ✭✭✭148multi


    Am posting about personal injury only, not car damage as you stated he was compensated for it.


  • #5
    radharc
    Registered Users, Registered Users 2 Posts: 969 ✭✭✭radharc


    148multi wrote: »
    The fact that he settled privately will not affect a claim for personal injury. As I understand he needs to claim before two years, except in exceptional circumstances, but if he does not claim within the two years and complications develop as a result of the accident he can not claim for these complications. How ever if he does claim now within two years, he can claim again if complications arise in five or six years time as a result of the accident.

    How is he to prove liability in the absence of a Garda report?


  • #6
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    radharc wrote: »
    How is he to prove liability in the absence of a Garda report?

    You have heard of giving evidence in court under oath. What you mean is he may have no independent evidence. Well the car was damaged we know that because the defendant has all ready compensated for that.


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  • #7
    radharc
    Registered Users, Registered Users 2 Posts: 969 ✭✭✭radharc


    Pro Hoc Vice wrote: »
    You have heard of giving evidence in court under oath. What you mean is he may have no independent evidence. Well the car was damaged we know that because the defendant has all ready compensated for that.

    Yes I believe I may have heard of it. If the other party chooses to deny all knowledge of any accident or settlement in all likelihood there is little hope of a successful claim.


  • #8
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    radharc wrote: »
    Yes I believe I may have heard of it. If the other party chooses to deny all knowledge of any accident or settlement in all likelihood there is little hope of a successful claim.

    That will be up to the judge to decide based on the civil standard of proof, it happens every day of the week.


  • #9
    Stealthfins
    Banned (with Prison Access) Posts: 1,141 ✭✭✭Stealthfins


    If they paid for the damage to the vehicle that's covered,fair enough drop the claim for a damaged rear,door,bumper or whatever.
    There's nothing wrong with claiming for personal injuries up to 729 day's after the incident.

    Yet again you'll have to lack of empathy for the injured brigade and if you make a claim it'll effect the moaners and people taking on the perpetrator who was in the wrongs insurance going up as if it was their's.

    I was once in an industrial accident where a roof fell on top of a few of us ,my pelvis was broken in two,l5s1and c2 were prolapsed.
    Soft tissue damage from the back of my knees up as far as my ears.

    Out of work for 3 year's,I was made to feel bad because I decided to claim back 3 year's wages,pain and suffering and having to reeducate myself.

    I was a scaffolder lost my house and everything because I took out a mortgage a year before.

    With all that hardship I still had people suggest I take it on the chin man up and don't claim compensation.

    Lol some friends they were.


  • #10
    rucksack
    Closed Accounts Posts: 127 ✭✭rucksack


    radharc wrote: »
    Yes I believe I may have heard of it. If the other party chooses to deny all knowledge of any accident or settlement in all likelihood there is little hope of a successful claim.
    There would be a record of the check they paid in settlement and the garage they paid it to can testify/show records to show they fixed Mr Bloggs car and Mr Jones paid for it. But Mr Jones did not cause the damage? Very decent chap this Mr Jones

    There are photos of damage to both cars.Record of visit to doctor the day after. Records of subsequent visit to doctor


    Am posting about personal injury only, not car damage as you stated he was compensated for it.
    @148multi. Ok i was wondering though in fairness would the person who paid for the damage not be refunded if there was claim . Or would it be just completely separate . I guess i see it now the claim would be only for the injury

    This is just hypothetical. he just said there won't be a claim.


  • #11
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    It might be offset.

    Why on earth you wouldn't claim if genuinely injured. Sometimes I think peadophiles get an easy time of it than people who make PI claims. Absolutely bizarre country at times.


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  • #12
    doolox
    Closed Accounts Posts: 2,350 ✭✭✭doolox


    Nobody is going to support you if, when, you cannot work and support yourself.

    This is a legitimate claim for personal injury.

    You and the other driver have done nothing wrong in settling the damage to the car privately, in fact you both have done the insurance co a favour.

    You have all the records to back you up, if the cops complain that they should have been informed you could always say the injury did not feel serious at the time of the accident but got worse later when shock was over. Happens a lot in trauma.


  • #13
    Hannibelle Smeeeth
    Closed Accounts Posts: 123 ✭✭Hannibelle Smeeeth


    radharc wrote: »
    Yes I believe I may have heard of it. If the other party chooses to deny all knowledge of any accident or settlement in all likelihood there is little hope of a successful claim.

    The other party has already paid compensation for the car. There must be a paper trail. How can he deny the accident happened?


  • #14
    Tails142
    Registered Users, Registered Users 2 Posts: 2,119 ✭✭✭Tails142


    Hannibelle Smeeeth wrote: »
    The other party has already paid compensation for the car. There must be a paper trail. How can he deny the accident happened?

    There will likely be no opportunity to deny or for debates in court.

    Your friend lodges a claim with PTRB naming the driver and his insurance company.

    The PTRB write to the insurance company saying that X is making a claim against their driver and do they want the PTRB to assess damages. The insurance company will ring the driver to confirm details of the incident, hopefully the driver will have notified his insurance company of the incident at the time as he was supposed to do.

    The insurance company will either try to settle outside of the PTRB or then let the PTRB make an assessment of damages.

    Unless there are very suspicious circumstances regarding the accident, which on the face of it there aren't, the insurance will just try to settle as cheaply as possible. if there is a garda report saying car a rear ended car b then that is the end of it but I wouldn't even say it is necessary to have one.

    By the way, as cheaply as possible means no solicitors, settle before PTRB or in most cases pay out what the PTRB advises.


  • #15
    148multi
    Registered Users, Registered Users 2 Posts: 1,804 ✭✭✭148multi


    He can't lawfully claim for vehicle damage now, that may be seen as deception or a false claim, did he sign any document regarding the damage.


  • #16
    rucksack
    Closed Accounts Posts: 127 ✭✭rucksack


    148multi wrote: »
    He can't lawfully claim for vehicle damage now, that may be seen as deception or a false claim, did he sign any document regarding the damage.
    no signature. He does not want to claim for the vehicle now. He wanted, if anything, to ensure that the man who paid for the damage would be refunded if the claim included the vehicle damaged. But i now realise they are separate. No way would he be making false claims


  • #17
    rucksack
    Closed Accounts Posts: 127 ✭✭rucksack


    Just to clarify I or he do not care about moralisers here who try to make people feel bad about genuine claims. Probably insurance companies shills. I would not even respond to any such posts. This is a legal forum. If people want ethics go to a priest. Any such comments to or about me/him will be ignored


  • #18
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #19
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Fred Swanson wrote: »
    This post has been deleted.

    If that is so his insurance won't exactly welcome the PI claim. He is in breach of the policy conditions


  • #20
    To Elland Back
    Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    doolox wrote: »

    You and the other driver have done nothing wrong in settling the damage to the car privately, in fact you both have done the insurance co a favour.
    .

    If the other driver settled this without informing his insurer of the incident, he has done wrong by breaching policy conditions. He has done his insurer no favour at all, as they now have no defence to an injury claim. They are obliged to settle with the injured party and will probably heavily load their policyholders premium


  • #21
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    And so it always makes sense to report it, as you're supposed to. Sure, the insurer will screw you, but damned if you don't.

    At the OP, I was rear ended 2 years ago. I had some pain after the accident and it got much worse a couple of weeks later. Turned out one of my discs had herniated and I had a year and a half of agony before finally having surgery and beginning to recover. I am 5 months post surgery and i'm still recovering. I have a physio appointment in a few hours actually. Anyone who saw me during that period of time woukd have never questioned any claim. Once it's genuine, the nay sayers can go fcuk themselves. They obviously have had no experience of real pain caused by someone elses negligence.


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  • #22
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    148multi wrote: »
    The fact that he settled privately will not affect a claim for personal injury. As I understand he needs to claim before two years, except in exceptional circumstances, but if he does not claim within the two years and complications develop as a result of the accident he can not claim for these complications. How ever if he does claim now within two years, he can claim again if complications arise in five or six years time as a result of the accident.
    148multi wrote: »
    He can't lawfully claim for vehicle damage now, that may be seen as deception or a false claim, did he sign any document regarding the damage.

    Both of the above comments amount to legal advice. Please do not post here again, 148multi.
    rucksack wrote: »
    That is interesting. But if his claim was successful wouldn't the people who paid for the repair have to be repaid. I am just curious now and not looking for advice. I doubt very much there will be a claim as he would not want claim
    This is a request for legal advice. Please be more careful in future.


  • #23
    carav10
    Registered Users, Registered Users 2 Posts: 218 ✭✭carav10


    148multi wrote: »
    The fact that he settled privately will not affect a claim for personal injury. As I understand he needs to claim before two years, except in exceptional circumstances, but if he does not claim within the two years and complications develop as a result of the accident he can not claim for these complications. How ever if he does claim now within two years, he can claim again if complications arise in five or six years time as a result of the accident.

    This actually isn't fully correct. You have to submit your claim to PIAB within 2 years of the accident (stated correctly). They will either recommend a settlement figure which the claimant accepts or rejects. If they reject it, it will proceed to the courts. But once you settle (either in the PIAB process or the courts process), that's it. You can't go back for more. You can only claim once. So that's where input from your medical experts is crucial so that the settlement can allow for future complications.


  • #24
    cml387
    Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    It seems like the OP has gone off in a huff.


This discussion has been closed.
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