Car accident

Parchment

I wont go into too much detail but i was involved in a car accident 3 months ago.

A guy drove out of a side street and hit into the drivers side of my car (i was on the main street). Side of my car damaged, i was fine (i had 2 friends in the car - all unhurt). I called the Gardai - they came about 20 mins later. I took lots of photos as soon as it happened.

Got all the relevant details from the guy who hit me. Contacted my insurance company & contacted his.

Long story short - he denied liability saying he was already on the main street when i pulled across infront of him and hit him (its a one way street with two lanes). I deny this. Assessor came from his company, investigator from my company. Both agree that the damage on my car shows i was "T-Boned" from the side.

Turns out Garda cameras caught my car coming up the street before the accident and his car cannot be seen - the camera then moved and missed the accident.Both insurance companies have requested the footage/garda report.

There has been no movement on this since it happened - my car is still damaged, i cant open the doors on the drivers side. I refuse to claim through my company as its not my fault. They have been little help. The guy is still denying it was his fault even though everything points to him being the cause.

Im so frustrated. Any advice?

Senecio

This is what frustrates me the most about insurance here. In my home country ( Australia) your insurance company looks after you, then goes after the other party. You're back on the road in a matter of weeks.

All the best OP.

Fred Swanson

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4ensic15

Don't drive the car until it is fixed as it is dangerous. Go to a mechanic and get your car fixed. Keep the receipt.

Parchment

Fred Swanson wrote: »

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My insurance company have said thats an option - honestly i dont have the money for that right now. I dont even know what they could do for me, i have presented all the evidence i have - which is excellent, photos taken right after the accident. There is Garda footage my car on the street and the assessor from HIS company said the damage was in line with my car being hit directly from the side.

godtabh

I was involved in an accident before Christmas. Car changed lane into me and hit my car on the drivers side and finished on the rear panel.

Liability was disputed.

My insurance company said take a hit and try and claim or go through the other party.

Dealt with the other insurance company. Despite the evidence they denied the claim for 8 weeks. I even got a letter stating that my claim was dismissed. I kept at it.

Eventually the other party was brought to the site of the accident by their insurance company and admitted liability. €3500 of repairs later (on a car that is worth about €5000) it was sorted about 10 weeks after the accident.

Morally of the story. Keep at it

Epicbutterfly

Did you call a and speak to the guards and advise them you have 2 witnesses to back up what actually happened? I would make sure they also give statements. I would also be sure to get a hire car and claim from his insurance as it defiantly sounds like your car is in bad condition and should not be driven until fixed. Can't stand people who lie to save there none claim: best of luck OP and thankfully your not injured

Parchment

4ensic15 wrote: »

Don't drive the car until it is fixed as it is dangerous. Go to a mechanic and get your car fixed. Keep the receipt.

i had an estimate done - it will cost 3500e to fix. I dont really want to get that done on the hope that i might get my money back. Its not something i can manage financially right now.

Parchment

Epicbutterfly wrote: »

Did you call a and speak to the guards and advise them you have 2 witnesses to back up what actually happened? I would make sure they also give statements. I would also be sure to get a hire car and claim from his insurance as it defiantly sounds like your car is in bad condition and should not be driven until fixed. Can't stand people who lie to save there none claim: best of luck OP and thankfully your not injured

I have been told to mitigate my losses by the other insurance company - i.e dont get a hire car. Thanks - we are ok and that is the main thing.

I spoke to the Garda who came to the accident after weeks of trying to contact him. He said he saw the footage but the insurance companies said they have not got the report yet, i emailed the Garda station and asked if it could be expedited.

godtabh wrote: »

I was involved in an accident before Christmas. Car changed lane into me and hit my car on the drivers side and finished on the rear panel.

Liability was disputed.

My insurance company said take a hit and try and claim or go through the other party.

Dealt with the other insurance company. Despite the evidence they denied the claim for 8 weeks. I even got a letter stating that my claim was dismissed. I kept at it.

Eventually the other party was brought to the site of the accident by their insurance company and admitted liability. €3500 of repairs later (on a car that is worth about €5000) it was sorted about 10 weeks after the accident.

Morally of the story. Keep at it

I have rang on a very regular basis but they are dismissive, i must say my own insurance company have been more dismissive than the other parties. I will keep on phoning them - is that what you did?

Fred Swanson

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Parchment

Fred Swanson wrote: »

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Ok - thats interesting. I guess i dont have much to do with solicitors outside of a few meetings with one regarding the purchase of a house that fell through.

Would most solicitors do it on a no win no fee basis? I would provide all my evidence and then let them get on with it?

Apologies if i sound very "basic" about all of this - all i know is i left my house one day with my car perfect then someone hit it, lied about doing that and 3 months later i am still dealing with the consequences of his lie.

4ensic15

Did you get your insurance online or through a broker?

Parchment

4ensic15 wrote: »

Did you get your insurance online or through a broker?

Through a broker. Does that make a difference ?

4ensic15

Parchment wrote: »

Through a broker. Does that make a difference ?

Yes. You should be getting help from your broker.

Parchment

4ensic15 wrote: »

Yes. You should be getting help from your broker.

Ok - I don't know why I didn't think of this before, I guess it was just that I called the insurance company the day of the accident and kept in contact with them rather than the broker. I doubt the broker can help much though?

Thanks for that- it totally slipped my mind that the broker should be involved.

4ensic15

Parchment wrote: »

Ok - I don't know why I didn't think of this before, I guess it was just that I called the insurance company the day of the accident and kept in contact with them rather than the broker. I doubt the broker can help much though?

Thanks for that- it totally slipped my mind that the broker should be involved.

The broker is the one who will have dealings with both companies and is responsible for helping. If you have a good broker there will be action.

2RockMountain

4ensic15 wrote: »

Yes. You should be getting help from your broker.

Not in my experience. A claim is down to the insurer, not the broker. A good broker just might help to expedite things, but in this case, the OP had decided not the claim of his own insurance, so I'm not sure what you expect his broker to do?

Senecio wrote: »

This is what frustrates me the most about insurance here. In my home country ( Australia) your insurance company looks after you, then goes after the other party. You're back on the road in a matter of weeks.

The OP has chosen not to claim off his own insurance company. If he did claim, he would be back on the road in weeks. The trade-off is that he would lose his no-claims-bonus, if it is not protected.

Parchment wrote: »

I refuse to claim through my company as its not my fault. They have been little help.

This is the nub of the issue. I know that you'll be concerned about your no-claims-bonus, but if you don't claim, you are effectively a novice amateur dealing with professionals (the other insurance company). If you don't get your insurer or your solicitor to help, this is going to continue to be a struggle.

Fred Swanson

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Keith186

I'd lodge a complaint with the other insurance company that they are unfairly dismissing your claim.
They'll have to respond in writing.
If you've no joy after that you can go to the ombudsman with your case.

billie1b

My car was stolen from my garden, they broke into my house and took the keys back in September, im still waiting for my insurance to pay out!! They are an absolute nightmare

4ensic15

Keith186 wrote: »

I'd lodge a complaint with the other insurance company that they are unfairly dismissing your claim.
They'll have to respond in writing.
If you've no joy after that you can go to the ombudsman with your case.

A person can only complain to the Ombudsman about their own company not another company who are entitled to defend their own interests. A good broker can solve problems like this in many cases. Insurance companies need brokers and when one rings up telling them to cut the bullcrap, it often gets the result.

To Elland Back

Senecio wrote: »

This is what frustrates me the most about insurance here. In my home country ( Australia) your insurance company looks after you, then goes after the other party. You're back on the road in a matter of weeks.

All the best OP.

Firstly, that's exactly what happens here too, but the OP does not want to do this. Personally, I would take this option

Secondly, your broker is only there to assist in processing claims with the insurer they have placed your policy with. They will not pursue the 3rd party's insurer on your behalf.

Finally, there are specialist solicitors out there whose sole activities are to pursue wrongdoing 3rd parties on your behalf. They don't charge you a fee (win or lose) and don't take a cut of the claim. They charge the 3rd party's insurer. PM me if you want a name

Parchment

thanks for all the suggestions. i will call my broker tomorrow and see if they offer any help.

athtrasna

Something similar happened me. Had to claim through my own insurance and then they pursued the other company to get it reimbursed. I had to keep pushing but got it sorted eventually.

Parchment

athtrasna wrote: »

Something similar happened me. Had to claim through my own insurance and then they pursued the other company to get it reimbursed. I had to keep pushing but got it sorted eventually.

Im glad everyone here said they had to keep pushing at the companies - both companies made me feel like i was inconveniencing them calling them about the claim - looking for updates, checking they had requested footage etc. Im obviously very frustrated about it but im always polite to them on the phone but they just dont want to hear it - even my own company.

Thanks for you post.

carav10

Been in this situation twice before.

1st time: similar to yours, got t-boned, was on the main road so no liability on my side. Luckily other driver admitted liability straight away, so I was able to claim directly off his policy without any hassle. (This obviously isn't an option for you as he's not accepting liability)


2nd time: Also no liability on this one but due to it being more serious and the car being a write off and official investigation into the accident, I claimed off my own, knowing there'd be no liability assigned to me eventually, and then my insurance company went after the other and got refunded in full.

Claim off your insurance in order to get your car fixed. This is really the only viable option to getting the car sorted quickly when the other driver isn't accepting liability.
Then let them battle it out with the other driver's insurance company.
Of course your insurance company are going to do very little for you as they've no reason to! They haven't had to pay anything yet. If you claim off yours, then they'll go looking to the other company for it to be refunded. You do need to push it though.

NUTLEY BOY

My 10 cents worth.

Bare-faced denial of fault is not uncommon. You resolve simply not to let it go and you persist.

Getting the broker involved probably just turns a two sided conversation in to a three sided one i.e. time wasting.

You do have a legal responsibility to minimise your losses. That does not give a licence to the other insurers to leave you awaiting their pleasure.

I appreciate your reluctance to claim on your own motor policy. It might be worth noting that if the other guy sued you and lost and you got an order for costs your NCB would probably be lost or reduced anyway unless you have NCB protection.

I would be inclined to claim under my policy. This would then place your insurers in the position of being the ones to fund an action against the other motorist to recover their outlay and your uninsured losses i.e. the exercise of subrogation rights.

If the quantum of your repair costs is agreed with your own insurers or the other party's insurers there is no reason to delay proceeding with repairs and claiming the hire of a car whilst yours is being repaired.

I had a situation akin to this a few years ago where the other driver blatantly denied fault. Even though an independent witness driving behind him told the Gardai that he - the other motorist - had driven through a red light he still argued the toss. I put repairs in hand and told his insurers that they had 10 days to cough or I would see them in court. They stumped up.

Afollower

I was in similar situation recently and was advised by my garage to contact a particular firm of solicitors in Limerick who deal with this type of thing. All it took was a few phone calls with the Solicitor, as well as providing her with copies of insurance, licence, etc. and within 3/4 weeks I had a settlement - didn't cost me a cent and saved a lot of stress.

Parchment

I spoke to my broker this morning - they said that if I claim from my company and they then feel that it will be too much hassle/cost to chase up the money they may not do so and I won't get my no claims bonus back.

So it's up to my insurance companies discretion if they chase the other company for money if I claim from my own policy.

I'm actually so down about this. It's so frustrating /

carav10

Parchment wrote: »

I spoke to my broker this morning - they said that if I claim from my company and they then feel that it will be too much hassle/cost to chase up the money they may not do so and I won't get my no claims bonus back.

So it's up to my insurance companies discretion if they chase the other company for money if I claim from my own policy.

I'm actually so down about this. It's so frustrating /

Might be time for you to see a solicitor for a nicely worded letter to the other side's insurance company about accepting liability.... if the evidence exists to show that you are not liable, then it would be a very strange insurance company who wouldn't go chasing the other side for refunding of costs. Get on to your insurance company (not your broker) and have a good firm discussion with them. If you feel you are definitely in the right, then fight for it. Even claiming from your own insurance company, state that you are not accepting liability for the accident. If it's a high enough cost, they will go after the other side for it.

Mrs OBumble

Sorry, but why on earth are you not claiming on your own insurance for this?

You pay them to do certain things for one - and one of them is deal with the conflict in situation like this.

The fact that you paid them a premium and now don't wan't to use them for what you paid them for is mind-boggling, to be honest.

How much NCB are you likely to lose, vs how much stress, inconvenience and cost are you facing as a result of this?

Parchment

Mrs OBumble wrote: »

Sorry, but why on earth are you not claiming on your own insurance for this?

You pay them to do certain things for one - and one of them is deal with the conflict in situation like this.

The fact that you paid them a premium and now don't wan't to use them for what you paid them for is mind-boggling, to be honest.

How much NCB are you likely to lose, vs how much stress, inconvenience and cost are you facing as a result of this?

Our insurance went up 350e this year if we lose our ncb it will be nearly 1000e next year and we can't really afford that right now.

...And Justice

Have the gardai taken statements from both sides and was there any witnesses?

Parchment

...And Justice wrote: »

Have the gardai taken statements from both sides and was there any witnesses?

Gardai spoke to both drivers. No witnesses in the street but both cars had passengers in them.

To Elland Back

Parchment wrote: »

I spoke to my broker this morning - they said that if I claim from my company and they then feel that it will be too much hassle/cost to chase up the money they may not do so and I won't get my no claims bonus back.
/

Insurer will always seek to recover where it is viable. They refuse to do so because of any hassle. They will weigh up the facts and the likelihood of success. However, they won't throw good money after bad

The truth and being able to prove the truth are 2 totally different things

TheQuietFella

I personally wouldn't worry too much about it. If your driver door was hit as you suggest

then you have nothing to worry about. It's just procedures that the system has to go through!

Best of luck!

...And Justice

Parchment wrote: »

Gardai spoke to both drivers. No witnesses in the street but both cars had passengers in them.

The only reason I ask is because something similar happened to someone I know and they were handed a summons 5 months later for dangerous driving.

RGS

OP as liability is disputed i suggest that you get your own insurers to repair your vehicle and get you back on the road asap.
Your insurers will then chase recovery from the other insurers.
As you are not claiming under your comp your insurers are not involved and cant chase recovery as they are not out of pocket.

you have two options:
repair your car and issue proceedings for recovery
or
claim under your comp and let your insurers chase recovery.

NUTLEY BOY

Parchment wrote: »

I spoke to my broker this morning - they said that if I claim from my company and they then feel that it will be too much hassle/cost to chase up the money they may not do so and I won't get my no claims bonus back.

So it's up to my insurance companies discretion if they chase the other company for money if I claim from my own policy.

I'm actually so down about this. It's so frustrating /

Unfortunately, that is technically correct. Some insurers are very lazy and incompetent about pursuing recoveries.

If the other motorist had no insurance and no money I could accept an insurer not pursuing an action. However, discretion or not, the insurer cannot just throw away the issue of recovery especially if they have adequate evidence to verify that there is a good chance of winning.

Chase the insurers. Have they spoken to the Gardaí yet ? Have they got an abstract report yet ? Did your passengers give statements to Gardaí ? Did the Gardai take formal statements from your passengers ? The to do list could go on and on....

If the insurers see that you are taking an active interest in this they might sit up. If they start messing you around you could always threaten them with the Financial Services Ombudsman on the basis that they have not been professional or competent in their handling of the claim. You can also say that a failure to exercise recovery remedies against the other driver will cause you financial prejudice in terms of lost NCD and the years taken to recover it if there is no NCD protection.

Conduct your communications with the insurers in writing so that you have something to exhibit if you need to complain. I never cease to be amazed at how many insurance company claims staff suffer from amnesia about the contents of telephone calls.

I appreciate just how frustrating and depressing this type of situation can be. Worrying about it will not fix it. Take a deep breath and take action. You have been given good suggestions in this thread.