Claiming after an accident

sullivlo

(mods feel free to move this if it's in the wrong section)

I had an accident last week. The driver was at fault. My bike is broken but fixable. I went to a&e twice (again yesterday for a follow up injury that wasn't sore on the day of the accident). I've minor injuries and was very lucky.

The gardai said that the driver was at fault. I was in a cycle lane going straight through a junction, he was turning right and didn't drive with due care and attention. We both had a green light.

Now it gets complicated. The driver is Spanish. The car is registered in Spain and his insurance company is Spanish.

Has anyone any experience in dealing with a foreign insurance company?

I don't want to go down a legal route - I just want my bike fixed, my helmet replaced and whatever bill the ambulance/hospital send me to be paid. But I have absolutely no idea where to even begin. The PIAB comes up in google, but honestly I don't think bruises/cuts justifies injuries.

I don't have the drivers details - I was taken by the ambulance before I got a chance to get them. But the gardai have them.

Nothing is ever simple

cruizer101

I can't offer any direct advice but reckon you would be better posting in the insurance forum, there might be few over there with more knowledge on claiming from drivers from other countries who wouldn't be on the cycling forum at all.
http://www.boards.ie/vbulletin/forumdisplay.php?f=1765

rollingscone

sullivlo wrote: »

(mods feel free to move this if it's in the wrong section)

I had an accident last week. The driver was at fault. My bike is broken but fixable. I went to a&e twice (again yesterday for a follow up injury that wasn't sore on the day of the accident). I've minor injuries and was very lucky.

The gardai said that the driver was at fault. I was in a cycle lane going straight through a junction, he was turning right and didn't drive with due care and attention. We both had a green light.

Now it gets complicated. The driver is Spanish. The car is registered in Spain and his insurance company is Spanish.

Has anyone any experience in dealing with a foreign insurance company?

I don't want to go down a legal route - I just want my bike fixed, my helmet replaced and whatever bill the ambulance/hospital send me to be paid. But I have absolutely no idea where to even begin. The PIAB comes up in google, but honestly I don't think bruises/cuts justifies injuries.

I don't have the drivers details - I was taken by the ambulance before I got a chance to get them. But the gardai have them.

Nothing is ever simple

Contact the MIICI at www.mibi.ie with the Spanish Insurers details and critically the registration.

They will provide you with details of the Irish agent for the Spanish Insurer as under European 4th Directive Rules you are entitled to deal with an agent in your own jurisdiction bound by your own jurisdictional norms.

In other words you'll deal with an Irish based claims agency (usually an insurer who handles the foreign insurers claims but sometimes a loss adjuster or other outsourced office) and be able to submit vouchers etc as standard.

Spanish insurers may be difficult to deal with even without the language barrier whereas the Irish agent will be a lot more inclined to deal with you in a fair and evenhanded manner as this is the market norm.

Beasty

Given the overseas angle I would be getting a solicitor involved. Their costs should be covered by the Spanish insurers also

Just to add I did not notice much in terms of "incremental" injuries for a while after someone rammed into the back of my car last August, but eventually had 3 slipped discs diagnosed and am still suffering from them as well as other after effects

ford2600

^^^^^good post

If there is any doubt as to the integrity of your frame/fork then there is no doubt i.e. get it written off.

If they give resistance tell them you want integrity guaranteed with xray or whatever ndt test they like. Testing will cost more than frame (probably I don't know your bike)

sullivlo

rollingscone wrote: »

Contact the MIICI at www.mibi.ie with the Spanish Insurers details and critically the registration.

They will provide you with details of the Irish agent for the Spanish Insurer as under European 4th Directive Rules you are entitled to deal with an agent in your own jurisdiction bound by your own jurisdictional norms.

In other words you'll deal with an Irish based claims agency (usually an insurer who handles the foreign insurers claims but sometimes a loss adjuster or other outsourced office) and be able to submit vouchers etc as standard.

Spanish insurers may be difficult to deal with even without the language barrier whereas the Irish agent will be a lot more inclined to deal with you in a fair and evenhanded manner as this is the market norm.

Great, thanks. I'll get on to them tomorrow. I will ring the Garda to get the insurance details. Rookie mistake not to get them myself at the time

Any particular type of solicitor? I've never had the pleasure of dealing with one. I'm not even sure if I know any!

TGD

There's a misconception that you claim from an insurance company. Most won't even talk to you unless instructed by the driver and a process has been gone through. I think you need to chase the driver in the first instance and pressure the Garda to prosecute. Your solicitors costs won't be covered unless you get a settlement or award.

Kaisr Sose

OP
Go the MIBI route. The very knowledgeable poster seems to have covered all

http://www.mibi.ie/making-a-claim/foreign-vehicles.422.html

rollingscone

TGD wrote: »

There's a misconception that you claim from an insurance company. Most won't even talk to you unless instructed by the driver and a process has been gone through. I think you need to chase the driver in the first instance and pressure the Garda to prosecute. Your solicitors costs won't be covered unless you get a settlement or award.

I don't know what you're basing this on?

Aside from solicitors always getting paid. That part is true.

rollingscone

sullivlo wrote: »

Great, thanks. I'll get on to them tomorrow. I will ring the Garda to get the insurance details. Rookie mistake not to get them myself at the time

Any particular type of solicitor? I've never had the pleasure of dealing with one. I'm not even sure if I know any!

I'd be careful about a solicitor, you need someone who is competent in this type of litigation but not...overenthusiastic about your fees.

You have two years from the date of an incident to lodge a claim with the injuries board so there's no panic in the short term. Let your medical professionals / body guide you on that.

Again Irish rules will apply despite the foreign insurer.

magicbastarder

TGD wrote: »

There's a misconception that you claim from an insurance company. Most won't even talk to you unless instructed by the driver

So all a driver has to do to protect his or her NCB is instruct the insurance company not to talk to you?

Kaisr Sose

TGD wrote: »

There's a misconception that you claim from an insurance company. Most won't even talk to you unless instructed by the driver and a process has been gone through.

This is not true. Assuming the claim is genuine (an incident happened and the policy holder has told their insurer), the insurance company can settle without even discussing it with the policy holder. The claimant could initiate the process before the insured has told their insurers. In that case, the insurer would need to contact the insured to verify what happened , get a report and then they will deal with it. That's what they do. Deal with claims.

What is the process you outline?

sullivlo

TGD wrote: »

There's a misconception that you claim from an insurance company. Most won't even talk to you unless instructed by the driver and a process has been gone through. I think you need to chase the driver in the first instance and pressure the Garda to prosecute. Your solicitors costs won't be covered unless you get a settlement or award.

When I was claimed against as a driver I didn't deal with anything at all myself. The insurance company did it all. So I don't know where you got that idea from.

Also it's not up to me whether or not the gardai prosecute the driver. It's up to themselves. There's probably not enough evidence to prosecute anyway.

Will contact the Garda today and ask for the insurance details and take it from there.

RacoonQueen

I would go to the PIAB. When I was hit a few years ago I sent them an enquiry just out of interest and they ended up taking the case. Like you, I didn't really feel that a few cuts and bruises deserved getting a solicitor involved but the effects of the accident were far larger than I realised at the time. There were lots of other things I didn't take into account.
The cost of travel (public transport) in the days/weeks after the accident as I no longer had my bike
Replacing my bike shoes
Replacing my helmet
Fixing my bike up
Medical bills (they were higher due to the claim)
The races I had entered but could no longer do (his insurance company rightly paid out for that)

etc etc

It took the guts of a year for the claim to finally come through due to injuries and assessment of them.

End of the day it's up to you, the driver was in the wrong. I felt guilty at first when I was seeing what I was 'claiming' for - but they were financial losses to me based on someone elses error...it took months for me to get back training properly again.
The guy who hit me was very co-operative though. He called his insurance company pretty much straight away and they called before I even got back from hospital. He also called me that night to check on me. All that made me feel extra guilty for claiming, but again, I was injured, my bike was damaged, I ended up underneath his car, literally millimeters from his rear wheel going over me.

sullivlo

RacoonQueen wrote: »

I would go to the PIAB. When I was hit a few years ago I sent them an enquiry just out of interest and they ended up taking the case. Like you, I didn't really feel that a few cuts and bruises deserved getting a solicitor involved but the effects of the accident were far larger than I realised at the time. There were lots of other things I didn't take into account.
The cost of travel (public transport) in the days/weeks after the accident as I no longer had my bike
Replacing my bike shoes
Replacing my helmet
Fixing my bike up
Medical bills (they were higher due to the claim)
The races I had entered but could no longer do (his insurance company rightly paid out for that)

etc etc

It took the guts of a year for the claim to finally come through due to injuries and assessment of them.

End of the day it's up to you, the driver was in the wrong. I felt guilty at first when I was seeing what I was 'claiming' for - but they were financial losses to me based on someone elses error...it took months for me to get back training properly again.
The guy who hit me was very co-operative though. He called his insurance company pretty much straight away and they called before I even got back from hospital. He also called me that night to check on me. All that made me feel extra guilty for claiming, but again, I was injured, my bike was damaged, I ended up underneath his car, literally millimeters from his rear wheel going over me.

Never thought of public transport and races. I was due to do Triathy on Saturday. It was unlikely that I would have made it anyway, but I have another few events lined up, and being honest right now I don't feel ready to get on a bike

I just can't get over how lucky I am. One second earlier and I was under his wheel. Had I not swerved and braced myself for the impact I would have gone over my handlebars and over his car. It's scary.

RacoonQueen

In fairness, they're all things you don't think of. But with public transport etc buses and taxis for places I would normally cycle to, it was expense I wouldn't have had if I had my bike. It seems petty, but y'know it's not your fault he can't drive.
Mine happened 4 weeks before a marathon and had other races lined up. I think I had a Spring marathon lined up at the time as well which I also had to bail from and that would have been 6 months later.
Get back on a bike as soon as you have it / are pain free enough to get on. Maybe go out at an earlier time when there is less traffic on the road and just build up confidence again.

I changed jobs shortly after mine...turned a 10k cycle to work in busying into a 3k one with virtually no traffic. So was probably good for me to get used to being back on commuting in that.
Our office moved a few months later - turning it into a 16k commute. 4 weeks after the move I got hit again, by a right turning mammywagon heading down to the local school :pac: