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Car accident settlement query

  • 31-07-2017 1:39pm
    #1
    Registered Users, Registered Users 2 Posts: 20


    Bit of a query about a 50/50 claim that is being settled at the minute.

    I was in an accident 2 years ago whereby somebody ran into the side of me at a junction. No witnesses/CCTV/admittance of fault (on her part!) has resulted in the claim finally being settled with each party paying half of others costs.

    I was a named driver on my aunts car and the car was wrote off. To cut a long story short my aunt was terminally ill and I handled all the correspondance as she was not able for it. They are now covering costs of 50% cost of the car (few hundred) my physio and medical bills. Its only a few hundred in total.
    The problem now is that my aunt passed away two months ago. The claims people are looking for some cert which I dont have and have no way of getting.
    As far as I am aware they are not aware she has passed away.

    Can somebody advice if I will be given cheque and will it be written out to her name. If they are aware that she has passed away will the cheque automatically go to her estate?

    Also somebody may ask I compensated her for the car at the time therefore I am getting my money back.


Comments

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


    Mod
    Suggest you talk to your aunt's personal representative
    If that is yourself, talk to your solicitor
    Leaving open for general discussion, but complying with rule against legal advice here


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Two separate matters here ;

    1. OP -v- other motorist and
    2. OP's aunt -v- other motorist.

    1. OP is fully entitled to deal in his own right with his claim only.

    2. Settlement cheque to OP's aunt goes to her estate.
    OP must then seek repayment as a creditor of the estate.

    The "cert" that the claims people are looking for is probably a discharge form to record formally the settlement. In view of the demise of OP's aunt I doubt that OP has legal authority to sign any such document. Looks more properly to be a matter for the executor of the estate to sign as part of the exercise in gathering in the assets.

    This question also poses a theoretical tickler. On what legal basis would OP be entitled to recover the value of the vehicle - which he paid to his aunt - from her estate ?

    At the time of the accident OP would have been his aunt's agent as driver of the car and she would have been vicariously liable for his negligence. However, would OP's aunt not have a right to seek indemnity, in turn, from OP for his negligence in damaging her property ?

    If you assume for argument that liability for the accident is accepted as being 50% OP and 50% other driver would OP not be limited to seeking 50% from the estate ?


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