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use of a car after a car accident

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  • 11-06-2018 12:24pm
    #1
    cbr9911
    Registered Users Posts: 10 ✭


    Hi am i entitled to the use of a replacement car after a car accident, the other person has admitted liability and i will be using his insurance to repair/replace my car, if i'm not entitled to a car can i claim for all costs incurred by me taxis ect.
    Thanks in advance.


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    #2
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    cbr9911 wrote: »
    Hi am i entitled to the use of a replacement car after a car accident, the other person has admitted liability and i will be using his insurance to repair/replace my car, if i'm not entitled to a car can i claim for all costs incurred by me taxis ect.
    Thanks in advance.

    Any "entitlement" there may be is an insurance issue depending on the terms of such, not a legal one.


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    #3
    Eggs For Dinner
    Registered Users Posts: 2,949 ✭✭✭Eggs For Dinner


    It is a legal issue as the OP is holding someone liable for their loss and not claiming under their own contract of insurance.

    To answer your question, if the 3rd party is liable, you are entitled to reasonable car hire as part of your claim for compensation. You must mitigate your loss as if there was no place to seek recovery of your outlay. This can be in the form of taxies etc., providing that is the more economical solution. In other words, you can claim a reasonable amount for a reasonable amount of time


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    #4
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    In theory.

    Basically you're "entitled" to not be in a worse position due to the accident. So if you would normally use your car on a day-to-day basis and you cannot do that while it's being repaired, then you would be entitled to claim for the reasonable cost of conducting that same activity. Sometimes that's taxis, sometimes it's a rental car.

    If you are claiming directly from his insurance company, then you will need to speak to them. They usually use a trusted repair centre, who will provide you with a vehicle to use.

    If your insurance company are claiming by proxy, then speak to them.

    But don't just go renting a car and then sending in receipts unless you want a headache.


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