Rear ended, how long do I have to make a claim?

heritz

Hi all,

Somebody rear ended my car at a roundabout a couple of days ago. I have all his details and he accepted he's at fault. However, he wants to settle privately so his premium doesn't go up.

Now the story is, he doesn't have the cash at hand, so he's willing to pay for the damage by the end of October. We are talking of ~ €1000 worth of damage (nothing major). His car had an expired NCT and Tax disc. His insurance is still valid for several months.

I don't mind to wait for the man to pay up, but if he doesn't, can I make a claim in October? or would it be too late? how long do consumers normally have to make a claim?

Thanks!

Henryhill2

Contact your insurance with all the details

Henryhill2

He could be in trouble,they may cancel his insurance but you still need to notify yours

listermint

Straight to Insurance company, There is nothing here to indicate this person will reliably pay anything . They will prob ditch the car and pretend it was never theres and stolen.

You should not give this a moments thought. Leave out the NCT and Tax information when speaking with the insurer.

peter4918

listermint wrote: »

Straight to Insurance company, There is nothing here to indicate this person will reliably pay anything . They will prob ditch the car and pretend it was never theres and stolen.

You should not give this a moments thought. Leave out the NCT and Tax information when speaking with the insurer.

Contact your insurance ASAP but why would you leave out his tax and NCT inormation or lack of when speaking to them?

Henryhill2

peter4918 wrote: »

Contact your insurance ASAP but why would you leave out his tax and NCT inormation or lack of when speaking to them?

I would prob leave it out too unless asked

His insurer may find out though and cancel his policy unfortunately for him

Kenny Logins

peter4918 wrote: »

Contact your insurance ASAP but why would you leave out his tax and NCT inormation or lack of when speaking to them?

It's not relevant, and they won't care anyway unless they are asked to dig into their pockets to pay out.

_Brian

Report the accident straight away.

You have 104weeks to lodge a case with PIAB.

mrcheez

heritz wrote: »

Now the story is, he doesn't have the cash at hand, so he's willing to pay for the damage by the end of October.

If he wants to pay privately he should sort the cash out immediately (get a loan or something).

Crazy for him to expect you to wait till end of October.

He can repay his loan in October.

mikeecho

Contact your insurance company, supply them with all relevant information.

Inform them that the other driver has accepted responsibly and is willing to settle without making a claim.

That way it will be on record.

If bucko doesn't pay you, then inform your insurance company that you wish to pursue a claim against his company.

Simples.

Alanstrainor

OP, we've seen plenty of threads like these in the past. My advice would be to contact your insurer and let them handle this. This fella is already messing about asking you to wait until the end of October for cash, who's to say he'll even be in the country then.

Just call your insurer and give them all the details. You pay them a lot of money to take care of you in situations just like this, so now is the time to get your moneys worth.

DaveyDave

Henryhill2 wrote: »

peter4918 wrote: »

Contact your insurance ASAP but why would you leave out his tax and NCT inormation or lack of when speaking to them?

I would prob leave it out too unless asked

His insurer may find out though and cancel his policy unfortunately for him

That's what he gets for deciding to drive without tax or NCT, then causing an accident by not driving with care.

I'm not saying take him to the cleaners, but feck him, I wouldn't be doing him any favours.

mgbgt1978

Just to try and set the record straight .I'm sure an Insurance Expert can advise further.
Unless the OP has Fully Comp then his own Insurer will not be of any help in this.
I'm not saying he shouldn't notify them of the Event, simply pointing out that it's not their job to chase his Claim if he is only insured 3rd Party.

McCrack

mgbgt1978 wrote: »

Just to try and set the record straight .I'm sure an Insurance Expert can advise further.
Unless the OP has Fully Comp then his own Insurer will not be of any help in this.
I'm not saying he shouldn't notify them of the Event, simply pointing out that it's not their job to chase his Claim if he is only insured 3rd Party.

Yes

Its nothing to do with the OPs own insurer

Its a matter for the insurer of the driver that impacted into the OP to compensate

goat2

Since he did not have tax or NCT on his car, I would expect he would not have the 1000 either,

Atlantic Dawn

If he wants to keep his no claims he will beg and borrow the money from friends, clearly he isn't arsed, go straight through the insurance, have no more communication with him.

The tax and insurance being out will have no bearing on whether his insurance will pay out to you.

mgbgt1978

...and to add further. If he were to 'go through' his own Insurer (Fully Comp) they would have his car repaired and then chase the other Party's Insurer for the Cost.
If they were unsuccessful the OP could find himself in the position of losing his no-claims and having a Claim on his record....unless he could get the MIBI to pay his Insurer in full.

Eggs For Dinner

Firstly, It rarely works out well trying to settle these things privately. Sob stories turn in to reneging when the bill arrives

Report the matter to your insurers, as you are obliged to under the terms of your policy. It doesn't mean you want to pursue a claim.

Lodge a claim against his insurance. Let them settle your loss. Your own insurers will not pursue the 3rd party on your behalf unless they have dealt with your damage as a claim under your own policy. He will have the right to repay his insurers when settled to remove the claim from his policy.

mgbgt1978

Always remember OP, if the shoe was on the other foot there would (alright, could) be an extremely injured person chasing you for personal injuries right now .

OldMrBrennan83

When people say to contact your insurer, I had similar a few weeks ago and when I contacted my insurer (other party had admitted fault) they said it was nothing to do with them when it wasn't my fault and to call his insurance.

Eggs For Dinner

Patww79 wrote: »

When people say to contact your insurer, I had similar a few weeks ago and when I contacted my insurer (other party had admitted fault) they said it was nothing to do with them when it wasn't my fault and to call his insurance.

You have to notify your insurer of any accident. As explained earlier, perhaps they were saying it has nothing to do with them if you wanted them to pursue a claim against the 3rd party on your behalf, which is right

OldMrBrennan83

Eggs For Dinner wrote: »

You have to notify your insurer of any accident. As explained earlier, perhaps they were saying it has nothing to do with them if you wanted them to pursue a claim against the 3rd party on your behalf, which is right

They didn't want any details whatsoever, just basically told me it wasn't their concern.

Eggs For Dinner

Patww79 wrote: »

They didn't want any details whatsoever, just basically told me it wasn't their concern.

I can't account for bad advice. It's in your policy (and everyone else's)

Was it your insurer or broker you were on to?

OldMrBrennan83

Eggs For Dinner wrote: »

I can't account for bad advice. It's in your policy (and everyone else's)

Was it your insurer or broker you were on to?

I think broker actually now that you say it. It would have went no further.

Eggs For Dinner

Patww79 wrote: »

I think broker actually now that you say it. It would have went no further.

If there is ANY possibility that the 3rd party, in your situation, could change their story or produce a mystery witness, notify your insurers directly about it now.

Outsiders see this as overkill, but failure to notify incidents promptly is the main reason insurers refuse indemnity

OldMrBrennan83

Eggs For Dinner wrote: »

If there is ANY possibility that the 3rd party, in your situation, could change their story or produce a mystery witness, notify your insurers directly about it now.

Outsiders see this as overkill, but failure to notify incidents promptly is the main reason insurers refuse indemnity

I have front and rear cameras and my car is fixed and paid for and all. I still ended up big time out of pocket because of it all but that's a long story and only a by-product rather than directly.

McCrack

Eggs For Dinner wrote: »

Firstly, It rarely works out well trying to settle these things privately. Sob stories turn in to reneging when the bill arrives

Report the matter to your insurers, as you are obliged to under the terms of your policy. It doesn't mean you want to pursue a claim.

Lodge a claim against his insurance. Let them settle your loss. Your own insurers will not pursue the 3rd party on your behalf unless they have dealt with your damage as a claim under your own policy. He will have the right to repay his insurers when settled to remove the claim from his policy.

There is no requirement for an insured to report a material damage accident to their own insurer when it is entirely the fault of another person

It is not a term of business/policy as you suggest

It has nothing whatsoever do do with the OPs insurer

Henryhill2

McCrack wrote: »

There is no requirement for an insured to report a material damage accident to their own insurer when it is entirely the fault of another person

It is not a term of business/policy as you suggest

It has nothing whatsoever do do with the OPs insurer

From memory my policy says any accident which may give rise to a claim must be reported

No telling what the other party may do in most cases regardless of actual fault

I'd be reporting all incidents anyway

treascon

McCrack wrote: »

There is no requirement for an insured to report a material damage accident to their own insurer when it is entirely the fault of another person

It is not a term of business/policy as you suggest

It has nothing whatsoever do do with the OPs insurer

100% incorrect

Eggs For Dinner

McCrack wrote:

There is no requirement for an insured to report a material damage accident to their own insurer when it is entirely the fault of another person

You are wrong about that

McCrack

Henryhill2 wrote: »

From memory my policy says any accident which may give rise to a claim must be reported

No telling what the other party may do in most cases regardless of actual fault

I'd be reporting all incidents anyway

A potential claim against your own policy yes

That is not what has occurred here

The OP was rear ended

Liability is not with his insurer

It has nothing to do with his insurer

Eggs For Dinner

Henryhill2 wrote:

From memory my policy says any accident which may give rise to a claim must be reported

Correct. If negotiations with the 3rd party don't work out you may want to claim under your own policy. In addition, just because you don't think you are liable for the accident, doesn't mean you aren't. It's not your decision to make

Henryhill2

McCrack wrote: »

A potential claim against your own policy yes

That is not what has occurred here

The OP was rear ended

Liability is not with his insurer

It has nothing to do with his insurer

That's a view you have and good luck to you with it

McCrack

Eggs For Dinner wrote: »

Correct. If negotiations with the 3rd party don't work out you may want to claim under your own policy. In addition, just because you don't think you are liable for the accident, doesn't mean you aren't. It's not your decision to make

The OP was rear ended

Liability is not in issue

The driver that rear ended him is liable for the material damage and any personal injury which may arise

Theres no controversy here

Eggs For Dinner

McCrack wrote:

A potential claim against your own policy yes

You need to know that there is a difference between claim and liability. Just because the 3rd party is liable, doesn't mean the OP might not claim for his damages under his own policy should he wish to do so

McCrack

Eggs For Dinner wrote: »

You need to know that there is a difference between claim and liability. Just because the 3rd party is liable, doesn't mean the OP might not claim for his damages under his own policy should he wish to do so

Why on earth would the OP claim under his own policy for damage caused by somebody else where liability is completely against the other driver?

Odyssey 2005

I would be on to his insurance co. By all means op,notify your own but u less you have comp they won't want to know. Give his co a day or so to contact him,then press the issue of repairs with them. There's is a very little chance of him paying up. This unfortunately has happened to me and Mrs O in the past and in all cases I've found the other parties ins co most amenable.

Eggs For Dinner

McCrack wrote:

Why on earth would the OP claim under his own policy for damage caused by somebody else where liability is completely against the other driver?

Because the 3rd party may declare a different set of circumstances to his insurers, meaning it may take time to establish liability. In the meantime, the OP might want his car fixed quickly. They will then pursue the 3rd party for recovery, with no ill effect on the OPs policy on success.

Anyway, the point is, you must report all accidents which MAY give rise to a claim to your insurer. It's in your policy too, have a read

mr c

would going and reporting to the Gardai and both give statments with the other party admitting liability in full leave you safe regarding been at fault ( but way to much hassle for you i suposse so why should you do such a thing)
personally i wouldnt entertain a person who cant pay up within a short period as said
if they were serious about paying they would get the money from somewhere
im all for someone avoiding claiming of there own insurance for such a small claim its understandable
but not unless paid within 3-4 days I would think is fair , and should not leave you at risk
somebody asking you to be so leniant now is just going to keep taking more and more of your good nature i would suspect
Hpe you get sorted O.P.

McCrack

Eggs For Dinner wrote: »

Because the 3rd party may declare a different set of circumstances to his insurers, meaning it may take time to establish liability. In the meantime, the OP might want his car fixed quickly. They will then pursue the 3rd party for recovery, with no ill effect on the OPs policy on success.

Anyway, the point is, you must report all accidents which MAY give rise to a claim to your insurer. It's in your policy too, have a read

This is a rear end

There is no question of liability against the OP

You're failing to grasp that point

Eggs For Dinner

McCrack wrote: »

This is a rear end

There is no question of liability against the OP

You're failing to grasp that point

I'm not disputing liability. I initially advised the OP to claim against the 3rd party's insurance. However, he is obliged to tell his own insurers about it "for record purposes" as per the terms of your policy

Myself and other posters have pointed this out to you. No skin off my nose if you can't grasp that

OldMrBrennan83

Eggs For Dinner wrote: »

I'm not disputing liability. I initially advised the OP to claim against the 3rd party's insurance. However, he is obliged to tell his own insurers about it "for record purposes" as per the terms of your policy

Myself and other posters have pointed this out to you. No skin off my nose if you can't grasp that

Why do they need to know anyway (I'm not disputing that they need to). Is it just to give you a bump in premium anyway?

daheff

Op

you need to tell your insurer. What you might find has happened is the other part told you they'll sort you out, but might already have started a claim on your insurance. Chancers like this get up to all sorts of shenanigans.
Claim off his insurance. If he wants to keep his ncb he can repay them. your only concern is to get your costs paid.

CrankyHaus

The first thing to do is to get straight onto the other driver's Insurers, immediately, and seek recompense from them.

McCrack

Eggs For Dinner wrote: »

I'm not disputing liability. I initially advised the OP to claim against the 3rd party's insurance. However, he is obliged to tell his own insurers about it "for record purposes" as per the terms of your policy

Myself and other posters have pointed this out to you. No skin off my nose if you can't grasp that

This is interesting

I invite you now to quote from your ts and cs (incl clause no) that obliges an insured to notify his insurer of an accident when there is no liability against him. Identify the insurer too

Henryhill2

You could end.up with some d1ck claiming off you and not having notified your insurer,risky imo.

I met an insurance investigator recently.He said 2 things.

Notify your insurer and don't make admissions at the scene of an accident.

I thought I was 100% in the wrong but by the time he had finished evaluating the incident it looked more 50/50

Alanstrainor

Alanstrainor wrote: »

OP, we've seen plenty of threads like these in the past. My advice would be to contact your insurer and let them handle this. This fella is already messing about asking you to wait until the end of October for cash, who's to say he'll even be in the country then.

Just call your insurer and give them all the details. You pay them a lot of money to take care of you in situations just like this, so now is the time to get your moneys worth.

I have read this many times over the years and assumed it worked this way but it doesn’t as I’ve seen recently with a friend. Your insurance company will not look after it (despite what we pay them) unless you are claiming from them straight away. My friend was advised to contact the other parties insurer to give a statement and to find out if they were accepting blame, their own company would not do any of this and asking other people since it appears to be how it works. It is only if you claim from them and ask them to reclaim (a risky thing to do imo) will they take over immediately.

In the ops case he will be asked to contact the insurance company of the person who hit him, find out if they are accepting liability and give a statement on what happened. As the person won’t even have reported it to their company and they will know nothing about it then it’s going to be a bit of a messy affair.

Eggs For Dinner

McCrack wrote: »

This is interesting

I invite you now to quote from your ts and cs (incl clause no) that obliges an insured to notify his insurer of an accident when there is no liability against him. Identify the insurer too

It’s in ALL of them, but as an example, have a look at Aviva’s

http://www.aviva.ie/media-library/MotorCare-Policy-Booklet.pdf

Page 2 and Page 10, 2a

Before you focus on the word ‘may’ in give rise to a claim I have already explained that the insured ‘may’ decide to claim for his own damages if the 3rd party starts playing silly beggars, a passenger in the OP’s car ‘may’ sue him for any injuries (thought liability will ultimately rest with the 3rd party) and the 3rd party ‘may’ lie and say the OP reversed in to him. All of the above DO happen and the insurer needs to have a record of the event on file in a timely fashon

Anyway, I’m out…….

McCrack

Eggs For Dinner wrote: »

It’s in ALL of them, but as an example, have a look at Aviva’s

http://www.aviva.ie/media-library/MotorCare-Policy-Booklet.pdf

Page 2 and Page 10, 2a

Before you focus on the word ‘may’ in give rise to a claim I have already explained that the insured ‘may’ decide to claim for his own damages if the 3rd party starts playing silly beggars, a passenger in the OP’s car ‘may’ sue him for any injuries (thought liability will ultimately rest with the 3rd party) and the 3rd party ‘may’ lie and say the OP reversed in to him. All of the above DO happen and the insurer needs to have a record of the event on file in a timely fashon

Anyway, I’m out…….

So what is says is:

...let us know immediately about any event which may give rise to a claim under this policy with all the details we may need (emphasis added);

Now clearly that obliges (which I have never said otherwise) an insured to report an accident to their insurer if there is any potential liability against them.

In this instance the OP was rear ended

Liability is not a concern for him or his insurer

Therefore there is no requirement to report the accident to his own insurer

The OP takes the issue up with the insurer for the driver that rear ended him

I hope this helps

Eggs For Dinner

Do you even read someone's comments before you reply to them? I've explained the situation. If you want to think 'claim' and 'liability' are the same thing, there is no point in discussing it

McCrack

Eggs For Dinner wrote: »

Do you even read someone's comments before you reply to them? I've explained the situation. If you want to think 'claim' and 'liability' are the same thing, there is no point in discussing it

Well you see 'liability' and 'claim' are synonymous because without liability you don't have a claim

OP was rear ended - and as I have to keep explaining - liability rests with the driver that rear ended him