Car Insurance Question

angela1711

Hi,

My partner was in a car accident. It was a head on collison. The guy that crushed into him was on the wrong side of the road driving with a high speed. He is going to be charged with dangerous driving causing body harm. Anyway, we had to buy a new car and have troubles insuring it now as the premium has substantially gone up.
We were told by our current insurer that the other guy made a claim against my boyfriend and the result it’s still pending. Until this is sorted my partner is not allowed to change to a different insurance company.

Two questions, once he is convicted which will take a couple of weeks from now will the insurance company restore my partners no claim bonus status ? Will they lower the premium ?

Question number two, the accident was completely the other guys fault. Can he get any compensation for injuries suffered ?

Sorry if this post is somewhat hectic but I am absolutely livid sitting here. It’s another 2 weeks before we can get into our solicitor to get any answers. I would appreciate if anyone could give us an opinion on this.

nuac

Mod
You cannot get legal advice on this forum. Talk to your solicitor - don't understand the delay you mention.
Leaving open for general discussion subject to forum rules

Samuel T. Cogley

Make sure you take the gob****e's insurance company for every cent you're owed. If your solicitor is in somesort of hibernation, get another solicitor.

angela1711

Samuel T. Cogley wrote: »

Make sure you take the gob****e's insurance company for every cent you're owed. If your solicitor is in somesort of hibernation, get another solicitor.

Well he didn’t have insurance so we have to go the MIBI road

angela1711

angela1711 wrote: »

Well he didn’t have insurance so we have to go the MIBI road

And I heard that he didint have a driving license either but somehow decided that he is entitled to claim against my boyfriend’s policy...

STB.

You are protected by the Motor Insurer’s Bureau of Ireland (MIBI) Agreement


https://www.mibi.ie/making-a-claim/uninsured-unidentified-vehicles.421.html

Eggs For Dinner

Are the pending prosecutions just for the no insurance and no licence or does it include dangerous driving too? If it is only for the licence and insurance, you will have to wait until the facts of the accident areestablished, as breaking the law on these 2 points never caused an accident. A conviction on one of the parties for dangerous driving is a great help to insurers in establishing liability.

The person who has lodged a claim against you has caused this hardship, no doubt ably assisted by his solicitor. Your insurer is obliged to answer the charges made against you. It's amazing how some irish drivers have necks made out of jelly, while others have a neck like a jockey's bollicks

angela1711

Eggs For Dinner wrote: »

Are the pending prosecutions just for the no insurance and no licence or does it include dangerous driving too? If it is only for the licence and insurance, you will have to wait until the facts of the accident areestablished, as breaking the law on these 2 points never caused an accident. A conviction on one of the parties for dangerous driving is a great help to insurers in establishing liability.

The person who has lodged a claim against you has caused this hardship, no doubt ably assisted by his solicitor. Your insurer is obliged to answer the charges made against you. It's amazing how some irish drivers have necks made out of jelly, while others have a neck like a jockey's bollicks

It includes dangerous driving causing body harm too. Gardaí has no doubt that it was the other lad's fault. Its just that we need to wait for him to be convicted before they can issue anything official for the insurance company.

NUTLEY BOY

If the other party is convicted of dangerous driving (or the lesser charge of careless driving) that does not settle the issue of civil liability. It is damaging but not conclusive evidence against him.

If the accident was 100% the other driver's fault he cannot get compensation for his injuries as the system is fault based.

BTW the BF will probably be subpoenaed to the District Court as a prosecution witness. If that happens BF might inform his solicitor so that he can keep a watching brief on the evidence if this is going to be a contested case. Probability is that the other fellow will plead guilty to a lesser charge of careless driving.

And finally, the bad news. If the other motorist pursues a claim against OP's BF he [other party] is entitled to issue legal proceedings even on a speculative basis. This will incur outlay by the BF's insurers and that may affect his NCD unless that expenditure is recovered in full. The conventional wisdom on this point is that the NCD is a no claims discount as distinct from a no blame discount. I make this point distinctly from any issue of NCD loss where a comprehensively insured vehicle is damaged by an uninsured motorist.

Eggs For Dinner

I think Nutley has ably described the situation where one party to an accident will always find a solicitor to make a speculative claim on their behalf, even if they are the only one to be prosecuted for dangerous driving. This will incur costs to defend, with practically zero chance of recouping it