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I intend to privately pay the other driver the cost of repairing his car.

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  • 24-07-2019 5:29pm
    #1
    roundcorner
    Registered Users Posts: 4 ✭


    After a car accident, I intend to privately pay the other driver the cost of repairing his car. If the other driver signed a receipt along the following lines, would it be legally binding?


    I have received X Euros from Driver 2 for the repair of my car.
    I agree not to seek any more money from Driver 2 in relation to the accident.

    Signed
    Driver 1


    The second line is there in case of any compensation claim in the future.


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    #2
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    you cannot sign away your rights, so i would guess that piece of paper is of very little use outside of being a receipt


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    #3
    Marcusm
    Registered Users Posts: 10,195 ✭✭✭✭Marcusm


    the_pen_turner wrote: »
    you cannot sign away your rights, so i would guess that piece of paper is of very little use outside of being a receipt

    Where did you come up with this legal nugget? How would any settlement out of court ever be enforceable if this was the case?


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    #4
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    the_pen_turner wrote: »
    you cannot sign away your rights, so i would guess that piece of paper is of very little use outside of being a receipt
    What rights would they be?


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    #5
    bfa1509
    Registered Users Posts: 1,022 ✭✭✭bfa1509


    roundcorner wrote: »
    After a car accident, I intend to privately pay the other driver the cost of repairing his car. If the other driver signed a receipt along the following lines, would it be legally binding?


    I have received X Euros from Driver 2 for the repair of my car.
    I agree not to seek any more money from Driver 2 in relation to the accident.

    Signed
    Driver 1


    The second line is there in case of any compensation claim in the future.
    If the other driver is any way sensible he will get a quote from a garage, reference it in the reciept and add a line in there that you will be responsible for the costs of any further repair that may be required that is not included in the original quote. I think that would be fair.


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    #6
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    roundcorner wrote: »
    The second line is there in case of any compensation claim in the future.
    When I hit another car, I paid the garage the cost of the repairs, and got a receipt for it. I also told my insurance that I paid the garage directly (in case the other person tried to say otherwise).


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    #7
    rd1izb7lvpuksx
    Closed Accounts Posts: 260 ✭✭rd1izb7lvpuksx


    bfa1509 wrote: »
    If the other driver is any way sensible he will get a quote from a garage, reference it in the reciept and add a line in there that you will be responsible for any further repair that may be required that is not included in the original quote. I think that would be fair.


    Yeah, the other driver would be really foolish to sign away the OP's liability. The fair thing to do is to pay for his repairs and get a receipt, so if it later goes through insurance, you have a record of monies paid.


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    #8
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    is_that_so wrote: »
    What rights would they be?

    the right to be componsated for all the damages resulting from the crash the op caused(presumably)


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    #9
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    bfa1509 wrote: »
    If the other driver is any way sensible he will get a quote from a garage, reference it in the reciept and add a line in there that you will be responsible for the costs of any further repair that may be required that is not included in the original quote. I think that would be fair.
    That'd be a blank cheque for any damage that the OP may not cause.


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    #10
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    Marcusm wrote: »
    Where did you come up with this legal nugget? How would any settlement out of court ever be enforceable if this was the case?

    i dont know how that works but i would assume that all damages are worked out and paid for so the contract or signed paperwork would be all parties agreeing that all damages were paid


    i have heard that several times


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    #11
    mickuhaha
    Registered Users Posts: 475 ✭✭mickuhaha


    The real question is was the car empty when you hit it or did it have people in it? If so they could in the future claim compensation for things other than the repair of the car.


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    #12
    bfa1509
    Registered Users Posts: 1,022 ✭✭✭bfa1509


    the_syco wrote: »
    That'd be a blank cheque for any damage that the OP may not cause.

    It's pretty much a blank check situation anyway, as garages often try and capitalise on these agreements. But on the other hand, I'm sure garages wouldn't want to risk a fraud case if the level of repair doesn't agree with cctv/dashcam footage.


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    #13
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    bfa1509 wrote: »
    as garages often try and capitalise on these agreements
    Not always. I used my regular garage who I give repeat business to, so they didn't fleece me; heck, it worked out a lot cheaper than the garage that she got her quote from.


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    #14
    rd1izb7lvpuksx
    Closed Accounts Posts: 260 ✭✭rd1izb7lvpuksx


    the_syco wrote: »
    Not always. I used my regular garage who I give repeat business to, so they didn't fleece me; heck, it worked out a lot cheaper than the garage that she got her quote from.


    It sounds like the person you hit was very accommodating. Typically, they're doing you a favour by not putting it through the insurance companies, so it's their choice of garage.


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    #15
    BohsCeltic
    Registered Users Posts: 1,574 ✭✭✭BohsCeltic


    Is it just me or have i stumbled now on a really confusing thread ?


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    #16
    rd1izb7lvpuksx
    Closed Accounts Posts: 260 ✭✭rd1izb7lvpuksx


    BohsCeltic wrote: »
    Is it just me or have i stumbled now on a really confusing thread ?


    Look, the important thing is that if you hit someone's car, it's your duty to run towards the gunfire.


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    #17
    ED E
    Registered Users Posts: 36,165 ✭✭✭✭ED E


    roundcorner.

    Tell

    Your

    Insurer

    No matter what you do, do that.


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    #18
    jmreire
    Registered Users Posts: 8,292 ✭✭✭jmreire


    ED E wrote: »
    roundcorner.

    Tell

    Your

    Insurer

    No matter what you do, do that.

    That's good advice. Contrary to what you hear ( horror stories about damages, insurance payout's etc) there are still honest people out there who only want their car back in pre accident condition, so it will not affect it's value, and that it s safe to drive., But honest or not, you are responsible, and in that sense, you are over the barrel. So go down the payment route after informing your insurance (as round corner advises,) then you are fully covered in case something unforeseen turns up. If it does work out for you, then you will almost certainly save money, over letting the insurance handle it.


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    #19
    BohsCeltic
    Registered Users Posts: 1,574 ✭✭✭BohsCeltic


    Noe Bitter Custodian wrote: »
    Look, the important thing is that if you hit someone's car, it's your duty to run towards the gunfire.

    There was some long post about something irrelevant from someone from Texas, must have been deleted.


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    #20
    bfa1509
    Registered Users Posts: 1,022 ✭✭✭bfa1509


    ED E wrote: »
    roundcorner.

    Tell

    Your

    Insurer

    No matter what you do, do that.

    Tell your insurer, but I definitely think it's worth paying for the damage outside the insurance company (if the person not-at-fault is cooperative of course).

    I've never been in an accident (touching wood) but I think it would be a nightmare to have a claim over your head. Losing the 50% no claims bonus + other charges that will loom over you for years and years. I'm not sure if there is any cost that I wouldn't try and settle outside insurance (unless I hit a ferrari or something)


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    #21
    con___manx1
    Registered Users Posts: 1,467 ✭✭✭con___manx1


    100% better to pay and not go through insurance. I had an accident this year. 1000 damage to my car and 1000 to theres. Went through insurance.
    I paid over double last year's premium without ever having an accident before. I did shop around aswell.


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    #22
    jmreire
    Registered Users Posts: 8,292 ✭✭✭jmreire


    bfa1509 wrote: »
    Tell your insurer, but I definitely think it's worth paying for the damage outside the insurance company (if the person not-at-fault is cooperative of course).

    I've never been in an accident (touching wood) but I think it would be a nightmare to have a claim over your head. Losing the 50% no claims bonus + other charges that will loom over you for years and years. I'm not sure if there is any cost that I wouldn't try and settle outside insurance (unless I hit a ferrari or something)

    The whole idea is not to "disturb" your insurance...so if the owner of the car you have damaged is agreeable, get it repaired and pay for it. Then all will be OK. None the less, you HAVE to inform your insurance, that you have had an accident, but there will not be any claim against the insurance, as you are paying for the repairs yourself, so no financial loss to them. You will have to give them all the details of course, but after that, it should be OK. No loss of your "no Claim's" bonus etc. This way, you have done everything 100%....just in case, that down the road, the other guy change's his mind, and decides that after all,,,he DOES have injury's ( which he has only recently discovered, after discussing it with his friends at the Pub) and lodges a claim against you...so your attempt to avoid using your insurance, has not worked, Now you have to pass the case to them, but no problem...they were kept in the loop, and you are covered...sure you will lose your No claims, but you would have lost it anyway when it became impossible to avoid involving the insurance.


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    #23
    jmreire
    Registered Users Posts: 8,292 ✭✭✭jmreire


    con___manx1 wrote: »
    100% better to pay and not go through insurance. I had an accident this year. 1000 damage to my car and 1000 to theres. Went through insurance.
    I paid over double last year's premium without ever having an accident before. I did shop around aswell.

    I've never had an accident ( touch wood) not in 30+ years of driving. Driving a 1.6 Skoda, Then in 2015, I bought a 2nd car for hacking around, using a trailer etc. 1st years insurance was €320.00, Fine and dandy. Roll on 2016, and new insurance quote came in the letterbox.......€1175.000. So after I got over the shock, I called them, sure that it was a mistake... but no, after checking , she assured me that it was correct. So I asked for an explanation she said that the reason I had gotten if for €320.00 last year was because the company allowed for my previous lack of claims, and gave me the benefit of it,but that was not possible anymore, so effectively, I had only one year's experience in that car and they priced the quote according to that. So you see, you don't even have to have a claim for your costs to rise. Insurance Company's in this Country are a Law on to themselves. But unless you give them all the relevant information on the proposal form that you fill in, then if you have a claim, and they discover that you gave them incomplete information, they may still pay up, but will chase you to hell and back to recover their costs. And that's the state of play here in Ireland regarding the Insurance "Industry".


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    #24
    bfa1509
    Registered Users Posts: 1,022 ✭✭✭bfa1509


    jmreire wrote: »
    I've never had an accident ( touch wood) not in 30+ years of driving. Driving a 1.6 Skoda, Then in 2015, I bought a 2nd car for hacking around, using a trailer etc. 1st years insurance was €320.00, Fine and dandy. Roll on 2016, and new insurance quote came in the letterbox.......€1175.000. So after I got over the shock, I called them, sure that it was a mistake... but no, after checking , she assured me that it was correct. So I asked for an explanation she said that the reason I had gotten if for €320.00 last year was because the company allowed for my previous lack of claims, and gave me the benefit of it,but that was not possible anymore, so effectively, I had only one year's experience in that car and they priced the quote according to that. So you see, you don't even have to have a claim for your costs to rise. Insurance Company's in this Country are a Law on to themselves. But unless you give them all the relevant information on the proposal form that you fill in, then if you have a claim, and they discover that you gave them incomplete information, they may still pay up, but will chase you to hell and back to recover their costs. And that's the state of play here in Ireland regarding the Insurance "Industry".
    They have us in a position that we are paying through the nose for a policy and living in fear of ever claiming! It really is no different to the "protection money" of Sicily's finest.

    I had a similar situation in 2016 where my premium more than doubled for no reason, and when I rang them up, the guy on the phone told me that the prices are going up across the board "but I can give you a discount of €30 taking your premium down to €1070" A discount? A DISCOUNT?? You add €700 onto the cost of my insurance and call it a DISCOUNT!!! I never thought I would ever shout down the phone at someone...


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    #25
    jmreire
    Registered Users Posts: 8,292 ✭✭✭jmreire


    bfa1509 wrote: »
    They have us in a position that we are paying through the nose for a policy and living in fear of ever claiming! It really is no different to the "protection money" of Sicily's finest.

    I had a similar situation in 2016 where my premium more than doubled for no reason, and when I rang them up, the guy on the phone told me that the prices are going up across the board "but I can give you a discount of €30 taking your premium down to €1070" A discount? A DISCOUNT?? You add €700 onto the cost of my insurance and call it a DISCOUNT!!! I never thought I would ever shout down the phone at someone...

    Yes, that about sum's it up, a climate of fear where insurance is concerned...and boxed in by the Law, as it's a legal requirement to have insurance. People are critical of drivers who are caught driving without insurance, or displaying a forged disc, does not mean that I approve of it, but I can understand why they do it. These massive increases kicked in back in 2016..and they claimed that the increase's were only in the order of between 15-17%....mine went up 300%. and I was not the only one. The Insurance Company's needed a a massive hard cash injection, and we were the source of that cash.


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    #26
    DelBoy Trotter
    Registered Users Posts: 1,475 ✭✭✭DelBoy Trotter


    con___manx1 wrote: »
    100% better to pay and not go through insurance. I had an accident this year. 1000 damage to my car and 1000 to theres. Went through insurance.
    I paid over double last year's premium without ever having an accident before. I did shop around aswell.

    That's not true, it depends entirely on the insurer. I have never had an accident, but my car was damaged by some little scumbags one night about 5 years ago. They did damage of about 4K. I went through my insurance and my premium never rose


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    #27
    jmreire
    Registered Users Posts: 8,292 ✭✭✭jmreire


    DelBoy Trotter wrote: »
    That's not true, it depends entirely on the insurer. I have never had an accident, but my car was damaged by some little scumbags one night about 5 years ago. They did damage of about 4K. I went through my insurance and my premium never rose

    About 5 years ago, so 2014 or there about's?? Those years will be remembered with nostalgia, when we speak about the "Good Old Day's" when Insurance was reasonably priced. And I guess that you had bonus protection taken out on it? Do you know of anyone from 2016 who has had the same experience?


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