car wrote off by drink driver

IvoryTower

Hey,

Not sure if anyone would know this but lets see

My car was crashed into while it was parked. The guy was arrested, I think he was drinking, I didnt ask any questions really(I had just climbed out of bed). It looks like it's probably wrote off, anyone who's seen the picture suggested so. I only had 3rd party insurance so I have to wait for his insurance to accept liability.

Now the problem is he's just not answering his phone and wasn't there when they called to the house. He's clearly taking the piss. I spoke to the car compound and they said he has been in touch with them, so his phone is working :pac: Anyway i'm just wondering how long the insurance company can wait before they have to accept liability. There were witnesses, cctv and he was arrested so there's no doubt about what happened as far as I can see. I'm guessing he's just going to try and ignore them forever, i can't see any other angle for him not bothering to answer.

Its only into the second week of it now but it's been pretty painful without a car and I can't afford to rent one. Just getting taxis for now. Worried this is going to drag on....

1hnr79jr65

Have you contacted his insurance company yourself?

If not, I would get onto them and explain the above, i would also go to relevant Garda station and get pulse id for the incident to provide to insurance company.

Keep a copy of cctv and other information for yourself and also send a copy of details to your own insurance company.

I would also look at various sites online for current market value of your car, as very likely the other insurance company will make attempt to low ball offer to you for your "scrap". Might be worth getting independent report into the structural and other damages to your car from Simi registered mechanic to back up your claim, may cost you a couple hundred.

Do not accept first offer his insurance puts on table, again due to likely low ball offer.

Probably best not contacting the defendant as he may make something up or claim harassment or worse. If you dont know this person you may not know how they will react to you trying to contact him as he faces ban from roads and possibly fine and/or jail time which could affect personal life/access to kids and may wish to assign "blame" even though he at fault.

I would not agree to deal with driver "off the books" due to fact it was drink driving issue.

IvoryTower

Hi Sour, thanks for that. Yes I got the pulse number and contacted his insurance. They just say he's not answering his phone and until then they won't accept liability.

IvoryTower

When you're comparing to other cars on the market should it be slightly in your favour, as in, mileage not higher, year not lower kind of thing. Like if you've 60k miles on a car i assume they can't give you the price on a car that is the exact same but with 70k miles? Or do you just argue back to say 10k miles should be worth more etc?

brightspark

Definitely be prepared to haggle.

Over 10 years ago I had a car written off mainly as any repair would have cost more than the car was worth (a twelve year old petrol civic, which I had been considering changing for a diesel anyway).

The assessor tried to devalue my car from their book value as the tyres were worn (but still legal at the time), he tried saying €100 per tyre, at the time I don't think I had ever paid more than €50 per tyre. The NCT date being imminent was also used as an attempt to lower the payment (I told him I expected it to pass without any problems)

I think at the end I got what I would have probably sold the car for before the crash, not really enough to have replaced the car with a similar car, but it did mean I was a cash buyer for my next car without having to worry about trade in etc.

Eggs For Dinner

IvoryTower wrote: »

Hi Sour, thanks for that. Yes I got the pulse number and contacted his insurance. They just say he's not answering his phone and until then they won't accept liability.

You'll appreciate that the other insurer is entitled to hear their client's version of events before settling the claim, even though it will be pretty obvious. However, 2 weeks is more then enough time for them to give him a chance and this cannot continue indefinitely. Politely give them a deadline of a few more days or you are off to a solicitor. There are firms out there who specialise in this type of thing and don't charge you for their services, they bill the 3rd party.

IvoryTower

That's good to know thanks

1hnr79jr65

IvoryTower wrote: »

Hi Sour, thanks for that. Yes I got the pulse number and contacted his insurance. They just say he's not answering his phone and until then they won't accept liability.

IvoryTower wrote: »

When you're comparing to other cars on the market should it be slightly in your favour, as in, mileage not higher, year not lower kind of thing. Like if you've 60k miles on a car i assume they can't give you the price on a car that is the exact same but with 70k miles? Or do you just argue back to say 10k miles should be worth more etc?

Even if he wont answer phone to his insurance company, they still have a duty to you in a respectable time frame to close this issue. As "Eggs For Dinner", give them 2 weeks, be firm on the date and time you expect to hear by and advise you will be retaining a solicitor if you do not head back by then.

Keep a written/typed log of all communications with dates and times and summary of what was discussed. If you need something they said from your calls with them, they keep calls recorded so you can request those via data access request.

When comparing your car try keep as accurate as possible, like for like.

Same year, color, style, upgrades, alloys, fuel type, mileage (as close as can be, round down if you have to within reason) and so on, all these factors can have affect on money you get back from this. If your car is not import, do not compare to an import.

Also only compare prices with sales from garages (preferably simi registered) as they will try argues that Jane from Co Meath selling same car as yours for half the value the garage selling. Your backup on this is Jane may not be selling a serviced or good car, could be hidden mechanical defects, your car may have had warranty from garage etc......

Find a good solicitor now, not later, you do not have to retain their services immediately. Find out what their costs are on paper/email and if goes to court you can argue for their fees too.

Jim2007

Sour Lemonz wrote: »

Even if he wont answer phone to his insurance company, they still have a duty to you in a respectable time frame to close this issue. As "Eggs For Dinner", give them 2 weeks, be firm on the date and time you expect to hear by and advise you will be retaining a solicitor if you do not head back by then.

The insurance company has obligations to it's clients not the OP.

Eggs For Dinner

Jim2007 wrote: »

The insurance company has obligations to it's clients not the OP.

They also have a duty to their other policy holders to ensure the communal fund does not incur unnecessary costs as a result of this delay. The policy holder is in breach of his policy conditions by not cooperating with his insurer in the handling of a claim. There comes a point when they will call him out on it

IvoryTower

They said he finally rang them and they're hopefully meeting him on Monday....

Jim2007

Eggs For Dinner wrote: »

They also have a duty to their other policy holders to ensure the communal fund does not incur unnecessary costs as a result of this delay.

Only in your mind.

Eggs For Dinner wrote: »

The policy holder is in breach of his policy conditions by not cooperating with his insurer in the handling of a claim. There comes a point when they will call him out on it

That is entirely between the insurance company and their client. They are under no obligation to take notice of a random individual calling them up.

Eggs For Dinner

Jim2007 wrote: »

Only in your mind.



That is entirely between the insurance company and their client. They are under no obligation to take notice of a random individual calling them up.

I've explained the correct situation, I'm not asking you to like or accept it

Marcusm

Jim2007 wrote: »

Only in your mind.



That is entirely between the insurance company and their client. They are under no obligation to take notice of a random individual calling them up.

They are when that individual is contacting them making a claim backed up by a Pulse crime number!

Henry Ford III

Jim2007 wrote: »

Only in your mind.



That is entirely between the insurance company and their client. They are under no obligation to take notice of a random individual calling them up.

I think you are well wide of the mark there Jim.

IvoryTower

The driver has accepted liability. I had a weird call with the insurance guy there where he's saying they're not responsible for the time its been in the compound since the accident.

That's hardly true is it? I might need to get a solicitor if they're going to push this.

1hnr79jr65

IvoryTower wrote: »

The driver has accepted liability. I had a weird call with the insurance guy there where he's saying they're not responsible for the time its been in the compound since the accident.

That's hardly true is it? I might need to get a solicitor if they're going to push this.

Did you get confirmation of liability in writing ?

If so i would be going straight to the solicitor with that and let them manage the situation for you.

Even if not in writing, take time of call and as close as accurate about what was said.

Jim2007

Jim2007 wrote: »

That is entirely between the insurance company and their client. They are under no obligation to take notice of a random individual calling them up.

Believe it or not (I only become aware of this fact after a friend was involved in a crash) it is up to the op to contact the other parities insurer and inform them he wishes to make a claim against them. So yes they very much have to take notice of an individual calling them up as that’s how it works.

How long it will take is a different story though, it could go on for months and months of not longer if heels are dragged by anyone. Though if he has admitted liability that should help move things much faster.

Seth Brundle

IvoryTower wrote: »

I might need to get a solicitor if they're going to push this.

There will be nobody looking out for your interests unless you engage a solicitor (as I assume you are not claiming through your own insurance).
Get a solicitor who will work for you. The other party and their insurance company for all intents and purposes don't want this to go any further and will do whatever they can to minimise the payout.