What is the best thing to do?

cailin.

Hi all,

Looking for advice.

A car drove into the L side of my car in traffic whilst trying to change lanes. It was totally the other driver's fault.
There were no injuries, at the scene a witness came forward and provided me with their details. The other driver was a Novice driver and asked if we could settle the repair costs without involving insurers. I said fine. I did go to Gardai but they did not take a statement as I wanted to ensure the other driver was insured as I realised she didn't have an up to date insurance disc. She is insured.

I got a quote for the repair. It's going to cost 1300 but garage can offer a discount if payment is private.
I haven't invovled my insurers as am awaiting a response from the other driver.

I am envisioning a situation where they will ask for a 2nd quote(which is fine) and realistically the works will be expensive and they won't be able to afford pay. Both cars involved are older.

I'm a genuine person and want to sort this asap. Other driver now asking for pictures of damage etc(I took pictures of both cars at the scene).

How to proceed?

Kenny Logins

See what they say to the 1300?

I think you have to inform your insurer anyway.

CJhaughey

Inform your insurer of the accident and tell them the other party would like to settle privately.
The second the other party starts to mess around asking for different quotes go straight to their insurer and notify them you will be claiming off their insured party.

aristotle25

Send them the photos and quote. If any messing just claim off their insurance.

Kindness is often mistaken for weakness.

con747

Send the pictures and inform the other driver you will have to go through the insurance process if not resolved today as it will leave you in a bad light if you don't inform them in a reasonable amount of time, but I would leave insurance claim or even notification of incident as a last resort because you will most certainly be put on a higher premium next year as it will be a possible claim for injuries for either party involved. The last thing a novice driver should be doing is going through insurance for a minor claim as their policy will be heavily hit next renewal.

aristotle25

con747 wrote: »

but I would leave insurance claim or even notification of incident as a last resort because you will most certainly be put on a higher premium next year

Plenty of insurer in the market to get quotes from if your current insurer does that.
Is didnt happen in my case a few years ago anyways but things might have changed.

con747

It depends if you mention to other companies you had an accident in the past number of years that you need to declare. They hit me with a 30% increase because of a possible claim for injuries in the future. Your damned if you declare the accident and damned if you don't as it could void a future policy if not mentioned on any renewal forms from any insurer.

aristotle25

con747 wrote: »

It depends if you mention to other companies you had an accident in the past number of years that you need to declare.

I thought they ask if you had any claims rather than any accidents?

seagull

You need to let your insurance know. You don't want to wind up in a situation where she starts being awkward, and your insurance won't do anything because you haven't notified them.

In terms of quotes - go to the place you want to get the car repaired and get a quote from them. Give her the quote, and that's it. If she starts demanding additional quotes, go through her insurers. You're doing her a favour as is.

kirving

aristotle25 wrote: »

I thought they ask if you had any claims rather than any accidents?

They often ask both. If you get in "non-fault" accidents, it may very well be your own driving that's causing it.

If I was to brake test people on a regular basis, I would likely be found not at fault by an insurer, but am a big risk on the road. This isn't to start a debate, just giving a possible example.

con747

I agree, I think you have up to a week to report it to your insurance. Stand ready to be told otherwise just my thought. I would also have made sure the Garda you reported it to put it in the book. I always did because I drove for a living most my life and had a few accidents.......

Whocare

I would give the other drivers the chance he/she might be genuine .but I would tell the other driver you have 48 hours to pay the body shop so I can have this matter over and done with asap .if they can't settle the bill within 48hours gone through insurance .

_Kaiser_

What's the 2 cars involved, particularly the other car?

Approx age of the other driver?

Reason I'm asking (and based on their ask now for pictures - did they not take any themselves?), I'm guessing older car, younger driver, €1300 is a lot of money at short notice + other opinions when they got home = messing might start.

Be great to be wrong though but it seems the trend in these threads when the OP tries to be decent about it

cailin.

_Kaiser_ wrote: »

What's the 2 cars involved, particularly the other car?

Approx age of the other driver?

Reason I'm asking (and based on their ask now for pictures - did they not take any themselves?), I'm guessing older car, younger driver, €1300 is a lot of money at short notice + other opinions when they got home = messing might start.

Be great to be wrong though but it seems the trend in these threads when the OP tries to be decent about it

A Focus and a Peugot. Other driver is similar, mid 30s. Of course it's a lot of money but the car is going to be a write off unless repaired. And doesn't seem they took pics so I sent the ones I took of both cars at the site.

Thanks for all input.
I said I need a decision today as I can't delay informing my insurer any further so expecting a decision soon.

i57dwun4yb1pt8

you are going to get messed around ...

corks finest

cailin. wrote:

I'm a genuine person and want to sort this asap. Other driver now asking for pictures of damage etc(I took pictures of both cars at the scene).

Inform your insurance company ASAP ,no need to rush into making a claim ,but just to be on the safe side

newmember2

cailin. wrote: »

A Focus and a Peugot. Other driver is similar, mid 30s. Of course it's a lot of money but the car is going to be a write off unless repaired. And doesn't seem they took pics so I sent the ones I took of both cars at the site.

Thanks for all input.
I said I need a decision today as I can't delay informing my insurer any further so expecting a decision soon.

Other party probably asked for the photos to show someone who knows something about cars/repairs as maybe they're afraid you'll rip them off.

bmc58

Give her the quote from the reputable garage,tell her you have a witness to the accident.Don't let her mess you around.If she's not happy tell her we will sort it out through her insurance.

Cee-Jay-Cee

Contact them and tell them out straight that if you have not received payment for the full cost by Monday you are notifying their insurance company and lodging a claim. That gives them 4 days to gather the money which should be more than enough if they have it and are willing to pay. Don't accept sob stories or requests for a week or two to gather the money.

delly

I know it's been said multiple times already, but inform your insurance company of the incident as a matter of record asap. Most have it in their terms of business to inform them of an accident within a certain timeframe, otherwise you may be in breach of said terms.

con747

"https://www.aig.ie/our-blog/what-to-do-if-youre-in-a-car-accident" 16. Notify your Insurance Company – After you’ve completed the above steps and had time to catch your breath you need to notify your insurance company of the accident. This must be done even if you’re not planning to make a claim on your insurance policy or if you intend to pay for the damage to the other vehicle yourself as the other party might still claim later.

You must notify your insurance company of an accident within 7 days. Most insurance companies will have a similar time frame on notification.

cailin.

So I had no response after the other driver requested a few hours so I messaged to advise I was informing Insurance company by end of day and got a message asking me to bring the car to a friend's mechanic at a specific location as this mechanic looked at the quote and pics and reckons the work can be done for 500e.
Got a further message to say she has been advised not to pay the 1300 and is now saying the mechanic can do it for 400e. I have no intention of messing anyone around but it was getting ridiculous.

The other driver still hasn't sent me their full policy details after two requests. I've notified my insurer so it's in their hands now, and any incident, regardless of how minor must be reported within 48 hours.

Voodoomelon

Good work, that's exactly the response that everyone gets and not worth an ounce of your time. We pay big enough premiums, let the insurance company do the work.

con747

I would follow up on the Garda report also to be safe.

enricoh

cailin. wrote: »

So I had no response after the other driver requested a few hours so I messaged to advise I was informing Insurance company by end of day and got a message asking me to bring the car to a friend's mechanic at a specific location as this mechanic looked at the quote and pics and reckons the work can be done for 500e.
Got a further message to say she has been advised not to pay the 1300 and is now saying the mechanic can do it for 400e. I have no intention of messing anyone around but it was getting ridiculous.

The other driver still hasn't sent me their full policy details after two requests. I've notified my insurer so it's in their hands now, and any incident, regardless of how minor must be reported within 48 hours.

Let your insurer sort it out, next they'll want their own have a go hero fix it. no more texts etc

aristotle25

Yeah as expected, your car was damaged by them and they asked you to do them a favour by not going via insurance.

Then it’s you chasing them, you being told to bring your car here and there for a half baked cheap repair costing you time and hassle.

Stick to going via insurance. They had their chance and you were good enough to give it to them.

kirving

And make sure your quote includes a courtesy car if you need one. You'll be inconvenienced trying to get around while it's being repaired too.

Foolish of them not to go through their insurance too, since
A) they're required to inform them anyway,
they can always pay back the claim,
C) if they're fully comp their car is covered too,
and
D) their insurance is unlikely to go up by €1300

cailin.

Kevin Irving wrote: »

And make sure your quote includes a courtesy car if you need one. You'll be inconvenienced trying to get around while it's being repaired too.

Foolish of them not to go through their insurance too, since
A) they're required to inform them anyway,
they can always pay back the claim,
C) if they're fully comp their car is covered too,
and
D) their insurance is unlikely to go up by €1300

Thanks for reply.

Just a thought? Should I not be claiming off their insurance? I am fully comp and have directed my own insurer not to take over this as a claim.

The other driver has refused to supply their policy details so I'm presuming I will have to go to Gardai.
Also, it is also likely the insurance company will consider my car an insurance write off given the estimated cost of repairs. What options do I have then?
These things are such a headache.

con747

This is starting to get messy, report her to the gardai at the station you went to for failing to supply documents as required by law. If it was me at this stage I would usually hand it over to my solicitor which I have done a few times in the past to be sure I was covering my own interests.

aristotle25

cailin. wrote: »

The other driver has refused to supply their policy details so I'm presuming I will have to go to Gardai. .

Did you not just take down the insurance details from their insurance disc? All you need is policy number and insurer.

Make sure you report to the Gardai.

cailin.

aristotle25 wrote: »

Did you not just take down the insurance details from their insurance disc? All you need is policy number and insurer.

Make sure you report to the Gardai.

Yes but her insurance wasn't displayed correctly, only realised after I checked afterwards. I did report.

I have information which suggests she isn't insured. No wonder she wanted to try settle herself.

Eggs For Dinner

Trying to settle privately rarely works out. Usually ends up with the other party reneging and saying their mates cousin can fix it for €50.

You have reported it to your insurer as you are required to do. You have 2 options on how to proceed.

1). Claim for your repairs under your own policy and have them seek recovery from the 3rd party. Until recovery is achieved, this is treated as a claim on your policy, which may impact your bonus and premium. You will also have to bear the policy excess. Your insurers will tag on the policy excess to their recovery and, if successful, forward this on to you when funds are received.

2). Claim directly from the 3rd party for your loss. Best option if liability is not disputed or you have good supporting evidence. Your insurer will not do this on your behalf as they have no right to do so unless they have paid out as per option 1. Some brokers, however, offer this service for their clients. In addition, there are specialist solicitors out there who will do this for you and add their fee on to the claim against the 3rd party

Eggs For Dinner

cailin. wrote: »

I have information which suggests she isn't insured. No wonder she wanted to try settle herself.

If you verify that she was uninsured, the procedure is different. Assuming you have comp cover, the MIBI Protocol is for your insuer to handle the claim but they DO NOT affect your NCB or premium. You apply directly to the MIBI to recover your policy excess (bit of a slow process)

cailin.

Eggs For Dinner wrote: »

If you verify that she was uninsured, the procedure is different. Assuming you have comp cover, the MIBI Protocol is for your insuer to handle the claim but they DO NOT affect your NCB or premium. You apply directly to the MIBI to recover your policy excess (bit of a slow process)

Yes this is the route I now have to go. I have comp cover thankfully.

Tough lesson learnt!

Eggs For Dinner

cailin. wrote: »

Yes this is the route I now have to go. I have comp cover thankfully.

Tough lesson learnt!

Make sure that it's not just hearsay that she was uninsured. Your insurer will require official confirmation of this.

It's a good result for you, in a way, as your own insurer will effect repairs promptly.

seagull

Get back to the gardai and tell them she is refusing to provide her insurance details. They should chase up on that to determine whether she is insured, and provide you with the details if she is.

Even if she does have insurance, given that she was driving unaccompanied on a learner permit, her insurance may refuse to indemnify her, in which case she'll wind up having to repay them whatever they have paid out. She's really stupid to start playing silly buggers. It's now going to wind up costing her more, and possibly being unable to get insurance in the future.

Marcusm

cailin. wrote: »

Thanks for reply.

Just a thought? Should I not be claiming off their insurance? I am fully comp and have directed my own insurer not to take over this as a claim.

The other driver has refused to supply their policy details so I'm presuming I will have to go to Gardai.
Also, it is also likely the insurance company will consider my car an insurance write off given the estimated cost of repairs. What options do I have then?
These things are such a headache.

If they have refused to provide their insurance details then they have committed an offence. Make it clear you are willing to wait one hour and no longer for their details. The law makes it clear; if there is property damage (not personal injury) then it is an offence to leave the site of the collision without providing details.

Gooser14

The OP said she is a novice driver not a learner so she is entitled to be unaccompanied.

whomitconcerns

Guards and insurance from now on. Stop engaging with the other party directly. You’re wasting your time