RTA, Witnesses?, Contact with insurer

paska

I was driving last year in a small village. I was stopped at the lights and not moving. A crowd of students crossed at the lights I was stopped at, they proceeded to walk on the footpath to my left. One of the kids was smoking and threw his cig butt on the road, his teacher saw him and stepped onto the road and told him to pick it up. She was in front of my bonnet but she stepped back onto the path and out of my feild of vision.
When I moved off I could hear kids make a sound and looking at me. I got out of my car and she was sitting on the road Anyway, it turns out she broke her leg in two places. Nothing adds up as I was stationary and only started to move off.

My question is assuming I am not telling lies would I have a case to go to a solicitor to force the insurance company to fight my corner. The insurance company has not investigated it properly and are saying its a fifty-fifty. meanwhile, I lost my no claims bonus and my insurance has doubled. I am driving 30 years without a claim.

Salary Negotiator

No, insurance company can settle without your approval.

elperello

Did your vehicle come into contact with the woman ?

paska

Salary Negotiator wrote: »

No, insurance company can settle without your approval.

Thanks for that.
The claim is still open but they loaded me with 500 euro because my policy is due for renewal. They have not given my much confidence in their investigation skills.

paska

elperello wrote: »

Did your vehicle come into contact with the woman

No it never touched her. I was moving off from a stationary position. she had no marks on her body at all. The fire brigade told me she should have some impact marks but she had none, He said tyre marks or some redness

BrianBoru00

Well what did the teacher say happened?

What did the gardai say?

Have you an alternative theory as to how she broke her leg?

It's just that on the info provided it sounds awful like you hit her...

endacl

paska wrote: »

Thanks for that.
The claim is still open but the loaded me with 500 euro because my policy is due for renewal. They have not given my much confidence in their investigation skills.

They don’t always investigate. They estimate what they think the most financially beneficent result for themselves will be, and go with that.

kaymin

What witness statements did the kids provide? I presume it's not possible that she broke her leg in a later separate incident and her injuries were diagnosed that day? Seems bizarre that it's not clearcut given the nature of the injuries and the people that saw it happen

fritzelly

Something doesn't add up -stepped onto the footpath, you started to drive off then she's sitting on the road

SCOOP 64

Sounds like there must have been plenty of witness's with the students and all.

endacl

Unless one of the kids smashed her leg and all the rest instantly jumped in on the cover up, or her leg spontaneously broke itself..,

paska

BrianBoru00 wrote: »

Well what did the teacher say happened?

What did the gardai say?

Have you an alternative theory as to how she broke her leg?

It's just that on the info provided it sounds awful like you hit her...

They took a statment and told me no charges would be taken like driving witout due care and attention etc. I have no idea what she said. My guess is she fell back off the footpath and broke her bones.
She is from Italy and i guess she was advised to make a claim to see what happens.

paska

SCOOP 64 wrote: »

Sounds like there must have been plenty of witness's with the students and all.

Thats why I am not happy with the insurance companies' investigation.

The group was at least 30 strong. They had a few teachers at the start middle and end of the group.
The teacher stood out on the road and gave out to a kid. There was about ten to fifteen kids looking in her direction plus the teachers at the end of the group. However there are no witnesses! I am saying they saw what happened and are saying nothing because I never hit her

paska

endacl wrote: »

Unless one of the kids smashed her leg and all the rest instantly jumped in on the cover up, or her leg spontaneously broke itself..,

My mother fell in her bedroom and broke her hip. Its not impossible.

Bythefire

Is there any cctv around that could show what happened?

kaymin

paska wrote: »

Thats why I am not happy with the insurance companies' investigation.

The group was at least 30 strong. They had a few teachers at the start middle and end of the group.
The teacher stood out on the road and gave out to a kid. There was about ten to fifteen kids looking in her direction plus the teachers at the end of the group. However there are no witnesses! I am saying they saw what happened and are saying nothing because I never hit her

What do you mean there are no witnesses? Are they saying they didn't see anything? If I was you I'd approach one of the other teachers that were there to ask them what they saw happen

paska

kaymin wrote: »

What do you mean there are no witnesses? Are they saying they didn't see anything? If I was you I'd approach one of the other teachers that were there to ask them what they saw happen

The insurance company said there are no witnesses. I was full sure I had not impacted with her and I thought I would never hear about it again.It was months after I got a call about a claim.

Del2005

Salary Negotiator wrote: »

No, insurance company can settle without your approval.

Are you sure about that? I thought all insurance policies had a clause where they deal with any claims and you have no say.

Bythefire wrote: »

Is there any cctv around that could show what happened?

It's over a year ago there won't be any CCTV available now.

kaymin

paska wrote: »

The insurance company said there are no witnesses. I was full sure I had not impacted with her and I thought I would never hear about it again.It was months after I got a call about a claim.

Was an ambulance / fire brigade called straight away and was she carries off in a stretcher? Or were you told about her injuries on later date? If you didn't hit her then I'm sure one of the 30 people present would vouch for that.

con747

paska wrote: »

I was driving last year in a small village. I was stopped at the lights and not moving. A crowd of students crossed at the lights I was stopped at, they proceeded to walk on the footpath to my left. One of the kids was smoking and threw his cig butt on the road, his teacher saw him and stepped onto the road and told him to pick it up. She was in front of my bonnet but she stepped back onto the path and out of my feild of vision.
When I moved off I could hear kids make a sound and looking at me. I got out of my car and she was sitting on the road Anyway, it turns out she broke her leg in two places. Nothing adds up as I was stationary and only started to move off.

My question is assuming I am not telling lies would I have a case to go to a solicitor to force the insurance company to fight my corner. The insurance company has not investigated it properly and are saying its a fifty-fifty. meanwhile, I lost my no claims bonus and my insurance has doubled. I am driving 30 years without a claim.

Did she receive medical attention at the scene? If so what was the diagnosis and who examined her. The fire brigade, why were they attending? Did she walk away or go to hospital in an ambulance?.

paska

Bythefire wrote: »

Is there any cctv around that could show what happened?

According to the insurance company, the guards asked the premises for CCTV and they had none. The premisses has two cameras pointing from left to right exactly where it happened. However, they might be out if service.

Mrs OBumble

paska wrote: »

She is from Italy and i guess she was advised to make a claim to see what happens.

Possibly her travel insurance company is pursing the claim (assuming she was with some sort of exchange group, or else why would her country of origin matter).

Statements from students would likely be unreliable, especially if they were here learning English: I'm surprised there aren't more accidents involving gaggles of shrieking kids who aren't paying attention.

GM228

Salary Negotiator wrote: »

No, insurance company can settle without your approval.

Insurance companies can settle your claim without either your knowledge or consent.

Speak Now

Broken leg in 2 places or 2 broken toes?

paska

kaymin wrote: »

Was an ambulance / fire brigade called straight away and was she carries off in a stretcher? Or were you told about her injuries on later date? If you didn't hit her then I'm sure one of the 30 people present would vouch for that.

The 15 or sopeople never vouched for the fact that I hit her.

imagine you are visiting Ireland with school and your teacher is hit by a car and she has broken bones. You see what happened and you say you saw nothing! Why would you keep quiet?

paska

Speak Now wrote: »

Broken leg in 2 places or 2 broken toes?

The fire brigade said it looks like her ankle might be an issue because she cant move it. He said there are no tyre marks or signs of redness but she is complaining about moving it,

The insurance told me after 10 months she had two broken bones

Salary Negotiator

Salary Negotiator wrote: »

No, insurance company can settle without your approval.

Effects wrote: »

Pretty sure they can.

GM228 wrote: »

Insurance companies can settle your claim without either your knowledge or consent.

Fcuk me, can anyone read English anymore.


Hint: ,

Sono

Salary Negotiator wrote: »

No, insurance company can settle without your approval.

This is completely incorrect information, if the insurance company feels the insured is liable then they have the right to take over any claim as they see fit, they do not need approval from the policyholder.

Sono

GM228 wrote: »

Insurance companies can settle your claim without either your knowledge or consent.

They settle without consent but certainly not without your knowledge.

twowheelsonly

Sono wrote: »

This is completely incorrect information, if the insurance company feels the insured is liable then they have the right to take over any claim as they see fit, they do not need approval from the policyholder.

See the post above yours... :rolleyes:

Salary Negotiator

Del2005 wrote: »

Are you sure about that? I thought all insurance policies had a clause where they deal with any claims and you have no say.

There’s a comma between the no and the rest of that sentence.

Salary Negotiator

Sono wrote: »

This is completely incorrect information, if the insurance company feels the insured is liable then they have the right to take over any claim as they see fit, they do not need approval from the policyholder.

That’s what I said, but I should have said the insurance company to be clearer.

kirving

If the OP did hit the teacher and caused injuries, then surely the Gardai would charging them with an offence?

ted1

paska wrote: »

She is from Italy and i guess she was advised to make a claim to see what happens.

That’s some assumption.

Main consideration is what’s the amount ? How much to pay now vs how much to pay in legal fees before any pay out

con747

The OP hasn't said yet if the teacher walked away, was taken away by ambulance. Also why would school teachers allow "kids" to smoke when it is illegal both here and if they were Italian students illegal there also. So the students would have to be over 18 or the teachers were idiots allowing them to smoke. Also it's hard to have a "blind" side on the front left of a car when a person is standing up beside it.There appears to be more to this. It's possible the OP just isn't explaining the situation correctly.

paska

con747 wrote: »

The OP hasn't said yet if the teacher walked away, was taken away by ambulance. Also why would school teachers allow "kids" to smoke when it is illegal both here and if they were Italian students illegal there also. So the students would have to be over 18 or the teachers were idiots allowing them to smoke. Also it's hard to have a "blind" side on the front left of a car when a person is standing up beside it.There appears to be more to this. It's possible the OP just isn't explaining the situation correctly.

Yeah she was taken away by ambulance.The kids were 14-15years old.

She walked beside my car from the front to the passenger side. Looking at her walking she easily had time to mount the footpath.

I am convinced she lost her balance and fell over at a bad angle.

BrianBoru00

paska wrote: »

They took a statment and told me no charges would be taken like driving witout due care and attention etc. I have no idea what she said. My guess is she fell back off the footpath and broke her bones.
She is from Italy and i guess she was advised to make a claim to see what happens.

I find it hard to believe that the guards at the scene told your there would be no charges.They would have to investigate it first, get medical reports, take statements then prepare a report for their superiors to direct on.

Mrs OBumble wrote: »

Statements from students would likely be unreliable, especially if they were here learning English: I'm surprised there aren't more accidents involving gaggles of shrieking kids who aren't paying attention.

Why would they be unreliable? What difference does the fact that they were learning english ? You do realise there are translaters for these situations ?

paska

BrianBoru00 wrote: »

I find it hard to believe that the guards at the scene told your there would be no charges.They would have to investigate it first, get medical reports, take statements then prepare a report for their superiors to direct on.



Why would they be unreliable? What difference does the fact that they were learning english ? You do realise there are translaters for these situations ?

The guards never told me at the scene there would be no charges. I gave a statement and later they contacted me to say that there would be no charges.

con747

paska wrote: »

Yeah she was taken away by ambulance.The kids were 14-15years old.

She walked beside my car from the front to the passenger side. Looking at her walking she easily had time to mount the footpath.

I am convinced she lost her balance and fell over at a bad angle.

Your insurance company would have been supplied all medical records so and because it's a "your word her word" situation with no witnesses they have decided to pay out. I doubt anything you do will change that, but if you think legal advice would help go see a solicitor. Most first consults are free but if they take it on I would insist on a no win no fee.

elperello

So basically you are saying there was no RTA.

The woman stumbled and fell against the kerb breaking her leg.

AGS have investigated and despite the serious nature of her injuries are not charging you.

You should consult a solicitor to explore your options.

Caranica

Don't think the kids' statements would be accepted by the insurer. When my car was damaged by a guy opening his car door as I drove past my insurance company told me my passengers' statements would not be taken as they were with me and could be biased. Similarly those kids were with that teacher.

hierro

There has to be limits to the involvement in children, im thinking under 15, in civil and criminal investigations, depending on the seriousness of the enquiry.

For a minor injury road traffic type matter getting statements of 30 children is excessive. No fault accidents happen and there's consequences. Probably best to move on, a 30 year driving career for most people involves something minor which costs us money.

kirving

You've really got to be explicitly clear that you didn't touch here. Even in the first post, you mention her moving out of your field of view, and then moving off which just adds complexity to the story.

The way it looks to a passerby (and insurance company) is that she's on the ground and you're giving an unclear account of what happened. It seem to me reading your posts that you aren't quite sure.

BrianBoru00

hierro wrote: »

There has to be limits to the involvement in children, im thinking under 15, in civil and criminal investigations, depending on the seriousness of the enquiry.

For a minor injury road traffic type matter getting statements of 30 children is excessive. No fault accidents happen and there's consequences. Probably best to move on, a 30 year driving career for most people involves something minor which costs us money.

It's a serious injury traffic accident.

What limits are you suggesting?
They are 15 and the average 15 year old is well able to coherently answer questions and articulate what they saw.

Mrs OBumble

BrianBoru00 wrote: »

Why would they be unreliable? What difference does the fact that they were learning english ? You do realise there are translaters for these situations ?

The teacher is in a position of power over the kids: she controls the grades they get. Of course they will say what she wants them to say.

BrianBoru00

Mrs OBumble wrote: »

The teacher is in a position of power over the kids: she controls the grades they get. Of course they will say what she wants them to say.

That is one of the most ridiculous claims I've read on here.
one is an english class. The other is a serious and legal matter.

Are you honestly suggesting that they would commit a criminal offence to get a better grade in their summer test?

Eggs For Dinner

BrianBoru00 wrote: »

That is one of the most ridiculous claims I've read on here.
one is an english class. The other is a serious and legal matter.

Are you honestly suggesting that they would commit a criminal offence to get a better grade in their summer test?

They might love the teacher and support a story in her favour or they might loathe the teacher and exonerate you, even if they saw you cause the accident. For that reason, they would not make strong independent witnesses

GolfNut33

Deleted User wrote: »

Fcuk me, can anyone read English anymore.


Hint: ,

I helped my uncle, Jack, off a horse


I helped my uncle jack off a horse.

Mod
Easy there

Effects

Deleted User wrote: »

Fcuk me, can anyone read English anymore.


Hint: ,

Ha, I totally can't read english!!!!!!

AndrewJRenko

paska wrote: »

My question is assuming I am not telling lies would I have a case to go to a solicitor to force the insurance company to fight my corner. The insurance company has not investigated it properly and are saying its a fifty-fifty. meanwhile, I lost my no claims bonus and my insurance has doubled. I am driving 30 years without a claim.

Will you cover their losses and additional legal fees if they do fight your corner and lose the case?

Carawaystick

BrianBoru00 wrote: »

It's a serious injury traffic accident.

What limits are you suggesting?
They are 15 and the average 15 year old is well able to coherently answer questions and articulate what they saw.

Very few 16 year olds living in a foreign county would be able to testify in an irish court, because the OP's insurance co would not pay for them to fly here to do so.
Especially if they can just charge the OP more...