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RTA, Witnesses?, Contact with insurer

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  • 01-02-2020 8:43pm
    #1
    paska
    Registered Users Posts: 334 ✭✭


    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.


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Comments

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    #2
    Salary Negotiator
    Closed Accounts Posts: 1,148 ✭✭✭Salary Negotiator


    No, insurance company can settle without your approval.


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    #3
    elperello
    Registered Users Posts: 14,459 ✭✭✭✭elperello


    Did your vehicle come into contact with the woman ?


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    #4
    paska
    Registered Users Posts: 334 ✭✭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.


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    #5
    paska
    Registered Users Posts: 334 ✭✭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


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    #6
    BrianBoru00
    Registered Users Posts: 1,035 ✭✭✭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...


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    #7
    endacl
    Registered Users Posts: 22,241 ✭✭✭✭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.


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    #8
    kaymin
    Registered Users Posts: 1,502 ✭✭✭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


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    #9
    fritzelly
    Registered Users Posts: 17,318 ✭✭✭✭fritzelly


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


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    #10
    SCOOP 64
    Registered Users Posts: 5,232 ✭✭✭SCOOP 64


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


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    #11
    endacl
    Registered Users Posts: 22,241 ✭✭✭✭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..,


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    #12
    paska
    Registered Users Posts: 334 ✭✭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.


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    #13
    paska
    Registered Users Posts: 334 ✭✭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


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    #14
    paska
    Registered Users Posts: 334 ✭✭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.


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    #15
    Bythefire
    Registered Users Posts: 69 ✭✭Bythefire


    Is there any cctv around that could show what happened?


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    #16
    kaymin
    Registered Users Posts: 1,502 ✭✭✭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


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    #17
    paska
    Registered Users Posts: 334 ✭✭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.


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    #18
    Del2005
    Registered Users Posts: 18,922 ✭✭✭✭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.


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    #19
    kaymin
    Registered Users Posts: 1,502 ✭✭✭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.


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    #20
    con747
    Registered Users Posts: 5,912 ✭✭✭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?.

    Don't expect anything from life, just be grateful to be alive.



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    #21
    paska
    Registered Users Posts: 334 ✭✭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.


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    #22
    Mrs OBumble
    Registered Users Posts: 25,746 ✭✭✭✭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.


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    #23
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Salary Negotiator wrote: »
    No, insurance company can settle without your approval.

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


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    #24
    Speak Now
    Registered Users Posts: 8,522 ✭✭✭Speak Now


    Broken leg in 2 places or 2 broken toes?


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    #25
    paska
    Registered Users Posts: 334 ✭✭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?


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    #26
    paska
    Registered Users Posts: 334 ✭✭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


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    #27
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    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: ,


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    #28
    Sono
    Registered Users Posts: 2,387 ✭✭✭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.


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    #29
    Sono
    Registered Users Posts: 2,387 ✭✭✭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.


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    #30
    twowheelsonly
    Registered Users Posts: 2,268 ✭✭✭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:


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    #31
    Salary Negotiator
    Closed Accounts Posts: 1,148 ✭✭✭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.


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