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Claim query - pay myself or wait for insurance

  • 10-08-2021 10:01am
    #1
    Registered Users, Registered Users 2 Posts: 226 ✭✭


    Hi,

    I was driving a rental car and crashed into a parked car and did some damage to that car but not to the rental. I have reported the accident to the gardai and to the rental company and the rental company have advised their claims team are looking into it. The other car owner is telling me he is going to get his car fixed and issue me with the bill and I can sort it out afterwards with my rental company. I said I wanted to wait for the insurance but he said he is not willing to and that he will issue me with a bill for it and inform the gardai if i do not pay immediately.

    Is what the other person is doing ok? Do i have to proceed as he is suggesting. I want the whole thing handled by insurance.



Comments

  • Registered Users, Registered Users 2 Posts: 2,133 ✭✭✭Explosive_Cornflake


    I'd talk to the rental company and let them know.



  • Registered Users, Registered Users 2 Posts: 23,093 ✭✭✭✭Esel
    Not Your Ornery Onager


    I don't think they can do that. What they can do is claim of their own (comprehensive) insurance, and then their insurance company seek to recover from your/rental company insurance.

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 3,817 ✭✭✭Darc19


    He cannot do that.


    And absolutely of no interest to the gardai if a damages bill is owing. That is a civil matter. Tell him to take a hike and if he threatens such utter sh1te again, he can take you to court for the amount and that will take approx 2 years.



  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    He can do whatever he wants. What he's entitled to is another matter.

    He is entitled to have his car repaired to his satisfaction in a place of his choosing. The OP (or their insurers) are liable for the costs of the repair.



  • Registered Users, Registered Users 2 Posts: 226 ✭✭Reps4jesus



    Surely the rental company would have to review the damage etc before agreeing to cover the costs of the repairs however?

    Also is he entitled to ask me to pay this prior to the insurance being involved? Is the point of insurance not to avoid this sort of thing?



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  • Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    Correct. If he gets the car repaired and tries to present you or the insurance with the bill, he will be on very sticky ground because the rental insurance will probably, on principle, refuse to pay the full amount he is claiming. Even if he has photos, they will play down the extent of the damage and claim that he paid too much for the repairs. As with any claim for damage, they are entitled to send an assessor to look at the damage and put an estimate on the repairs.

    He is most definitely not entitled to demand that you personally pay in double-quick time and if he goes to the Gardai, they will tell him it's a civil matter. Tell him the insurance is looking after it and have nothing more to do with him. And whatever you do, do not give him any money. If you do, it's highly unlikely that the insurance will fully reimburse you and they may pay you nothing, on the basis that by negotiating directly with the other party, you breached the conditions of the policy. Because if the word went out that they were prepared to allow the driver of a rental car to settle a claim and pay out for damage, it would be followed by an avalanche of scam claims involving staged accidents.



  • Registered Users, Registered Users 2 Posts: 226 ✭✭Reps4jesus




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