What Do You Think About This?

johnpromise

Someone hit my car from the back in September, i called the Garda instantly and they came and wrote down report, the garda asked me and the other driver if no one was injured and we both said yes no one was injured. Eventually my insurance said i was at fault, so they repaired his car, and my car is under repair. But to my surprised i received a letter this morning from the other driver's solicitor informing that their client the driver suffered serious personal injuries, losses and damage arising out of the accident.

This is really shocking to me because when i rang the garda immediately at the scene they asked me and him if there was injury and we both told the garda that there was no injury. How come he suddenly want to claim injury? What do you think i should do now because i am confused right now. I have pictures of the accident and the guy driver standing when the garda came.

coylemj

Happens all the time. You have no option but to suck it up and if the insurance settles and gives him a big cheque, there is nothing you can do about it. Your policy will contain a clause whereby they exclusively reserve for themselves the right to negotiate and settle claims - you have no input into the process.

Though I believe the going rate for soft tissue injury whiplash is way less than what it used to be.

BTW, the fact that the guy was standing there and saying that he was fine counts for nothing. People have had their necks broken and behaved like that at the scene of accidents. Unlikely in this case, just saying.

T-Maxx

I'm interested to know how you were found to be at fault when someone else hit you from behind?

coylemj

https://www.boards.ie/discussion/comment/119944025#Comment_119944025

Missed that competely. I just assumed it was the other way round when I saw that the OP's insurance admitted liability.

OP, can you speculate as to why your insurance has decided that this accident was your fault? You said that they've already paid to repair the other guy's car. It doesn't sound like a regular rear-ender if the car in front is picking up the tab.

Pissy Missy

https://www.boards.ie/discussion/2058274124/what-do-you-think-about-this

I totally get why you're perplexed, I would have probably been the same if I were in your shoes. However, after being in a car crash myself, it's an eye opener. After being hit by a car, I thought I was fine, later in the day my arm was hurting me a bit but I thought nothing of it, as the days went by, I was struck with mad sickness, had to go to hospital, ended up having post concussive syndrome, which apparently is totally common to get a few days after a traumatic accident. The only way I can rationalise why I thought I felt okay at the accident was perhaps due to adrenaline but that's just me speculating. I don't know if the person is genuine or not, but it's very common to experience injury after the accident.

NUTLEY BOY

I am really curious to know why OP's insurers are settling the third party claim given the circumstances of the collision as described.

Does OP have dashcam ? Although it will not have been pointing at the claimant it should show if OP was stationary or reversing or possibly jolted forward.

In relation to insurers' rights to handle a claim as they see fit does that mean that insurers can be as negligent or reckless as they like in how they deal with a claim against the policyholder ?