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What to do after accident with uninsured driver

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  • 13-12-2022 5:20pm
    #1
    Registered Users Posts: 9


    Hi. I need some advice for a friend who rear ended a car that was uninsured, untaxed and out of NCT. My friends car is insured taxed and nct'd. Other car driver asking for a money that is about a value of his car. My friend does not want to pay it as it's way overestimated and he would like to deal thru insurance. What should he do first? Go to his insurer? Report the accident to the Garda? Can it be done by insurance as other driver was not insured?



Comments

  • Registered Users Posts: 1,904 ✭✭✭Marty Bird


    Yes report it to Garda and contact his insurance company let them deal with it.

    🌞6.02kWp⚡️3.01kWp South/East⚡️3.01kWp West



  • Registered Users Posts: 9 brambi


    He (other driver) was uninsured and it was my friends (insured) fault so friend can only report to his own insurance or Garda



  • Registered Users Posts: 25,430 ✭✭✭✭coylemj



    It appears that your friend was at fault so the fact that the other guy has no insurance is neither here nor there. Your friend needs to report the accident to his insurance company and let them deal with it. There is no point in going to the Gardai, they won't want to know. He could offer to settle in cash with the other driver and again, the fact that he has no insurance doesn't come into it.

    The big risk in giving him money to go away is that in a few months time, he comes back with a whiplash claim, you will then have to let the insurance company deal with it, you will lose your no-claims bonus and you can kiss goodbye to any cash you gave him, your insurance will not reimburse you. I'd say an uninsured driver is almost certain to lodge a whiplash claim once the dust has settled and there's no prospect of Garda involvement. My advice is not to settle with him in cash, this is going to be an insurance claim.



  • Registered Users Posts: 222 ✭✭Muller1991


    I'm not 100% but as he was uninsured he legally shouldn't of been on the road. Your friend may get off



  • Registered Users Posts: 4,460 ✭✭✭FishOnABike


    Both. Let their insurance handle the damage part of it - they wouldn't want to pay for the damage they caused the other car only for the other driver to resurface a year or two later complaining of a bad back. Leave insurance handle it, that's what insurance is for.

    The accident should also be reprted to the gardaí. It may be a requirement of their insurance policy. The other driver should also be proseuted for driving without insurance, tax or NCT.



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  • Registered Users Posts: 25,430 ✭✭✭✭coylemj


    You can freely crash into uninsured drivers and there will be no consequences?



  • Registered Users Posts: 2,969 ✭✭✭Eggs For Dinner




  • Registered Users Posts: 4,460 ✭✭✭FishOnABike


    Nonsese. They are two entirely separate unrelated issues.

    Liability for the accident is purely down to who is at fault for the collision. Would the other person having tax, NCT or insurance have preveted the collision? No.

    Not having tax, NCT or insurance are motoring offences for which the other driver should be prosecuted.



  • Registered Users Posts: 222 ✭✭Muller1991


    That's why I said I'm not 100% on the matter. I know a blind eye can be turned against having no tax or NCT but insurance is a big no no.



  • Registered Users Posts: 8,423 ✭✭✭cml387


    If you want just to give them the money, you might get a solicitor to draft a letter to the effect that the cash is in full settlement for all claims and no further claims will be entertained, and get him to sign it.



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  • Registered Users Posts: 1,240 ✭✭✭monseiur


    You're obliged to report all accidents you/your vehicle is involved in to your insurance irrespective whether you caused the accident or not. Have a chat with your insurance re. the cost to you of the loss of your no claims bonus if you were to let the your insurance deal with it.

    If the damaged car is of low value and is considered a write off for insurance purposes or if the cost of repairs is say under €1,000.00 it may be more financially prudent paying it yourself and not involve your insurance co. If you decide to go down this route be sure to follow the excellent advice given by cml387 in post 11 above - be sure to include the actual sum you're paying in this letter as well . Have two copies, one for the ''injured'' party and one for your own records. Don't be afraid to haggle, the fact that other driver was driving illegally will make him/her less confident and may be delighted to get some cash. Of course there's always the possibility that the other vehicle (which should not be on the road) reversed into yours😊



  • Registered Users Posts: 25,430 ✭✭✭✭coylemj



    You're not even 1% right in this case, one car in an accident having no insurance does not affect or alter the issue of civil liability - who is to blame and who has to pay.

    The OP's friend crashed into the back of a car. Whether the other guy had insurance or not is a matter for the cops, it has nothing to do with the OP's friend since he is liable for the damage so either he or his insurance has to stump up.

    Post edited by coylemj on


  • Registered Users Posts: 2,035 ✭✭✭rolling boh


    The fact that he was out and about with no tax or insurance would suggest the driver is a bit iffy in general so best leave it to the insurance giving them a few bob might not be the end of the matter .



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