Claim made against me

doh777

Not sure if this is the right place but,

Any thoughts on the following...

Claim made against me, or the named driver, for having hit a parked car in a carpark causing damage to the other car...

Neither myself nor the other named driver have any recollection of it happening.

There is supposedly CCTV footage of the incident. But after repeatedly asking to see it we have never seen it.

A guard has allegedly seen it and signed a letter saying as much.

The insurance company says the claims will go ahead.

Do I have a right to see proof of the incident before proceeding?

Thanks in advance

GavPJ

Unfortunately as far as I am aware you aren't. Not a the minute anyway.

Long story short, but I am going through something similar at the minute

where an asshole taxi driver ran into the back of me. He is claiming I ran

into him. Reckons he has it on dashcam, but told the Gardai at the accident

scene it wasn't available at the minute and has not given it to his insurance

company yet, even though the accident is over a year ago. Jumping through

the hoops at the minute and my solicitor told me we won't have any access

to any evidence/dashcam footage until just before the case is about to be

heard.

beachhead

https://www.boards.ie/discussion/2058305088/claim-made-against-me

Have you asked the car park operator-I mean the security company to see the camera footage or asking the garda for it? Ask the security office at the car park in person to view the footage.If,not possible write to the security and/or the management company.Normally,in a case like yours what follows is a list of summonses from the garda or a colleague.The situation is not uncommon since the 1980s

doh777

I asked the guards yes and no joy there. I didn't check with the security company. I imagine there would be a privacy issue there. I have a feeling that the footage has since been deleted or lost or something. The insurance claim came a year and a half after the alleged incident.

doh777

So I've seen absolutely no evidence myself of anything. And neither me nor the named driver on the policy have any recollection of anything happening. It's very frustrating.

Citizen Six

https://www.boards.ie/discussion/comment/120852769#Comment_120852769

What did the Gardai say about what they saw in the footage?

standardg60

You cede all rights to your insurance company when you take out your policy, having no recollection of the incident isn't a defence. I assume this is somewhere you or the named driver frequent, if there is footage your insurance company will admit liability, if there isn't why would they?

Clearly something happened, it doesn't matter whether you remember it or not.

Jim_Hodge

You don't get to see it but your insurer will and they'll decide on action based on that.

Eggs For Dinner

Your insurer will get access to the footage and I'd be very surprised if they don't show it to you for comment. Final decision is theirs

Oscar Madison

Yeah! You are not allowed to see the footage, only the Gardaí.

I had a bicycle stolen a few years ago & I was told this by a security guard

only to be shown the video later by a frustrated manager who worked in the area.

I did get my bicycle back but I wouldn't have had I not seen the footage!

doh777

That our car 'kissed' the other car's bumper.

Citizen Six

https://www.boards.ie/discussion/comment/120854636#Comment_120854636

So do you believe it happened then, or not?

I'd a guy "kiss" my bumper a couple of years ago. My bumper was only a week old, and it was small damage, but he still paid to respray it. I've had other small bumps from other drivers, but it doesn't bother me that much on areas that are already damaged.

Perhaps you could reach out and offer to pay for the damage yourself, which might be cheaper/easier?

I had a woman hit me from behind in traffic before, and wanted to pay to fix it herself. My repair place could do it for €440, but that was too much for the woman, so she went through her insurance. Ended up costing about €1200 as insurance wanted all new parts fitted to the damaged area.

Furze99

https://www.boards.ie/discussion/comment/120852769#Comment_120852769

"The insurance claim came a year and a half after the alleged incident."

Surely that last sentence if correct is a major red flag. Who puts in a claim for damage that happened 18 months ago? Are you sure of your dates?

Whocare

https://www.boards.ie/discussion/2058305088/claim-made-against-me

wake up you/named drivers car did damage to parked car .Garda wouldn't have tracked you down and got your insurance details and gave it to damage car owner if CCTV didn't show your car doing damage to parked car

same thing happened to me few years ago got Garda to check CCTV Garda got there insurance details for me and Garda said he wants if possible pay without involving insurance and gave phone number. anyway phone him up he still denying it anyway told him I deal with his insurance car was fix within few phone calls to his insurance

Citizen Six

https://www.boards.ie/discussion/comment/120856638#Comment_120856638

Yeah, it's often easier to deal with insurance, rather than someone who denies causing the damage. Especially when there's cctv to prove it.

beachhead

https://www.boards.ie/discussion/comment/120852769#Comment_120852769

Worth trying the security or management but footage probably gone now but I would still ask.

beachhead

https://www.boards.ie/discussion/comment/120856638#Comment_120856638

Wudnt be too sure about first paragraph.

Eggs For Dinner

https://www.boards.ie/discussion/comment/120856172#Comment_120856172

You have 2 years to present an injury claim and would you believe it's 6 years for a damage claim. Delayed litigation is a regular practice by solicitors. You will be sure the claimant will have all the photos, assessments, inspections, witnesses etc in order, whereas the defendant may have disposed of their vehicle, wiped over dash cam footage, mislaid witness information. It's tough out there

the14thwarrior

its a pity the insurance company is so willing to pay.

with no proof, why is not possible it is a scam?

i came out of a shop and the girl parked beside me came over and said i caused damage to her car, and the security guard can verify it. I basically said duck off and drove off. no way did i touch her car.

following month or so my friend parked in the same carpark, same scenerio, but he thought he must have hit it trying to park. he paid up front not wanting to go through insurance, because the guard (security) was a "witness".

just thought i'd share

CramCycle

I would have thought that GDPR means you could request footage of the alleged incident as the alleged driver. I can ask for footage from DB for getting on to the bus just because my face is on it so this should be the same, Have you any other info? Date/time/etc.

Put in a GDPR request, if the management company don't have it, put it in with the gardai/solicitor/insurance company.

Whocare

https://www.boards.ie/discussion/2058305088/claim-made-against-me

any update on this

sarkozy

https://www.boards.ie/discussion/comment/120852769#Comment_120852769

My understanding of GDPR legislation (data privacy) is that you are the owner of data/information relating to yourself, and therefore have an entitlement to ask for the footage from the 'data processor' (whoever filmed the alleged incident), and they have an obligation to provide same, and this is reasonable given the specific nature of the request.

Obtaining it may not be as simple as this, but it is possible.

Waccamacca3

How long does axa investigatior take to come out look at car after an accident

GavPJ

https://www.boards.ie/discussion/comment/121074742#Comment_121074742

I had to put pressure on them to get their investigator out.

The investigator made an appointment and never showed up so

I had to contact them twice to get them out.

doh777

Deleted post

doh777

https://www.boards.ie/discussion/comment/120927559#Comment_120927559

The insurance company went ahead and settled the claim for the full amount. I never saw, or was given any evidence if it was in fact my car that was involved. I asked maybe 10 times in total for the CCTV footage. They never provided it to me. I spoke to the guard who said he saw the footage. According to him the bumpers 'kissed'. The claim was for @€2100.

ants09

https://www.boards.ie/discussion/comment/121080712#Comment_121080712

Do a GDPR request and ask for everything in relation to the claim including video evidence, don't send it to the claims team but to the data protection officer of your insurance company.

doh777

Ok. I may just do that. Part of me is resigned to the outcome but if you think it may help. Thanks for the reply.

doh777

https://www.boards.ie/discussion/comment/121081148#Comment_121081148

With a view to the decision being questioned? Thanks

Jim_Hodge

https://www.boards.ie/discussion/comment/121090694#Comment_121090694

The insurers have settled. You're not going to get anywhere.

Eggs For Dinner

Insurers reserve the right to settle any claim as they deem appropriate. That's the bottom line.