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hit and run case - how to make the offender pay for the damage?

  • 11-09-2023 5:49pm
    Registered Users Posts: 48


    Yesterday eve, a camper van hit my car and ran away. Luckily there are no dents however the scratches are very deep.

    I drive a Tesla so have recordings of the accident from three different cameras. The van number can be clearly seen in the videos. What options do I have to trace the guy and make him pay for the damage? I don't want to affect my no claims bonus.




  • Registered Users Posts: 2,263 ✭✭✭kdevitt

    First, ring your insurance company. You have evidence it wasn't your fault, so have no idea why you wouldn't want them involved. Provide them with the footage, they'll get the other drivers insurance company involved. If they're uninsured, you'll need to go through the insurers bureau.

  • Registered Users Posts: 6,015 ✭✭✭con747

    Report to you're insurance and the Gardai as it's an offence to leave the scene of an accident without giving details AFAIK.

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

  • Registered Users Posts: 3,086 ✭✭✭Patrick2010

    Even if its not your fault if you say yes when asked if you made a claim does it not affect your insurance?

  • Registered Users Posts: 18,943 ✭✭✭✭Del2005

    No, but you will be loaded if you've been involved in 3 no fault RTCs as you're statistically more more of a risk. It'll affect your insurance a hell of a lot more if you lie and don't tell them about a claim.

  • Registered Users Posts: 312 ✭✭csirl

    Go to the Gardai and report it as malicious damage.

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  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner

    Reporting an incident is not a claim

  • Registered Users Posts: 48 Info_Seeker

    You are spot on in terms of what/how I am thinking but I just opened an insurer's website and tried to create a quote. It asks:

    "Have you had any motor accidents or claims (including non-fault) in the last 3 years?"

    With this question, we will have to report all the accidents even if we don't claim...

  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner

    You have to declare the accident/incident, (not claim) which should lead to a follow up question. The result should be no penalisation on your quote.

    Now I'll clarify the use of the word, should. The industry is now populated by 2nd generation 'computer says no' types, who have learned from their like -minded predecessors. An experienced professional would examine the circumstances and accept it for what it is. I'm not confident that will happen today. I'm glad I'm out of the business after over 40 years trying to do a reasonable job for policyholders

  • Registered Users Posts: 25,378 ✭✭✭✭coylemj

    In this scenario, it would be next to impossible to prove that tip was malicious. We gather that the OP was not in the car when it was struck so, to convict the other driver of malicious damage, the cops would have to prove that (1) the other driver knew the OP (2) he knew that empty car was his (3) he had a score to settle with him and (4) the colllision was a deliberate act and not an accident.

    If the OP never previously had any encounter with the other driver, this was an accident and nothing more.

    What the other driver did after the accident does not retrospectively make it malicious.

  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,214 Mod ✭✭✭✭Quin_Dub

    Sadly - Not correct in a lot of cases.

    Insurance companies will count EVERYTHING as a "claim" against your policy , even if they have not had to spend a penny.

    Several years ago drove my car through what I thought was a shallow flood (several other cars had gone through ahead of me without issue) but my car conked out!!

    I contacted my Insurer to inquire whether or not any potential ensuing damage/costs would be covered under my policy.

    As it turned out , once the car had dried out overnight it started fine and the garage gave it a once over for no real cost so no claim was insurance claim was required. I never spoke to my Insurer again , until I came to renewal and they had a "claim" listed against me for the phone call!!!

    Even if you have a "Protected no claims bonus" they will still hit you.

    Your bonus discount (50% or whatever ) will remain the same , but they will load your base policy before applying the discount.

    So if your base policy was €1000 previously with a 50% NCB meaning you pay €500 , next time it will be €1200 with your "protected" 50% NCB you now pay €600.

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  • Registered Users Posts: 1,604 ✭✭✭cpoh1

    Had a similar situation before, pop into the garda station with the footage and report someone for leaving the scene of an accident. They'll get in touch with the other driver and ensure insurance details can be shared.

    In my case it was my house cctv.

  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner

    You have not had a claim under your policy unless funds have been paid out to repair your vehicle and/or compensate or defend a claim against you. I cannot state it any clearer than that

    Having said that, I fully accept that the vast majority of numpties within insurance companies, which policyholders have to deal with these days, no longer grasp the principles of their profession and you have to live with the outcome of their arbitrary decisions

  • Registered Users Posts: 646 ✭✭✭kaahooters

    report it to the gards, hand over the footage to your insurance, along with the garda report number, and let the insurance chase, thats there job, thats what you pay them your fee for.

  • Registered Users Posts: 20 Davrbarrystea

    Had something similar happen to me in a garage forecourt - called the local Garda station they came out checked the damage then went and got the CCTV from the garage and tracked the driver down. Gave us each others phone numbers. It was all resolved through their insurance. Never contacted mine.

  • Registered Users Posts: 2,773 ✭✭✭Buffman

    The process is contact Gardai with the complaint and give them the registration number, they will then contact the owner and get their insurance details (if they had insurance) for you. You then claim off their insurance.

    FYI, if you move to a 'smart' meter electricity plan, you CAN'T move back to a non-smart plan.

    You don't have to take a 'smart' meter if you don't want one, opt-out is available.

    Buy drinks in 3L or bigger plastic bottles or glass bottles to avoid the DRS fee.

  • Registered Users Posts: 48 Info_Seeker

    Thanks @Buffman. Do I need to inform my insurer now or when I have the insurance details of the other party?

    Post edited by Info_Seeker on

  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner

    Your insurer is not going to fight for compensation on your behalf unless they have first indemnified you for your repairs as a claim under your policy. If you wish to claim directly from the 3rd party, you need to contact their insurer yourself

  • Registered Users Posts: 2,773 ✭✭✭Buffman

    You have to claim directly from the other persons insurance yourself. As said above, your insurer won't even contact the other insurance unless they have to in order to recoup any money that they've paid to you, which means you'll have an open claim against you while it's all been sorted out.

    FYI, if you move to a 'smart' meter electricity plan, you CAN'T move back to a non-smart plan.

    You don't have to take a 'smart' meter if you don't want one, opt-out is available.

    Buy drinks in 3L or bigger plastic bottles or glass bottles to avoid the DRS fee.

  • Registered Users Posts: 20 Davrbarrystea

    Double posted

  • Moderators, Business & Finance Moderators Posts: 17,667 Mod ✭✭✭✭Henry Ford III

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  • Registered Users Posts: 276 ✭✭well24

    Tricky feckers eh! Basically NCB is just another way for them to get more money out of you, as they can get around it :)

  • Registered Users Posts: 276 ✭✭well24

    But this is the problem, you can state it as clearly as you wish as many times as you wish, but if insurance companies insist putting it down as a claim even if no funds have been transferred, then its not really that clear :)

    Theory and practise can be very different

  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner

    I have over 40 years of practice on this subject. As I said previously, I fully accept that you can encounter an insurance rep who neither the experience or technical knowledge to assess the situation correctly

  • Registered Users Posts: 5,925 ✭✭✭kirving

    If you're consistently being rear ended for example, you are likely the one causing collisions, and adding to total cost of claims in the country. Totally understandable.

    Recently my car (not me driving) was involved in a car park tip. I got it fixed ASAP under my own comprehensive policy as I didn't have time to wait for the insurance companies to assess the claim and apportion blame. I have CCTV of my car was stopped, on its own side of the road, so I'm not sure why it's even a debate - but anyway...

    Even if it eventually transpires that the other driver is found 100% liable, I will still have a claim against me, because my insurance company had to spend time fighting the case and organizing the repair. It as only when I talked to a friend of mine who is an actuary did I realise that bit. In any case, my insurance went up by a tiny amount, even with the open claim.

  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner

    If your insurers did their job properly, they would have recovered all associated costs incurred

  • Registered Users Posts: 276 ✭✭well24

    You have a lot of faith in the insurance industry... As ppl's experience show insurance companies dont do their job properly, and seem to have very inexperienced staff, going by what you say!

  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner

    There will always be examples of bad experiences with every business interaction. The vast majority are positive. Without being patronising, a lot of perceived injustices are down to lack of understanding of the product or unrealistic expectations of what an insurer can achieve in establishing liability to courtroom standard.

    On the flip side, insurers, IMO, are not investing in the education of employees and have adopted the 'computer says no' approach to business

  • Registered Users Posts: 2,263 ✭✭✭kdevitt

    You don't lose your NCB, would be rather pointless if you did. I've been through it.