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Car claim which Insurance?

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  • Registered Users Posts: 8 Andriusha122


    The in impact happened exactly where I marked it, and have a photo while our cars are still at the impact spot. Garda was present since I said at the start garda station is right there so went in and got someone to do a report. I said my said if the story, said it’s green. They took a statement of her not sure what she said but I heard her saying she didint know she can’t be in that lane. Anyways I just need profs from CCTV as she is claiming it was green for her.



  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,436 Mod ✭✭✭✭Kimbot


    Whaty you need to do is inform your insurance of the crash and give her insurance details over to your insurance company and they will sort it out. If its that junction in lucan then OP you are right and the other person is in the wrong and it would be fairly quick to sort that out.



  • Registered Users Posts: 2,939 ✭✭✭Eggs For Dinner


    What either party says at the scene, with regard to liability, carries very little weight. You are both deemed to be in a state of shock.



  • Registered Users Posts: 4,958 ✭✭✭kirk.


    Isn't it in some policy documents "not to admit liability"



  • Registered Users Posts: 311 ✭✭ThreeGreens


    I know that junction well.


    Note that the road that the OP is coming from is one way. So both lanes are heading "up" the photo (which is actually south.. so the image must be rotated).


    When these lanes have green, all other lights at this junction are red.

    If it happened as the OP described, then the other driver is definitely in the wrong.

    Post edited by ThreeGreens on


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  • Registered Users Posts: 8 Andriusha122


    That’s correct, it’s obvious it’s her fault she was arguing saying her light was green.


    Rang the insurance company today they will sort it. Went to look for CCTV from one of the business, said they can’t give me in without Garda present. But he looked and told me that infact her light was red and was on the opposite way of traffic. So it’s looking good for my way.

    But since she is not admitting that it’s her fault so the insurance have to investigate unless I take a claim out against my own policy, but I will wait till they investigate, and claim off hers.



  • Registered Users Posts: 39 BornSkippy


    Ask them to save and set aside the CCTV footage, so it is not overwritten automatically within 28 days or whatever loop the system works on.

    You can make a DSAR request for the footage if you're in it.

    https://www.dataprotection.ie/sites/default/files/uploads/2019-10/FAQ%20Guide%20to%20Data%20Subject%20Access%20Requests_Oct19.pdf



  • Registered Users Posts: 4,259 ✭✭✭standardg60


    'didnt know she couldn't be in that Lane'🙄

    Looks like she gunned it around the bus when the light was turning red and was too late. Should be an open and shut case with the Garda report, which fortunately you got.



  • Registered Users Posts: 138 ✭✭locohobo


    . It would be best for the op to contact the garda that took their statements and ask him to obtain the footage from the premises that told the op they had it and it showed that other driver was in the wrong....

    Post edited by locohobo on


  • Registered Users Posts: 138 ✭✭locohobo


    Then op contact the Garda that took your statement and ask him to obtain that footage... Looks like it gone from an ordinary prang....

    Post edited by locohobo on


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  • Registered Users Posts: 2,939 ✭✭✭Eggs For Dinner


    It's not fraud if the other driver genuinely believes they are in the right. They may be mistaken in that belief, but it doesn't mean there is malicious intent. Now, accusing someone of fraud, without evidence, that's a whole different matter



  • Registered Users Posts: 138 ✭✭locohobo


    Ok.. See your point...Have edited to remove...



  • Registered Users Posts: 38 DJ5831


    I was in a similar sort of crash on a roundabout not too long ago. The third party was at fault, but seemingly did not want to admit so to the insurers.

    At the scene of the crash, I called my insurer (Axa) and they came and towed my car as it was undriveable. I received an email from them confirming I had reported an accident but as I was only notifying them and not claiming from my policy, it would not affect my NCB. Axa told me I could a) do nothing with them and sort everything with FBD or b) Claim from my own fully comp and if/when FBD pay out, the comp claim would be removed from my record

    The next day I called the third party's insurer (FBD) and explained what had happened, and then they contacted the third party car's policyholder (the person driving the other car was not the registered owner nor the policyholder, despite telling me they were). FBD decided that day, based on both drivers accounts of what happened, that the other driver was at fault. FBD then approved a hire car for me through Enterprise. They assessed my car which had a damaged bumper, headlight, wheel, wing, bonnet and presumably other suspension/steering components (His 161 micra went 40km/h into the front left of my stationary 10 Audi A4) and deemed it a total loss and after some phone calls, we agreed on a value. This was interesting, they didn't take my car and pay me the value, they actually found a garage who offered me salvage value for it, and then they paid me the difference, so I "sold" the car to the garage even without ever communicating with them or seeing the car again, and they did a bank transfer for the salvage too.

    I've confirmed with Axa that at renewal time, my NCB and future premiums will be unaffected and that they don't require that this be declared on quotes I get as there were no claims on my own policy. (HOWEVER, most insurers seem to still want you declare non-fault accidents and this can lead to premium increases, it seems to just be Axa that don't care)

    So if I was in your position, I'd just contact your insurer and notify them and inform you don't want to claim at this time, then contact their insurer and give them your account of what happened along with any dashcam/cctv footage if available. They will either determine their driver was at fault and pay out for your claim, or they could say you were at fault and reject your claim. If this happens, you can then go back and tell your own insurer you want to claim from your own policy for your car to be repaired, this will lose your NCB and raise your premiums, especially if the other driver successfully claims from your policy for the damage on their car.



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