Insurance company denied liability - RTA

Gabulek16

Hi,

I was in RTA, due which I have a serious injuries. There was no gardai, all I had was a car reg. When contacted MIBI, I was told that driver had the insurance on the day of the accident. When my solicitor has contacted this insurance company, they first said they couldn't contact the driver, and then came back to us saying they are no liable for the accident.

The case is now with PIAB, but more likely will need to go to court due to extent of my injuries.

Can insurance company denied liability because they couldn't get in contact with driver to get his version of the accident, or could be the case that he had an insurance, suppose to pay monthly but didn't pay for that month?

We tried to contact insurance company, but no response, and going to court means I would be waiting much longer for compensation, and barely can afford medical bills now.

Eggs For Dinner

The existence, or lack of, an insurance policy has no bearing on liability. It just determines which route you take to seek redress. In addition, the extent of any injuries is irrelevant if it cannot be established that the other driver was at fault for the accident. The 3rd party's decision to deny liability is based on their assessment of the circumstances, having probably taken their version of events.

The onus is on you to establish your version of events with the aid of physical evidence or independent witnesses. Without these on your side, it depends on how far you want to take it

Gabulek16

I have a witness and enough evidence to prove he caused the accident.

The driver just never replied to any letter, not answered any phone call from my solicitor. And from what I know, he has done the same to his insurance company.

So I'm just not sure if 3rd party denied liability as he told them there was no accident or just simply they couldn't contact him.

Now I'm suing MIBI and the driver, as we had no other choice.

Eggs For Dinner

If he had insurance, the MIBI cannot get involved, you have to direct your actions towards him and his insurer. If he is not co-operating with his insurer, it weakens their defence. Add in your witnesses, his insurers will move to settle when pressure is applied from your solicitor, assuming your witness is independent.

mickdw

I'd imagine it is standard procedure for them to start off at this point claiming no liability.

Get a good attack dog of a solicitor and let them at it.

Of course letters will come back blaming you for all sorts but take no notice, it will work out in the end.

Eggs For Dinner

They'll deny liability to buy them time to try and engage with their policyholder. They can only do that for so long before a good solicitor puts manners on them

Gabulek16

The problem is I don't think my solicitor is doing good job. I've emailed MIBI to see if the driver had an insurance, forwarded that email with policy to my solicitor. Then he got back to me after few weeks saying that 3rd party tried to contact the driver but no luck with that. So they said they are no liable for this accident, that's all.

Now the case is with PIAB but the last last day to assess my case is in less than 3 months. And my solicitor asked me if I'm sure the driver didn't have a valid insurance, I was like wtf, you told me after contacting his insurance company that he didn't have valid policy on that day, but he said that 3rd party only denied liability due to lack of communication, but sure, it's shouldn't be my problem. Now I'm not sure what to do.

So not sure what to do, push solicitor to get a confirmation letter from 3rd party, change solicitor, but would it be wise now when PIAB is going to assess my case in 3 months. Now we are suing the driver and MiBI.

Eggs For Dinner

Firstly, the 3rd party is the other driver involved in the accident, not his insurance company. I know it's only terminology but it's muddling up the information you are providing.

You say you emailed the policy to your solicitor, do you mean the policy number the MIBI gave to you?

Earlier you said that it would be likely that PIAB will release the assessment due to the extent of your injuries. When this happens, your solicitor will instigate proceedings to bring the matter to court. This will stir the 3rd party's insurer to engage in discussions

Gabulek16

Yes, I have emailed MIBI to ask if the driver had a valid insurance policy, and they have emailed me back with name of his insurance company and policy. I have forwarded this info to my solicitor.

Was weird at first that I have obtained that info not him, but maybe I got response faster.

My solicitor said that PIAB more likely won't be able to assess my case due to extent of my injuries. I will need more than one surgery, 1st in a month.

Just to mention, the case is with PIAB now nearly 2 years, they have moved the final assessment date twice, that's why my solicitor thinks PIAB might release the assessment.

Henry Ford III

You said in your 1st post that the 3rd party's insurer said they are not accepting liability. They won't have done that without reason.

It's no longer a MIBI issue. The 3rd party was insured.

You need to get your legal case progressing much more quickly imho. If your solicitor isn't performing tell them that you are unhappy, and that they need to step up on this, or else you'll find another firm that will.

Gabulek16

I have contacted my solicitor. He has sent an email to 3rd party's insurer to confirm the reason why they denied liability and to confirm that 3rd party had a valid insurance on the day of the accident. My solicitor said that during one phone call few months ago, 3rd party's insurer said that he didn't pay for that month for his insurance so he didn't have a valid insurance. Waiting for their reply.

Eggs For Dinner

Not paying a direct debit does not invalidate an insurance policy whatsoever. In the event of a missed payment, insurers have to go through a formal cancellation process, as outlined in the policy. If the Insuer has done this (and the notice period has elapsed at the time of the accident) your route for compensation is the MIBI, if not the 3rd party's insurer must handle the matter

Gabulek16

Thank you for all replies.

We have lodged the case with PIAB nearly 2 years ago, all the time I though that 3rd party didn't have an insurance, even if MIBI provided me with his policy number, because that's what my solicitor told me. 3 weeks ago when I went to him to review my case he told me he is not sure if 3rd party had an insurance or not. Only 2 months left for PIAB to assess my case and we are at the point where we started 🙈

He has contacted 3rd party's insurer to confirm it. Could I loose the case if 3rd party had an insurance and my solicitor made mistake and sued MIBI? Or would PIAB release the assessment to court and there we could sue 3rd party's insurer if he really had an insurance?

boardlady

To me, it sounds as though your solicitor should include both the third party and the MIBI on the proceedings. Either party can be let out of the proceedings at a later stage. It makes little difference whether PIAB assess your claim or not. If they do, you are likely to reject it anyway as being not enough compensation. Either way, they will issue you with the necessary authorisation allowing you to take proceedings. Once the proceedings issue, a procedural train usually takes off and matters progress. It might be helpful for you if you could withdraw a bit from the legal process. You have injuries and upcoming surgery which is enough on your plate. Proceedings are long and protracted and there is generally no quick fix. If you have serious injuries, your counsel will not want to engage in either settlement talks or running a hearing until your injuries have crystalised. This process takes time. A lot of folks run themselves into the ground with the procedural aspect of their proceedings. That is for your solicitor and counsel to deal with. Once your proceedings are not issued out of time - statute barred - things should work out just fine for you - it will take its time though. Best of luck.

Gabulek16

Thank you so much! Yes, my solicitor included both, 3rd party and MIBI.

My injuries are very serious and I will need few surgeries, but there is also a risk of any potential complications that could cause even disability or even more surgeries. I am waiting for medical report from neurosurgeon. He said to predict how many surgeries I might need, would I be ok in 5/10/20 or more years is very difficult.

So I guess I need to prepare myself for a long battle :(

Thank you everyone for all replies. I was just worry so much that I might loose a case and be left with all medical bills.

Gabulek16

Update on my case:

PIAB has contacted my solicitor today. Due to extensive injuries they can't assess my case. They are going to release it to the high court.

Good news is that finally 3rd party's insurance company decided to talk to us, so he had a valid insurance on the day of accident. My solicitor said that hopefully by end of the year we should resolve the case with them.

And final... I had my spinal fusion surgery, all going well as far. But still 3 more discs to be fixed in the future.