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Accident with mods on my car the other person took liability.

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  • 28-02-2024 6:17pm
    #1
    Registered Users Posts: 7


    A guy pulled out infront of my car on a junction and I didn't have enough breaking distance and crashed into his back wheel. My car has coilovers but they are not declared. My car will be inspected by Assess Ireland working on behalf of an insurance company. The other guy took liability and I got a replacement car. I am just wondering if the inspectors is gonna be digging into my car which is over 20 years old or only look at the damage.

    Post edited by L1011 on


«1

Comments

  • Posts: 0 [Deleted User]


    Im pretty sure as well as the damage the assessor is looking for any evidence of defect that would have left you liable.

    The insurance company wants nothing more than an excuse not to pay so I can’t imagine they’ll just do a quick check to confirm the extent of damage. Could be wrong though.



  • Registered Users, Subscribers Posts: 13,437 ✭✭✭✭antodeco


    Surely if the other guy claimed liability than it doesn't matter about the OPs car now?



  • Registered Users Posts: 6,813 ✭✭✭Alkers


    The assessor is only to verify damage and pick a number for the insurance company to offer you. You can employ your own to dispute that figure and try and get more



  • Registered Users Posts: 4,171 ✭✭✭Goose81


    I had one of these assessors come out to look at my bike before when I got hit, clueless isn't the word. They aren't mechanics.

    It's absolutely none of his business or the other parties insurers business whether you have your coilovers declared with your insurer. Other party has accepted liability.

    That's under the assumption the assessor is being sent by the other parties insurance company. I assume this is the case if they accepted liability.



  • Registered Users Posts: 2,209 ✭✭✭Miscreant


    Don't be surprised if, at over 20 years old, they look to write off the car. Cost of repair may be deemed uneconomical.



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  • Registered Users Posts: 18,904 ✭✭✭✭Del2005


    The insurance companies deal with the claim not the driver. What a person says at an RTC doesn't matter as people are in shock. If the assessor spots a reason why the OP couldn't stop in time (bald tyres, bad brakes or incorrectly setup suspension) they will reduce the payout from 100% to 70%-30% or 50%-50%



  • Registered Users Posts: 7 Zuzuzu355


    Both me and the third party are with AXA, i feel like that might make it difficult. I made them assess the car at my house. The car is in perfect condition, brand new tyres, brakes etc. Only thing I am worried about is the coilovers, i will raise the car a small bit before they come. Hopefully it will be all good. It will be 100% written off and I am ready for it, I just wanna make sure I get my money



  • Registered Users Posts: 2,944 ✭✭✭Eggs For Dinner


    As Del2005 said, the assessor may raise it that the modification has an influence over the accident. Given that you are both with the same insurer, the claims handlers will have a discussion about this aspect

    If liability goes fully against the 3rd party, it will be a question of agreeing a value for settlement. However, your insurer (for want of a better description), may take action over the undeclared modification, now that they are aware of it.

    If liability is apportioned, the 3rd party will settle the % of their clients exposure for your damage. If you want to claim for the balance of your loss under your comprehensive policy, they may refuse indemnity. The 3rd party would be entitled to claim for the % of his loss that you were deemed liable for. Having refused indemnity, they would be entitled to recover their outlay from you



  • Registered Users Posts: 1,296 ✭✭✭tomhammer..


    It's a bad idea not disclosing

    If they find out they may cancel. Hopefully not but learn a lesson here.



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


    Something to consider, how do you know there are coilovers on your car? 99% of people have no idea what they look like so why would you?

    Why would shocks/springs not made by the original car manufacturer count as modifications? I have non OEM shocks and springs on my car after replacing them recently as part of wear and tear, i went with a well regarded manufacturer instead.

    Lastly, the only risk i see is that when they write off your car you wont get the value for the additional cost the coilover stand you on the car v oem but im sure you can live with that.



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  • Registered Users Posts: 7 Zuzuzu355


    Thanks guys, I would 100% declare everything but I am sure you know how insurance in Ireland is. I have tried and they wouldn't even try to insure it when declaring a single thing..



  • Registered Users Posts: 3,839 ✭✭✭Iseedeadpixels


    The lad I dealt with from Assess Ireland was sound, an ex mechanic, he pushed AXA to help me quicker as they were dragging their heels, he will just check the damage and see if it's repairable or a write off, they are independent so have no loyalty to the Insurance company.



  • Registered Users Posts: 5,910 ✭✭✭kirving


    Coilovers are generally added to intentionally change the handling characteristics of the car, rather than trying to replicate the OEM part.

    It is their business, in the sense that a performance modification could effect the ability of the driver to avoid an otherwise avoidable collision.

    It's not about just the declaration, but moreso that if the modification is declared to, and accepted by your insurance company, the third party's insurance company know that the mod has already been categorised as cosmetic or performance. If it's a performance mod, it will have already been signed off by an engineer that it safe for use on the road.

    If a driver wrongly pulls out in front of you on a rainy night, and you had a tinted windscreen, smoked headlights, tyres meant for track use only, and different brakes, it could be argued by the other insurer that the modifications to your car prevented you from stopping in time. Accepting liability on the roadside means very little.



  • Posts: 0 [Deleted User]


    Sorry, can’t help this comment… as I scrolled by I took it that OP had run down a few Boards mods and thought “that’s taking it a bit far” 😱🤣



  • Registered Users Posts: 706 ✭✭✭Sir Galahad


    But you didn't declare everything. And your "you know how insurance in Ireland is" line is stupid. If you answered "No" to a question about alterations or modifications then you made a non disclosure.



  • Registered Users Posts: 5,925 ✭✭✭User1998


    Like most things on here your not going to get a definite answer so it’s best to just wait for the assessor to come out



  • Registered Users Posts: 7 Zuzuzu355


    Thank you



  • Registered Users Posts: 1,051 ✭✭✭Whocare


    You should be OK once tyres are legal brake pads are over Minimum tickness and same with no abs lights on dash



  • Registered Users Posts: 33,693 ✭✭✭✭listermint


    Why not swap them back to standard. Did you keep the springs ?



  • Registered Users Posts: 1,007 ✭✭✭BlakeS94


    I had an assessor call out to my then 15 year old car, same situation the other person admitted liability.

    Lad that came to look at the car was there for maybe 2 minutes. All the damage was on the passenger wing he just looked at that

    That was a basic Fiesta though, might be different if it's a 20 year old slammed Altezza



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  • Registered Users Posts: 1,296 ✭✭✭tomhammer..


    It's the investigators you have to watch out for

    If they come out it's trouble if there's discrepancies



  • Registered Users Posts: 5,075 ✭✭✭mikeecho


    So, basically, what will happen is.

    They will class your car as wright off.

    And give you blue book value (if you're lucky)



  • Registered Users Posts: 6,813 ✭✭✭Alkers


    Bear in mind the assessor works for the person paying them



  • Registered Users Posts: 7 Zuzuzu355


    Insurance got cancelled and the claim aswell. Lesson learned lol..



  • Registered Users Posts: 33,693 ✭✭✭✭listermint


    Should have put it back to stock..



  • Registered Users Posts: 7 Zuzuzu355


    Car was at a garage and he wouldnt bring it to my house because he was "BUSY"



  • Registered Users Posts: 282 ✭✭antfin


    The downside if they cancelled your policy is that it's another disclosure on your next quotation when they ask whether you've ever had an insurance policy cancelled!



  • Moderators, Business & Finance Moderators Posts: 17,635 Mod ✭✭✭✭Henry Ford III




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


    Made up thread, and a waste of the read it turns out.



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  • Registered Users, Subscribers Posts: 13,437 ✭✭✭✭antodeco


    Yep definitely seems like a nonsense thread now. Insurance Co cancelling insurance isint as straight forward as what the OP said...



This discussion has been closed.
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