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Is this driver not covered by his own insurance?

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  • 06-03-2024 11:30pm
    #1
    Registered Users Posts: 560 ✭✭✭


    My dog (large heavy breed) ran up against another drivers car and did severe damage while she was not on her lead. The dog has soft tissue damage and the car has a broken light and wing need replacement. Am I liable or is it covered on his policy. I admitted liability.

    The dog will be fine but the damage is heading for e2k (guestimate wing, light labour). The guy was nothing but decent and brought me and dog to the vets but wife is questioning every little thing. Why this why that what year what supplier.

    Advice please as domestic envoirnment is getting sour. I dont like screwing decent people around. Also dont like domestic tension either.

    Advice without judgement please.



«1

Comments

  • Registered Users Posts: 23,265 ✭✭✭✭mickdw


    If your dog did the damage, it doesn't matter if he driver has the best policy in the world, it is up.to you to sort it.



  • Registered Users Posts: 1,436 ✭✭✭phelixoflaherty


    Might be covered as part of your house insurance.



  • Registered Users Posts: 1,554 ✭✭✭Gooser14


    Assuming the car owner has fully comprehensive insurance why should they suffer the loss of no claims bonus & likely increase in future premium for making a claim on their policy as a result of your carelessness. If they have third party cover only then repair of their vehicle is not covered.



  • Registered Users Posts: 1,354 ✭✭✭Lenar3556


    The first question arising is that of liability - who was at fault. It is clear from your summary that you believe the dog and you as its owner were responsible, but you haven’t provided the detail as to why you have reached this conclusion. Was the driver completely blameless? Or could better observation on his part avoided the incident?

    If it were to be assumed that you were found to be negligent and fully responsible for the incident - Whether he could potentially make a claim on his own insurance will depend on the type of policy he has. Note however that even if he did have comprehensive cover, it is possible that the insurer may subsequently pursue you for the costs incurred.



  • Registered Users Posts: 1,578 ✭✭✭JayRoc


    It sounds like you're putting your hands up that you're totally at fault here (hope the dog is okay btw) and it sounds like your man is being fair about it and is a decent sort, so fair play to you both.


    If you'll pardon me saying so your wife sounds like the problem here.

    Sort it whatever way the guy wants, if he's being reasonable, and tell her not to be making things worse

    Post edited by JayRoc on


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  • Registered Users Posts: 15,829 ✭✭✭✭Seve OB


    Why do you think the driver should claim off his own insurance and loose his no claims bonus and not be able to shop around for better prices for the next 5 years. Do you think they should also pay any excess themselves also? Do you think they should also pay for you get bills?

    why have you not got pet insurance for such instances if your dog is so big?



  • Registered Users Posts: 560 ✭✭✭SupaCat95


    I am fully peeved with wifes question about liability . The dog will recover and be grand. Most of it due to this gentlemans fast actions and diligence.

    I really want to get the wife to stop fupping around allow the man back on the road and say thank you for saving our dog. My problem is I dont have control over finances. And still in position of negotiating with this gentleman.



  • Registered Users Posts: 23,265 ✭✭✭✭mickdw


    Absolutely.

    All it would take here is wife to call up the car owner quizing them about paying themselves and turn the whole thing into an expensive mess that you don't appear to have insurance to cover.



  • Registered Users Posts: 2,194 ✭✭✭sprucemoose




  • Moderators, Politics Moderators Posts: 38,907 Mod ✭✭✭✭Seth Brundle


    I really want to get the wife to stop fupping around allow the man back on the road and say thank you for saving our dog. My problem is I dont have control over finances. And still in position of negotiating with this gentleman.

    From what youve described, the man is completely in the right here so not sure why there is ongoing negotiations.

    As for what bodyshop to use - this is entirely at the man's discretion. He can take your money and keep it - it has nothing to do with you in reality - your involvement is solely the payment of compensation for the damage.

    It was your responsibility as the dog owner to make sure it was under control (and I'm not being judgemental). Your wife needs to understand this.

    Piss him off and the man could just decide to head down the legal route and it will cost you a lot more. Just be grateful that your dog is ok and the man so far has been sound but your wife shouldn't be trying to push him around as that us more likely to backfire.



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  • Registered Users Posts: 560 ✭✭✭SupaCat95


    @Seve OB First I asked for no judgements.

    I am in the position where I am put between a genuine guy and wife. Yes i recognise I was in the wrong. I was wondering if there was an easier option. Pet insurance for her would be 800e. She is a beautiful pure breed dog given to me by my brother in law, that is why she is ours. She is a wonderful support companion for me.

    I am trying to get to a reason why we should not just settle quickly.



  • Registered Users Posts: 1,078 ✭✭✭db


    Count yourself lucky the driver isn't taking it any further and pay whatever it costs to get his car fixed. It sounds like he has been very decent about it and you or your wife are messing him around.



  • Registered Users Posts: 2,377 ✭✭✭Sono


    Contact your home insurer if you have no pet insurance, dog not kept under control, you’re liable, ignore(difficult I know) your wife, her/your dog caused the damage and it’s your responsibility to get it resolved either privately or by insurance.

    You most likely will have an excess to pay here, the insurer will pay the balance.



  • Registered Users Posts: 560 ✭✭✭SupaCat95


    @Seth Brundle because my wife has put me in the impossible position of dealing with him without access to cash. I now recognise this would be better settled quickly without lawyers.

    I see this could easily end up with solicitors. Then we really would have problems.



  • Registered Users Posts: 2,377 ✭✭✭Sono


    Well your wife would want to start being reasonable here and accept what has happened, either deal privately or let insurer pay out. It’s as simple as that really.



  • Registered Users Posts: 1,078 ✭✭✭db


    If he reports you to the dog warden you could also be liable for a fine so it is really not in your best interests to mess him about.



  • Registered Users Posts: 3,273 ✭✭✭...Ghost...


    OP, you are at fault for not having control of dog.

    Your Wife is obviously annoyed that she has to pay the money, so is questioning blame and how to get out of it without paying.

    If it were a child, then the driver would be screwed for years by insurance. Funny how insurance works regardless of blame.

    Stay Free



  • Registered Users Posts: 560 ✭✭✭SupaCat95


    Dealt with the home insurer before. They are nearly impossible to get money out of. I favour a quick cash payment. I need to show my wife fupping around and asking questions to delay/ deny isnt the way to go.



  • Moderators, Politics Moderators Posts: 38,907 Mod ✭✭✭✭Seth Brundle


    Show her this thread. If she doesn't comprehend the liability on you both afterwards, then maybe she shouldn't be in charge of your finances.

    FWIW we got a golden retreiver pup last summer. Within a week we had a vet bill of over €400. Thankfully the dog was fine afterwards but I made sure that I have insurance to cover any costs including third party liability



  • Registered Users Posts: 2,377 ✭✭✭Sono


    Why would they be impossible to get money out of? If the claim is genuine it’s not in their interests to dig their heals in, makes no sense for them to behave in that way.

    If the claim is as you have described and you have cover then the claim gets paid, simple as



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  • Registered Users Posts: 6 Chris500ie


    your dog was not on its lead and under control on the public highway an offence in its own right, your fault 100%, why would he claim off his own insurance and have to pay an excess and higher premiums for years to come because of no fault of his.

    If you piss him off you could find yourself liable for his solicitor/legal fees and he may put the car into a main dealer for repair and the bill from them will be substantially more.

    He will also be entitled to claim for compensation for the reduced value of his car as it is now been in an accident and repaired and will need to be declaired when he sells it or trades it in.

    pay the bill, put it down to experience and count yourself lucky to get off so lightly



  • Registered Users Posts: 2,377 ✭✭✭Sono


    Is this a restricted dog by any chance? If so then you could have issues with the insurer as some dogs are excluded from cover, otherwise the claim will be processed as normal and the innocent party gets paid once you pay your excess.



  • Registered Users Posts: 560 ✭✭✭SupaCat95


    @Sono they only covered 30% approx and wouldnt pay for oil clean up spillage caused by previous owner. The report came back a fraction under the acceptable limits.



  • Registered Users Posts: 2,377 ✭✭✭Sono


    They shouldn’t pay for anything that occurred whilst they were not the insurer; this would have been all advised by the appointed loss adjuster.

    anyway, you’ve been given plenty of advice here, you and your missus should take it.



  • Registered Users Posts: 560 ✭✭✭SupaCat95


    No it is not restricted breed. Large but not listed as restricted



  • Registered Users Posts: 23,265 ✭✭✭✭mickdw


    Oh Jesus, you didn't put in a claim related to oil spillage?

    You were probably lucky that the insurer considered themselves not liable.

    I hear horror stories of insurers coming in and removing entire gardens, removing soil from neighboirs gardens. Taking floors out etc all adding up to massive claim.



  • Registered Users Posts: 560 ✭✭✭SupaCat95


    @Peregrinusc@perecould you please close thread. Answers sought has been found many thanks to all who replied. Ferme.



  • Registered Users Posts: 25,692 ✭✭✭✭Mrs OBumble


    Does you wife really want the other man's insurance company to start pursuing you for negligence? Negotiation with him is a walk in the park, compared to negotiation with them.



  • Registered Users Posts: 26,065 ✭✭✭✭Peregrinus




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  • Registered Users Posts: 560 ✭✭✭SupaCat95


    @hullaballoo hi Mod. Can you please close the thread?



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