Is this driver not covered by his own insurance?

SupaCat95

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.

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.

phelixoflaherty

Might be covered as part of your house insurance.

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.

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.

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

Seve OB

https://www.boards.ie/discussion/2058339263/is-this-driver-not-covered-by-his-own-insurance

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?

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.

mickdw

https://www.boards.ie/discussion/comment/121859189#Comment_121859189

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.

sprucemoose

https://www.boards.ie/discussion/2058339263/is-this-driver-not-covered-by-his-own-insurance

you shouldnt have your dog off the lead in public

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.

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.

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.

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.

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.

Sono

https://www.boards.ie/discussion/comment/121859293#Comment_121859293

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.

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.

...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.

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.

Seth Brundle

https://www.boards.ie/discussion/comment/121859293#Comment_121859293

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

Sono

https://www.boards.ie/discussion/comment/121859309#Comment_121859309

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

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

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.

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.

Sono

https://www.boards.ie/discussion/comment/121859344#Comment_121859344

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.

SupaCat95

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

mickdw

https://www.boards.ie/discussion/comment/121859344#Comment_121859344

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.

SupaCat95

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

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.

Peregrinus

https://www.boards.ie/discussion/comment/121859368#Comment_121859368

I'm not a mod. I think you want @hullaballoo.

SupaCat95

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

Seth Brundle

https://www.boards.ie/discussion/comment/121859405#Comment_121859405

To be fair, there would be absolutely no negotiations with his insurance company. They will simlly provide a (very large) bill and expect it to be paid in full.

tomhammer..

https://www.boards.ie/discussion/comment/121859321#Comment_121859321

I'd be careful about claiming off HI

Not unknown for them to cancel a policy in these circumstances ie: not controlling the dog

Eggs For Dinner

https://www.boards.ie/discussion/comment/121859667#Comment_121859667

Ridiculous comment. If the cover is there, they will pay it and move on.

tomhammer..

https://www.boards.ie/discussion/comment/121859701#Comment_121859701

Will they though

Dog off the leash

May be excluded

Sono

https://www.boards.ie/discussion/comment/121859710#Comment_121859710

Nonsense

Sono

https://www.boards.ie/discussion/comment/121859667#Comment_121859667

More nonsense

tomhammer..

https://www.boards.ie/discussion/comment/121859723#Comment_121859723

Are you trying to say something but don't have the words?

Peregrinus

If they're on cover, they have to pay. They can cancel the policy for the future, but not retrospectively, and the liablity has already arisen, so they have to meet it.

(They can cancel the policy for the future, but they won't. If they weren't happy to cover this kind of liablity, they wouldn't have written a policy that covers this kind of liablity. So I can't see why a single claim for a liablity that they have already decided they are happy to cover would lead them to consider cancelling the policy.)

If they're not on cover, they don't have to pay. But then, of course, they'd have no reason or need to cancel the policy.

Either way, cancellation of the policy doesn't look like a realistic possiblity to me.

beachhead

https://www.boards.ie/discussion/comment/121859243#Comment_121859243

That's the real dilemma-dog was off the lead and out of owner's control.As far as I know road accidents invovling a domestic animal-a dog(not a cat)should be reported.If,the situation gets sticky(the wife) the car owner might develope whiplash or worse and call the guards.My theory.

mickdw

A single claim won't cause a cancellation but

I know of a widow who made 3 household claims in about 4 years, all legit but on the 3rd claim she had a visit from insurer stating that they wouldn't be offering her cover after end of policy. She had about 20k off them for burst pipes in floor, chimney and damage due to roof leak.

Sono

https://www.boards.ie/discussion/comment/121859729#Comment_121859729

You’re talking shite Tom, that clear enough for you?

Flex2016

I was in a similar situation, except I was the driver and the dog ran at my car. The owner was walking along the road with the dog at the time.

He claimed on his house insurance for my car. They paid out very quickly.

https://www.boards.ie/discussion/comment/121860141#Comment_121860141

Yeah I say it’s fair to assume if you’re claiming frequently enough to cost more money than they’ll ever make off your policy it’s not worth it for insurance company

SupaCat95

The wife has seen the light once "solicitors" were mentioned. I am guessing if we had solicitors involved the cost would be at least be FOUR TIMES.

Going to get it settled by the end of the week. Any guy who packs someone elses bloodied dog into the back of their car has to be a good guy.

On reflection its a miracle the dog only got the equivalent of a busted lip. Thank you to all involved for advice especially anyone who mentioned "solicitors", it moved the process along.

@Seth Brundle @hullaballoo Can we close this thread please?

Seve OB

https://www.boards.ie/discussion/comment/121859252#Comment_121859252

Did I make or express any judgements?

nope.

all I did was ask questions….. which you basically didn’t answer.

you could ask your wife the same questions and see what she thinks then is a fair resolution

Seve OB

https://www.boards.ie/discussion/comment/121860317#Comment_121860317

good outcome by the looks of it so. Well done

delboythedub

https://www.boards.ie/discussion/comment/121859293#Comment_121859293

Stay out of Court, trust me

JayRoc

https://www.boards.ie/discussion/comment/121859252#Comment_121859252

As the owner of a giant breed myself, I've PM'd you some suggestions re. pet insurance.

For pure breeds it's practically a necessity, vet bills alone can run to insane money.

The most important thing is that the dog's alright anyway. Glad to hear it's all been resolved sensibly and amicably