car accident

trixi78

HI,

Previously, there was an accident in which the other party lived with a claim. What happens if I don't admit it and say it was his fault? The Gardai said it would be up to the insurance company to decide.
The damage to the other car is insignificant, it can be repaired with one move, nothing is visible on my car, because the two cars just touched.
The other party also reported personal injuries afterwards, which even the police officer was surprised by, even though he did not indicate a problem at the scene, and the force/speed of the collision between the two cars precludes the possibility of personal injuries.

I have two questions about this case...
Has anyone ever had a case where the insurance company said that they would not pay because the claim was baseless, i.e. it was not my fault,and isn't there enough damage to the car to justify paying for the damage (according to the gardaí, they are clearly only out to get money)?

The other is that after this I can make a claim against the other party on the spot and because of the stress caused since then? (If yes, where and how to do this?)

Thank you

coylemj

If the other guy is mentioning personal injury, you need to report it to your insurance and let them deal with it.

Forget about suing him for stress. That would be a one-way flow of your money into the pockets of lawyers.

trixi78

I don't think I should let him get any money as the insurance company will pay but he is skyrocketing the cost of my insurance and I losing my bonus because he is a scammer!

Seth Brundle

https://www.boards.ie/discussion/comment/122078248#Comment_122078248

You have pretty much no say in whether your insurance company will pay the other driver.

coylemj

https://www.boards.ie/discussion/comment/122078248#Comment_122078248

I'm reading that statement to mean that you think that not reporting the incident to your insurance will prevent him getting a payout. That would not be a clever tactic - it doesn't work that way. Unless you own a nationwide chain of burger joints.

Cover your ass and report it to your insurance.

trixi78

https://www.boards.ie/discussion/comment/122078323#Comment_122078323

You got it wrong! The insurance company knows everything. The fact is clear to me and the Gardai alike that they want to commit insurance fraud, but the insurer doesn't care and I fear they will be paid. I wouldn't care, but my bonus will be taken away and I will have much more insurance, which I don't want!

coylemj

https://www.boards.ie/discussion/comment/122082445#Comment_122082445

well then I also misread your statement in which you said:

I don't think I should let him get any money

because you will have no say in the matter. I can understand your frustration but insurance companies reserve the right to negotiate with the other party without reference to you and to settle the claim as they see fit.

trixi78

https://www.boards.ie/discussion/comment/122083811#Comment_122083811

And then they raise my insurance premiums and take away my bonus... This is very unfair and frustrating. There is definitely a legal remedy somewhere if I disagree with their decision, but I don't know where and how to start...

FishOnABike

An insurance company will be pragmatic and do whatever is the least cost to them. That can include not contesting a small claim if it saves more in time and legal costs than contesting it would.

trixi78

https://www.boards.ie/discussion/comment/122084676#Comment_122084676

At the moment, the insurance company is blaming me, even though the other party didn't keep the following distance and the Gardai saw it that way.
Therefore, the insurance company will pay the other party, who has already submitted a claim for personal injury, even though the two cars have just collided (The damage could have been repaired on the spot with a wave of the hand, or even a mechanic could have done it for free, but the other party refused to do so, since he wants to get a lot of money from the insurance company for nothing), and the speed and other conditions exclude the possibility of personal injury.

cml387

I think you are in a state of denial.

An accident occurred which the information supplied from all sides indicated that you were at fault.

Your insurance company will settle for what they believe are the total damages due to the other party.

You have no say in the matter.

If you think you should get legal remedy for the things you are suggesting, if you even persuade a solicitor to take your case, it will be a waste of money.

My strong advice is forget it and move on.

trixi78

https://www.boards.ie/discussion/comment/122084717#Comment_122084717

I'm not in a state of denial, but I KNOW that it wasn't my fault. If the person behind me keeps a following distance, the two cars will not meet. And no, I am not willing to bear extra costs for years because of a scammer!

cml387

https://www.boards.ie/discussion/comment/122084772#Comment_122084772

So are you saying a car ran into the back of you?

coylemj

https://www.boards.ie/discussion/comment/122084772#Comment_122084772

How did you manage to get rear ended and then the insurance think it was your fault?

Were you hit by a car which was following you?

trixi78

https://www.boards.ie/discussion/comment/122084786#Comment_122084786

I stopped on a hill and put the car in reverse, which rolled back a few inches without stepping on the gas.

The other car was so close that the two cars collided, but no sound of impact was heard.

I stopped on a hill and put the car in reverse, which rolled back a few inches without stepping on the gas.

The other car was so close that the two cars collided, but no sound of impact was heard.

I spoke to the Gardai later and told him that there was also a personal injury report and the Gardai also said that it was clearly to get money from the insurance company

delboythedub

https://www.boards.ie/discussion/2058349402/car-accident

Get yourself a Dashcam and make it only available o your Insurance Company

trixi78

https://www.boards.ie/discussion/comment/122084859#Comment_122084859

The daschcam only recorded the image in front of me, I sent this to the insurance company, who said that it cannot be proven that there was insufficient following distance between the two cars. I think the recording shows that I barely rolled back 1-2 meters, and the speed is also perceptible....

CoBo55

You rolled back or reversed back into another vehicle of course it's your fault. Whether they claim for a tenner or for thousands it has nothing to do with you, the insurance company will decide what they're paying out. If you don't have no claims protection you'll start from scratch when your renewal date comes around.

trixi78

https://www.boards.ie/discussion/comment/122084921#Comment_122084921

How could it be my fault if he didn't keep the right distance from me? If he had stopped at the right distance, the two cars would not touch!

irelandrover

https://www.boards.ie/discussion/comment/122084935#Comment_122084935

If you hadn't rolled backwards the accident wouldn't have happened. Him being further back might have helped avoid a collusion but it was caused by you going backwards.

trixi78

https://www.boards.ie/discussion/comment/122084973#Comment_122084973

The traffic rules clearly describe how much distance you must keep behind the car in front of you. If the car behind me complies, there is no contact, so I definitely don't see it as my fault

Seth Brundle

https://www.boards.ie/discussion/comment/122084998#Comment_122084998

Can you post a link to where the Road Traffic Act says this please?

trixi78

https://www.boards.ie/discussion/comment/122085011#Comment_122085011

It is sad that the majority of drivers in Ireland do not know the rules.

https://www.curriculumonline.ie/getmedia/997056e3-2792-4ef6-8b6c-ef80c0dfccd8/Revised-LCVP-Programme-Statement_June-22_EN.pdf

coylemj

https://www.boards.ie/discussion/comment/122084998#Comment_122084998

Those guideline are when moving. If you're on a hill at a red light and your car rolls back when you go to move off, there is no excuse. And there is no minimum distance spaecified for the car behind you. It makes sense to leave some space on an uphill stop, in case the guy in front does roll back but if they do and hit you, it's his fault.

If you do the driving test and roll back on a hill start, it's a fail. Does that make it clearer?

Kimbot

Thats not the road traffic act…………

You were stopped and rolled backwards into another car, you are 100% at fault as you were not in control of your motor as per your own words.

trixi78

https://www.boards.ie/discussion/comment/122085037#Comment_122085037

Common sense makes it clear that I don't park in close proximity to the car in front of me (especially on a hill) unless I want to intentionally cause damage to collect good money from the insurance company. People's behavior is seriously disgusting. Last year another party knocked my car out from under me. My car was a total loss, the insurance paid normally. I didn't go anywhere claiming personal injury damages, even though I could have done so according to them. People have no honor anymore. In this case, it would have been a simple gesture to snap back the protruding clips, or we could have even gone to the mechanic, skipping the insurance, but only money, money, money, not caring about how much damage we cause to the other person!

CoBo55

https://www.boards.ie/discussion/comment/122084935#Comment_122084935

What distance do you need? You only stopped rolling backwards when you hit the other vehicle. You obviously weren't in control of the vehicle at the time as was pointed out to you by the Guard. Your NCB, unless you have NCB protection in place is now gone, the joys of motoring I'm afraid. What the other party choose to do is between them and your insurance company.

A PDF from an LCVP course isn't the road traffic act, as was pointed out to you earlier.

Is it your car in your name, insurance in your name etc or are you a named driver?

Kimbot

Common sense also says keep your foot on the brake or put your handbrake on to avoid rolling into other traiffic on a hill.

FishOnABike

@OP By your description of the collision it sounds like you reversed into a vehicle which was stopped behind you. Did you not look behind before and during reversing? You reversing into a stationary object is 100% your fault. Any damage to the other vehicle is 100% on you / your insurance. The only question for your insurance company is how they manage any personal injury claim arising out of the collision to minimise their cost.

FishOnABike

https://www.boards.ie/discussion/comment/122084998#Comment_122084998

If we apply the two seconds rule of thumb, what distance does a stopped vehicle travel in two seconds?