Third party vs own insurance

gaming_needs90

Hi all,

Was in an accident recently down a narrow country road where a UK tour coach swiped the rear of my car. All the third parties fault as I had stopped but unfortunately I did not have my dash cam up. I have two claims ongoing; one with my insurer and one with the third party. My own insurer got the assesor out and it has been marked as a write off, I get around ~3k or a litte less.

The third party insurer kept asking for documentation. I have been pleading my case back and forth with images, road widths, vehicle widths etc but they are coming back and saying its 50:50. Of course the third party is denying liabaility even though the driver profusely apologised on the scene was offered me pounds. I have been informed that means they will pay 50% of my damange. The third party is not claiming so nothing there.

Now I am in a conundrum. Do I claim through my insurance for the 2800 and let them get something from the TP or do I just take the 50% (But 50% of what? They may not write it off in that regard). I have full No claims protection but obviously this claim will mean that one chance is gone.

Thanks.

coylemj

Do not entertain a 50% offer. Even if you were parked badly, there is no excuse for hitting a stationary car. They are trying it on, first by offering a quick 50% settlement, then by stringing you out. They're hoping that you will cave in.

If you were both travelling in opposite directions and you met that bus on on a narrow road, a scrape might be a case of 50/50 blame but if your vehicle was stationary, it is 100% his fault.

Remember that new and used car prices are lower in the UK so chances are that 50% of what they think your car is worth will be pennies. Refuse that offer outright. Make out that you have developed a pain in your neck and have spoken to a peronal injury lawyer in the UK - quote the name of a town close to them. That may get them to settle quickly and to your satisfaction.

Seth Brundle

https://www.boards.ie/discussion/comment/122506731#Comment_122506731

and have spoken to a peronal injury lawyer in the UK

Wouldn't Irish law rather than UK law apply in this case?

coylemj

https://www.boards.ie/discussion/comment/122506792#Comment_122506792

Probably. But if the OP takes a case in the Irish courts and wins, how does he enforce the court order? The bus owner and his insurer may have no operation in Ireland. I would threaten to chase them where they have registered offices and assets.

In any event, I was merely suggesting it as a bluff.

gaming_needs90

Sorry we were both travelling in two separate directions. I stopped and pulled in as it was obvious he would not make it at all. He just…kept going and hit my car.

I have no dash cam so no 100% proof I stopped but I have tried to show them that if I didn't stop all of the side of the car would be toast. It just doesn't make sense. The bus company is saying I kept driving and went to the right hitting them. Bear in mind this is a ~4.8m narrow country road and the coach being 2.6/2.8m wide.

Its actually just the principal of the matter and lies that is driving me up the wall now. I want to inflict as much pain as possible onto this company for lying.

gaming_needs90

https://www.boards.ie/discussion/comment/122506959#Comment_122506959

No there is no operation for the company in Ireland. It seems like a dodgy enough company with no website etc. It is run by a Chinese individual and when it hit me it was filled with around 50 asian tourists plus the Bulgarian bus driver. I had to do my own sherlock holmes to actually get the Insurance details even.

Eggs For Dinner

https://www.boards.ie/discussion/comment/122507102#Comment_122507102

If you play silly beggars alleging an injury which isn't true, you have the potential of 50 counter claims coming against you.

If you can't prove you were stopped, 50 / 50 is the only realistic outcome. Remember, 50 / 50 does not mean you both just look after your own loss. He (his insurer) pays half your loss and you (your insurer) pays half his loss.. The amounts involved can be totally disproportionate, as seems the case here. Your insurer can compensate you for the difference in what the third party pays you up to the market value of your vehicle.