Rear-ended by unaccompanied learner driver

tipperary · 30-09-2017 08:09PM #1

Was rear-ended yesterday evening by an unaccompanied learner driver. Both cars undrivable and have been towed away. My insurers were closed (was able to notify them about the incident but that was it) so haven't been able to discuss with them yet. The other party has admitted guilt (verbally) and offered to pay for damages.
It turns out though that because the other party was an unaccompanied learner driver they have stated that she was not insured. If the cost of repair is too high for her, do my insurers just claim from the Mibi? Will they cover the excess on my policy?
Also wondering if they are likely to cover for loss in value of my car (its a 171 kuga)? Any help appreciated.

testicles · 30-09-2017 08:11PM

This post has been deleted.

bazz26 · 30-09-2017 08:27PM

Their insurance company will still be obliged under law to pay to have your car repaired and any other associated 3rd party costs so there is nothing to worry about there from that side. Just make sure you get the details of any witnesses and gardai if called to the scene as you would be surprised how stories can change overnight when the initial shock is over and the usual bad advice given by family and friends in an attempt to avoid liability.

The other driver might be in deep **** though as their insurance company may well try to reclaim those costs back from their client through the courts if they feel it is financially worth going that route but that is not your concern.

Sue Pa Key Pa · 30-09-2017 10:29PM

Don't try and settle this away from her insurance. Most people usually baulk when they see the actual repair cost

mgbgt1978 · 01-10-2017 12:05AM

tipperary wrote: »

Also wondering if they are likely to cover for loss in value of my car (its a 171 kuga)? Any help appreciated.

The Depreciation is usually a fixed amount of the cost of repair (10%, or so). You really should engage a solicitor to help you with this incident. Despite what many here will say your own Insurers are simply interested in not having to pay out any costs, while the other Driver's Insurers will be determined to avoid paying out for as long (and as little) as possible.

ba_barabus · 01-10-2017 08:33AM

mgbgt1978 wrote: »

The Depreciation is usually a fixed amount of the cost of repair (10%, or so). You really should engage a solicitor to help you with this incident. Despite what many here will say your own Insurers are simply interested in not having to pay out any costs, while the other Driver's Insurers will be determined to avoid paying out for as long (and as little) as possible.

It's a pretty straight forward case and the OP is legally protected.

There's no dispute currently.

December2012 · 01-10-2017 08:37AM

If your car is that damaged make sure you're checked over physically too.

Gmaximum · 01-10-2017 08:52AM

You're covered

Her insurance company will try to minimise the payout, just as they wood with any claim. Assuming your physically ok I'd suggest using an independent motor engineer/assessor. They'll insure repairs are carried out to a high standard and the claim covers all loss

Pkiernan · 01-10-2017 09:19AM

Also be sure to ask the Guards to press charges.
Isn't there also a new law that the owner if the car is also criminally liable if permission was given.

This driver needs to be prosecuted.

https://www.google.ie/url?sa=t&source=web&rct=j&url=https://www.irishtimes.com/news/social-affairs/owners-to-be-accountable-if-car-driven-by-unaccompanied-learner-1.2928361%3Fmode%3Damp&ved=0ahUKEwi5rJS0_s7WAhULblAKHaPZDxUQFggfMAA&usg=AOvVaw2k4m6VuA0MP4sZDUN2E76X&ampcf=1

corks finest · 01-10-2017 09:25AM

Pkiernan wrote: »

Also be sure to ask the Guards to press charges.
Isn't there also a new law that the owner if the car is also criminally liable if permission was given.

This driver needs to be prosecuted.

https://www.google.ie/url?sa=t&source=web&rct=j&url=https://www.irishtimes.com/news/social-affairs/owners-to-be-accountable-if-car-driven-by-unaccompanied-learner-1.2928361%3Fmode%3Damp&ved=0ahUKEwi5rJS0_s7WAhULblAKHaPZDxUQFggfMAA&usg=AOvVaw2k4m6VuA0MP4sZDUN2E76X&ampcf=1

Rightly so,why the Gardai don't do their job,and take unaccompanied drivers off the road idont know,lived in Derry a long time, doesn't happen,only here in ballygobackwards

Pkiernan · 01-10-2017 09:29AM

BTW a 17-1 car that is undriveable is going to cost many many thousands to fix.

I love Sean nos · 01-10-2017 09:34AM

Sue Pa Key Pa wrote: »

Don't try and settle this away from her insurance. Most people usually baulk when they see the actual repair cost

I never understand why anyone would even consider this. No benefit. Just risk.

smelly sock · 01-10-2017 09:38AM

Give the learner a chance to front up the cost out of theur pocket first. Was it a youngster?

Listen we all have made mistakes on the road. A claim like this will follow them around for 10 years.

Nobody has been killed here etc and id think they will apply for their full license quick enough now.

If they said they'd pay give them the chance.

Pkiernan · 01-10-2017 09:43AM

smelly sock wrote: »

Give the learner a chance to front up the cost out of theur pocket first. Was it a youngster?

Listen we all have made mistakes on the road. A claim like this will follow them around for 10 years.

Nobody has been killed here etc and id think they will apply for their full license quick enough now.

If they said they'd pay give them the chance.

It's this attitude that increases the problem.

Ah...hear...it'll be grand....

smelly sock · 01-10-2017 09:48AM

Pkiernan wrote: »

It's this attitude that increases the problem.

Ah...hear...it'll be grand....

Empathy?

Its been done this way before amd worked out fine.

Yours is the typical "hang them from the yard arm" boards.ie robocop style attitude.

whomitconcerns · 01-10-2017 09:54AM

smelly sock wrote: »

Pkiernan wrote: »

It's this attitude that increases the problem.

Ah...hear...it'll be grand....

Empathy?

Its been done this way before amd worked out fine.

Yours is the typical "hang them from the yard arm" boards.ie robocop style attitude.

A chance? They hit the op with enough force to make the car undriveable. They ignored multiple breaches of the law. The repair bill will probably be over 10k as it's a new car. And if they can afford that, it will be mammy and daddy paying so they will learn nothing anyway...

So nope...

smelly sock · 01-10-2017 09:59AM

whomitconcerns wrote: »

A chance? They hit the op with enough force to make the car undriveable. They ignored multiple breaches of the law. The repair bill will probably be over 10k as it's a new car. And if they can afford that, it will be mammy and daddy paying so they will learn nothing anyway...

So nope...

If its that much then more than likely it will go through insurance so wheres the harm in giving the learner a chance to pay it?

I love Sean nos · 01-10-2017 09:59AM

smelly sock wrote: »

Give the learner a chance to front up the cost out of theur pocket first. Was it a youngster?

Listen we all have made mistakes on the road. A claim like this will follow them around for 10 years.

Nobody has been killed here etc and id think they will apply for their full license quick enough now.

If they said they'd pay give them the chance.

This is terrible advice.

smelly sock · 01-10-2017 09:59AM

I love Sean nos wrote: »

This is terrible advice.

Why?

degsie · 01-10-2017 10:00AM

smelly sock wrote: »

Empathy?

Its been done this way before amd worked out fine.

Yours is the typical "hang them from the yard arm" boards.ie robocop style attitude.

Empathy you say...

Learner driver was uninsured, unaccompanied AND caused an accident.

Let them hang indeed.

smelly sock · 01-10-2017 10:02AM

degsie wrote: »

Empathy you say...

Learner driver was uninsured, unaccompanied AND caused an accident.

Let them hang indeed.

The learner was insured to cover third party costs.

So they were fully insured to be on the road.

I love Sean nos · 01-10-2017 10:03AM

smelly sock wrote: »

Why?

Already answered earlier in the thread. The OP gets:

I love Sean nos wrote: »

No benefit. Just risk.

smelly sock · 01-10-2017 10:04AM

I love Sean nos wrote: »

Already answered earlier in the thread. The OP gets:

What risk? When quote is presented if offender refuses to pay then go through insurance.

Sue Pa Key Pa · 01-10-2017 10:06AM

You have up to 2 years to notify the 3rd party of your intention to claim for injuries, should you start to show symptoms. If you settle this privately and the 3rd party has failed to notify her insurer, it will get messy and protracted. You would still be compensated at the end of the day, though.

In my experience, even for damage only, the 3rd party will try and stiff you when the invoice arrives, let alone your additional losses such as car hire and depreciation. Their story on what happened often changes from the safety of their home.

Bottom line is it rarely works out well for either side

I love Sean nos · 01-10-2017 10:08AM

smelly sock wrote: »

What risk? When quote is presented if offender refuses to pay then go through insurance.

There is no benefit to the OP. They get nothing more from avoiding the insurance route.
The risk to the OP is that the process takes longer than it should, they get messed about with promises made but never honoured. They're then without their vehicle for longer, they don't get a replacement car while their own is being repaired.
It's strange that you don't understand all of the above.

Claim against their insurance company OP. Right now.

smelly sock · 01-10-2017 10:09AM

I love Sean nos wrote: »

There is no benefit to the OP. They get nothing more from avoiding the insurance route.
The risk to the OP is that the process takes longer than it should, they get messed about with promises made but never honoured. They're then without their vehicle for longer, they don't get a replacement car while their own is being repaired.
It's strange that you don't understand all of the above.

Claim against their insurance company OP. Right now.

Thats true.

Sue Pa Key Pa · 01-10-2017 10:09AM

smelly sock wrote: »

The learner was insured to cover third party costs.

So they were fully insured to be on the road.

The learner breached their policy conditions. The insurer being obliged to compensate innocent 3rd parties is different to them being insured

smelly sock · 01-10-2017 10:10AM

Sue Pa Key Pa wrote: »

The learner breached their policy conditions. The insurer being obliged to compensate innocent 3rd parties is different to them being insured

You said they were uninsured? Thays simply not true.

If they were uninsured the insurance provider would literally laugh at the claim.

GoldFour4 · 01-10-2017 10:17AM

Sue Pa Key Pa wrote: »

The learner breached their policy conditions. The insurer being obliged to compensate innocent 3rd parties is different to them being insured

No. This isn't what will happen. This is straight forward really.

The learners insurance company will deal with the cost of repairing the OP's car. They will then notify the learner that "we have have paid €x as a result of the incident". This will then be followed up by an effort to recoup this amount off the learner.

They will accept a payment plan even if it is only €20 a week so long as it is paid.

Really unfortunate situation for the learner to be in but those are the rules of the road. His premium will enormous next year if he is even covered at all

Effects · 01-10-2017 10:21AM

smelly sock wrote: »

If its that much then more than likely it will go through insurance so wheres the harm in giving the learner a chance to pay it?

What's the point in giving someone a chance to do something they can't do?

mickdw · 01-10-2017 10:25AM

There is an obligation on insurance company to pay other party claims once a policy is in force. So the driver could have told lies in obtaining cover and be breaking every condition of their policy yet insurer must pay other party. This is not the same as being insured, and as stated earlier the insurer can seek to recover this cost from their client. I would imagine in the case of a wealthy car owner who let their child off driving unaccompanied, recovery of costs would take place.
This is not the same as being insured. For other parties it is but for the person that driving unaccompanied, there can be big trouble.

Rear-ended by unaccompanied learner driver

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