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Rear ended. Admitted liability there and then, now refusing.

  • 28-03-2019 11:48AM
    #1
    mea_k
    Registered Users, Registered Users 2 Posts: 236 ✭✭


    In November myself and my son (2) where in car accident. I was exiting roundabout indicating in time, however 2 teenagers where on pedestrian island (no traffic lights or beckoning Amber's) they where talking between eachother after getting rolls. Pelican crossing is about 15 meters off the exit I took. One of them was about to step on the road so I broke nice and easy. Anyway got rear ended and burst out in tears first I didn't know what was happening got very scared. Checked on my son and was shaking. Anyway lady admitted liability via text later on. My car was repaired. However I ended up getting mri recently and long behold disc damage. Anywho. Now they are denying liability. Saying I harsh broke and causing the crash myself. I'm single parent can't afford medical treatments. And I'm sure they will refuse piab.
    I'm sure liability is theirs but what are the thoughts of others? How long should I wait for court in that case? And do people sort these things out before court ie steps of court.

    Thanks very much, very tired upset and sore mum...


«1

Comments

  • #2
    LollipopJimmy
    Registered Users, Registered Users 2 Posts: 5,253 ✭✭✭LollipopJimmy


    First off don't panic. Secondly, admitting liability isn't really an issue. The insurance investigator will apportion blame, in fact your insurer will always advise not admitting liability.

    I recently had a crash and the guy was adamant it was my fault, insurance investigated and I was paid out in a matter of days.

    If you were rear ended then I can say with almost certainty the insurer will rule in your favour


  • #3
    Stallingrad
    Registered Users, Registered Users 2 Posts: 4,386 ✭✭✭Stallingrad


    This is a question for your car insurance company. A four month delay between the accident and disc diagnosis may complicate things but let them know ASAP.

    As far as the other party, they hit you from behind, 100% their fault no mater what you were doing.


  • #4
    [Deleted User]
    Posts: 18,046 ✭✭✭✭ [Deleted User]


    IANAL but try not to concern yourself. Contact the insurance company and make them aware of everything that's happening.

    Or would a lawyer be the best first step?


  • #5
    twin_beacon
    Registered Users, Registered Users 2 Posts: 1,311 ✭✭✭twin_beacon


    mea_k wrote: »
    Now they are denying liability. Saying I harsh broke and causing the crash myself.


    If they hit you from behind, they are at fault. It doesn't matter if you braked hard, its up to them to allow enough distance for them to stop.

    The other party can deny liability all they want, its up to their insurance company do decide if they want to fight it, but in the case of being rear ended, I can't see them fighting it. They won't fight it unless they think they can win IF it was ever to go to court, which it wont, as it probably wouldn't be cost effective for them. Keep us updated!


  • #6
    colm_mcm
    Registered Users, Registered Users 2 Posts: 73,328 ✭✭✭✭colm_mcm


    Was this initially sorted outside of insurance?


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  • #7
    slave1
    Moderators, Sports Moderators Posts: 18,771 Mod ✭✭✭✭slave1


    Please tell me OP this was reported to your insurance company and the Garda, you had a child passenger so it's imperative this is reported at the time and properly followed up on as your child may suffer down the road and have until they reach adulthood to look at a claim whereas you have a much shorter period of time

    My stuff on Adverts, mostly Tesla Pre Highland Model 3

    Public Profile active ads for slave1



  • #8
    osarusan
    Registered Users, Registered Users 2 Posts: 17,000 ✭✭✭✭osarusan


    If your story is correct - you were rear-ended after braking to allow pedestrians to cross a road (not clear if it was at a pedestrian crossing or just near one), and you also have a text from the other party admitting they were at fault...then even if they later start to say they are not liable after all, I very much doubt their insurer will agree and fight the case for them.


  • #9
    troyzer
    Registered Users, Registered Users 2 Posts: 6,170 ✭✭✭troyzer


    So the lady admitted via text that it was her fault and you went outside of the insurance companies to settle it?


  • #10
    Patrick2010
    Registered Users, Registered Users 2 Posts: 4,571 ✭✭✭Patrick2010


    troyzer wrote: »
    So the lady admitted via text that it was her fault and you went outside of the insurance companies to settle it?


    No apparently the other partys insurance paid...


    https://www.boards.ie/vbulletin/showthread.php?p=108790183


  • #11
    troyzer
    Registered Users, Registered Users 2 Posts: 6,170 ✭✭✭troyzer


    Patrick2010 wrote: »
    No apparently the other partys insurance paid...


    https://www.boards.ie/vbulletin/showthread.php?p=108790183

    If that's the case then liability has already been established, I don't see how that's an issue?

    Making a claim on a closed case however....


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  • #12
    kirving
    Registered Users, Registered Users 2 Posts: 6,358 ✭✭✭kirving


    twin_beacon wrote: »
    If they hit you from behind, they are at fault. It doesn't matter if you braked hard, its up to them to allow enough distance for them to stop.

    Just to add, while this is true in the vast majority of cases, there are exceptions.

    If you slam on the brakes for no reason on the motorway and cause a crash, you will be found at fault.

    https://www.boards.ie/vbulletin/showthread.php?t=2057791607


  • #13
    Rackard
    Registered Users, Registered Users 2 Posts: 131 ✭✭Rackard


    They admitted liability by text. You still have that text I presume?

    Case closed.


  • #14
    _Brian
    Registered Users, Registered Users 2, Paid Member Posts: 19,630 ✭✭✭✭_Brian


    I wonder did OP or other party inform insurance companies or Garda that accident occurred within the prescribed timeframe.

    I’m not sure how well received you will be now by tue insurance company.

    Do you have the insurance details of the person who rear ended you ?


  • #15
    mea_k
    Registered Users, Registered Users 2 Posts: 236 ✭✭mea_k


    Just to clarify their insurance paid damage done to car as far as I remember it was about a grand and a bit.
    I did contact my solicitor when got diagnosis witch they said they are waiting for other party to respond for injuries board assessment witch they are to respond within 90 days.
    I did attend e&e 2 days later and they done xray, said spine is very streight resulting soft tissue damage. So this is why i thought things will clear up. When they didn't I attended gp 2 separate times. And after that got refferal to mri. Mri cost me 220e. Witch is alot of money for single parent. I have used up any savings I had and now I don't have anything. Before I pay my rent and all the bills I'm left with 0. I cant get physio because I have no money.
    By sounds of it they are taking it to court as I said other party has said its my fault.
    Do they give go ahead for piab or is it insurance company?
    I feel like I'm taken as a fool. It ruined our Xmas as I had nothing for my son. It ruined my work life. And my life at home. And I feel like I'm blamed for this. I have severe anxiety disorder and take medication for it. As it all is building up now my mind is racing.


  • #16
    mea_k
    Registered Users, Registered Users 2 Posts: 236 ✭✭mea_k


    troyzer wrote: »
    If that's the case then liability has already been established, I don't see how that's an issue?

    Making a claim on a closed case however....

    1) their insurance paid damage done to my car.
    2) I didn't close the case. I knew something was wrong and advised their insurance I will be looking in to piab etc...


  • #17
    troyzer
    Registered Users, Registered Users 2 Posts: 6,170 ✭✭✭troyzer


    mea_k wrote: »
    1) their insurance paid damage done to my car.
    2) I didn't close the case. I knew something was wrong and advised their insurance I will be looking in to piab etc...

    If their insurer paid for your car then their insurer has accepted that the other driver was liable. It doesn't matter what the woman says, she's on the hook for this.

    If you're going through PIAB then it's going to take a while. The issue is going to be proving the extent of your injury and linking it to the accident. My Mam is going through this at the moment. Much like yourself, she was rear-ended and had severe whiplash. She already had arthritis and her neck is basically crippled now. That was over two years ago and I think her solicitor said he was hopeful it would be concluded by this July.

    But just so you know, this is going to take ages. I really sympathise with you, especially if you're in no position to fork out for all of the doctor's reports you're going to need to pursue the claim.


  • #18
    twin_beacon
    Registered Users, Registered Users 2 Posts: 1,311 ✭✭✭twin_beacon


    Kevin Irving wrote: »
    Just to add, while this is true in the vast majority of cases, there are exceptions.

    If you slam on the brakes for no reason on the motorway and cause a crash, you will be found at fault.

    https://www.boards.ie/vbulletin/showthread.php?t=2057791607


    Very true.


  • #19
    partyguinness
    Registered Users, Registered Users 2 Posts: 8,202 ✭✭✭partyguinness


    Interestingly there have brought in a rule in the UK that if you admit liability at the scene or soon afterwards it is disregarded in evidence and not held against you.


  • #20
    colm_mcm
    Registered Users, Registered Users 2 Posts: 73,328 ✭✭✭✭colm_mcm


    partyguinness wrote: »
    Interestingly there have brought in a rule in the UK that if you admit liability at the scene or soon afterwards it is disregarded in evidence and not held against you.

    Yep. Just say it was the drink talking.


  • #21
    Charles Babbage
    Registered Users, Registered Users 2 Posts: 7,270 ✭✭✭Charles Babbage


    troyzer wrote: »
    If their insurer paid for your car then their insurer has accepted that the other driver was liable. It doesn't matter what the woman says, she's on the hook for this.


    This.


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  • #22
    .......
    Closed Accounts Posts: 9,048 ✭✭✭.......


    In the case of a personal injury like this they wont pay out for a long time - and you wouldnt want them to - because you could be incurring expense due to this for years to come.

    As for the MRI, why did your doctor not refer you into the public system if you didnt have health insurance to cover it? Same for physio, ask your GP to refer you to a consultant in the public system and take it from there?


  • #23
    mea_k
    Registered Users, Registered Users 2 Posts: 236 ✭✭mea_k


    ....... wrote: »
    In the case of a personal injury like this they wont pay out for a long time - and you wouldnt want them to - because you could be incurring expense due to this for years to come.

    As for the MRI, why did your doctor not refer you into the public system if you didnt have health insurance to cover it? Same for physio, ask your GP to refer you to a consultant in the public system and take it from there?

    I wasn't aware you can get refferal, to physio. Thank you for this info. I don't want them. To pay out fast, I'm wondering how it works if they paid for damages but now refusing liability. I got refferal from go to mri just because I kept begging. They kept saying its nothing serious however I just couldn't function. There for I went in and demanded one. I was told that I can only avail for private one. Hence the costs. Otherwise I would probably still be waiting to get apointment. However I have been reffered to neurologist and pain manegment team.


  • #24
    Hellrazer
    Moderators, Arts Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 11,241 Mod ✭✭✭✭Hellrazer


    mea_k wrote: »
    1) their insurance paid damage done to my car.
    2) I didn't close the case. I knew something was wrong and advised their insurance I will be looking in to piab etc...

    So in your first post you said you got an mri "recently"?
    How recently? The crash happened in November--that's almost 5 months ago?
    Why did you take so long to get an mri?
    You should have started the injury claim side of things immediately - that's what Id always advise anyone who might think they will have an issue further down the road.

    If their insurance has already paid out for the damage to your car their is no question of them refusing to be liable now..its already been established and the insurance company have admitted that by merely paying out for the claim.

    They may try and fight the injury claim however especially if you are only starting that side of things now 5 months later.


  • #25
    mea_k
    Registered Users, Registered Users 2 Posts: 236 ✭✭mea_k


    Hellrazer wrote: »
    So in your first post you said you got an mri "recently"?
    How recently? The crash happened in November--that's almost 5 months ago?
    Why did you take so long to get an mri?
    You should have started the injury claim side of things immediately - that's what Id always advise anyone who might think they will have an issue further down the road.

    If their insurance has already paid out for the damage to your car their is no question of them refusing to be liable now..its already been established and the insurance company have admitted that by merely paying out for the claim.

    They may try and fight the injury claim however especially if you are only starting that side of things now 5 months later.

    I'll repeat. In first week attended A&E and advised insurance company that I will be seeking injuries compensation. In a & e I was given xray witch doeant show torn discs I was told its soft tissue damage and will take months to heal and it will be sore. I had applied via solicitor to injuries board week later after accident. I saught mri scan because ongoing pain and I had to go to GP 2 seperate times to get one. I couldn't afford to pay for one so had to use up all resources.


  • #26
    MAJJ
    Registered Users, Registered Users 2 Posts: 1,679 ✭✭✭MAJJ


    Hellrazer wrote: »
    So in your first post you said you got an mri "recently"?
    How recently? The crash happened in November--that's almost 5 months ago?
    Why did you take so long to get an mri?
    You should have started the injury claim side of things immediately - that's what Id always advise anyone who might think they will have an issue further down the road.

    If their insurance has already paid out for the damage to your car their is no question of them refusing to be liable now..its already been established and the insurance company have admitted that by merely paying out for the claim.

    They may try and fight the injury claim however especially if you are only starting that side of things now 5 months later.

    Even if you are unsure of the extent of your injuries, if they will persist or not? Not disputing your advice but I have injuries from a rear end in July and had MRI after physio exhausted and have found disc issues and on to consultants. So effectively waiting to understand how far or if I pursue this. First time this happened to me so maybe not approaching it correctly but have documented everything.


  • #27
    Hellrazer
    Moderators, Arts Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 11,241 Mod ✭✭✭✭Hellrazer


    mea_k wrote: »
    I'll repeat. In first week attended A&E and advised insurance company that I will be seeking injuries compensation. In a & e I was given xray witch doeant show torn discs I was told its soft tissue damage and will take months to heal and it will be sore. I had applied via solicitor to injuries board week later after accident. I saught mri scan because ongoing pain and I had to go to GP 2 seperate times to get one. I couldn't afford to pay for one so had to use up all resources.

    Sorry if I misunderstood you. You have done everything right.
    Its a waiting game now with the PIAB and the insurance company will do their best to delay as long as possible.


  • #28
    tretorn
    Closed Accounts Posts: 1,797 ✭✭✭tretorn


    mea_k wrote: »
    I wasn't aware you can get refferal, to physio. Thank you for this info. I don't want them. To pay out fast, I'm wondering how it works if they paid for damages but now refusing liability. I got refferal from go to mri just because I kept begging. They kept saying its nothing serious however I just couldn't function. There for I went in and demanded one. I was told that I can only avail for private one. Hence the costs. Otherwise I would probably still be waiting to get apointment. However I have been reffered to neurologist and pain manegment team.

    If the medics are saying its nothing serious then I doubt if a claim will be successful.

    The insurance companies are tightening up big time on paying out and are prepared to fight it out in court.


  • #29
    Hellrazer
    Moderators, Arts Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 11,241 Mod ✭✭✭✭Hellrazer


    MAJJ wrote: »
    Even if you are unsure of the extent of your injuries, if they will persist or not? Not disputing your advice but I have injuries from a rear end in July and had MRI after physio exhausted and have found disc issues and on to consultants. So effectively waiting to understand how far or if I pursue this. First time this happened to me so maybe not approaching it correctly but have documented everything.

    Especially if you are unsure of the extent of your injuries. Id never advise a person make a claim but I can usually tell from the state a car comes into me in if the person involved "could " be injured (Disclaimer --Im not a doctor)
    For example a small tip - no injury (but there is always one person who will try it on)

    Rear ended so rear seats are in the front--definitely advise the customer seek advice even though "at the time" they may be feeling fine. You`d be surprised how many people say theyre fine only to end up with health problems down the road.


  • #30
    mea_k
    Registered Users, Registered Users 2 Posts: 236 ✭✭mea_k


    Hellrazer wrote: »
    Especially if you are unsure of the extent of your injuries. Id never advise a person make a claim but I can usually tell from the state a car comes into me in if the person involved "could " be injured (Disclaimer --Im not a doctor)
    For example a small tip - no injury (but there is always one person who will try it on)

    Rear ended so rear seats are in the front--definitely advise the customer seek advice even though "at the time" they may be feeling fine. You`d be surprised how many people say theyre fine only to end up with health problems down the road.


    Please don't tell me you have been advising this to people right? My mam had all sorts going on after she was "tipped" in a car. No damage what so ever to car only crack on bumper in 1988 . Now she is currently replacing 2 knees, and her back is gonna allways be at her.


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  • #31
    Hellrazer
    Moderators, Arts Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 11,241 Mod ✭✭✭✭Hellrazer


    mea_k wrote: »
    Please don't tell me you have been advising this to people right? My mam had all sorts going on after she was "tipped" in a car. No damage what so ever to car only crack on bumper in 1988 . Now she is currently replacing 2 knees, and her back is gonna allways be at her.

    Don't think the tip in 1988 is in anyway causing her current problems!!!


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