Third Party Insurance details

24-12-2021 12:35PM #1

so I was involved in an RTA where my vehicle was damaged due to a third parties negligence. (in my opinion anyway but the Gardai are investigating).

the garda investigating was able to give me the third parties name, telephone number, insurer name & reg number but he has yet to present his insurance cert so there’s no policy number.

i sent a WhatsApp message asking the third party for the details (they have access to any information of mine they are entitled to via the Gardai or they can just ask) but he has not responded as of yet. The message was read though.

so my question basically is the third party within his rights to refuse my request for his policy number? And moreover do I need it to begin the claim process or will the name & reg number be good enough?

godtabh · 24-12-2021 05:08PM

Let your insurance company sort it out. You have enough info for them

24-12-2021 05:35PM

https://www.boards.ie/discussion/comment/118370330#Comment_118370330

That’s sound - I wasn’t sure if the policy number is necessary but if there’s enough to work with that’s grand.

never been involved in an RTA before so not terribly familiar with the details.

27-12-2021 03:50PM

Do you happen to know where they live or where the car will be parked? It's not hard to pause by the windscreen for a minute and take a pic of the insurance disc.

mgbgt1978 · 27-12-2021 04:23PM

https://www.boards.ie/discussion/comment/118370330#Comment_118370330

This will only apply if the OP has Fully Comp. If he has 3rd party only his Insurer will not be interested.

Also his own Insurer will not "sort it out". He will be making a claim on his Comp Policy, which his Insurer will then attempt to recoup from the other driver's Insurer.

Until they get paid the OP will have made a claim and this will obviously have an impact on his no-claims, and will also be an issue if his renewal falls due before his own Insurer gets paid.

Del2005 · 27-12-2021 04:38PM

If they haven't replied with their details then you might want to get started on the alternative process

https://www.mibi.ie/

27-12-2021 06:12PM

https://www.boards.ie/discussion/comment/118378077#Comment_118378077

Unfortunately I wouldn’t know, the guards wouldn’t tell me

which is fair enough like, I don’t really want him to have my address either haha.

27-12-2021 06:15PM

https://www.boards.ie/discussion/comment/118378229#Comment_118378229

Cheers but there won’t be a need for this I don’t think. He’s been given a lawful demand from the investigating garda to present his insurance cert, which I have to imagine is due to expire soon (I was given 10 days to comply with the demands on my end so I suspect he was given the same time period).

i do know he’s consulting with a solicitor and has yet to make a statement to the Gardai as well. Fact is guy was 100% in the wrong so I’m not worried about getting compensated just rather have it dealt with sooner rather than later tbh

seagull · 10-01-2022 05:58PM

You have his name, reg and the name of his insurer. Give his insurer a call, stating you intend to make a claim against their client, and they should be able to proceed from there.

10-01-2022 09:09PM

https://www.boards.ie/discussion/comment/118450797#Comment_118450797

Yea I have done ty everyone for the replies! Much appreciated

seagull · 11-01-2022 06:31PM

Remember to push them for a hire car while yours is off the road. If your car is fairly new, you should also be able to get something for depreciation due to the damage.

UrbanFox · 12-01-2022 01:27PM

I am not sure of your original question was answered.

AFAIK the other party is obliged under the RTA 1961 to give you their motor insurance details where the accident has happened in a public place.

12-01-2022 02:22PM

https://www.boards.ie/discussion/comment/118460721#Comment_118460721

Thank you - I thought this was the case he did not provide it though it was the investigating Garda. I sent a WhatsApp msg to the third party asking for policy no (the garda didn’t have it yet and said he’ll contact me when he does) but he just said he’ll “hand it in to the Gardai”

like whatever I have enough anyway, but lads talk about unhelpful..

cml387 · 12-01-2022 04:16PM

Unless that Gardai actually witnessed the accident, they are unlikely to be investigating a material damage only accident.

As was pointed out you should have received the other driver's insurance details at the scene.

After all it's a requirement to have those documents with you at all times when driving.

I'd be afraid that the other driver is not insured.

coylemj · 12-01-2022 05:12PM

OP, while you were at the scene of the accident, did it not occur to you to note the other guy's insurance? Wasn't there an insurance disc on his windscreen? If there was no personal injury, you can forget about the Gardai 'investigating' the accident, they will do no such thing. You were lucky they even showed up.

You should have sought all of the other guy's details at the scene. Where you fall down here (through no fault of your own) is that the other guy would have been obliged to give you all of his details if the cops hadn't attended the scene. Because the law (S.106 RTA 1961) says that he has to give his details to a 'person entitled under this section to demand such information' but only if there is no Garda at the scene.

S.106 1(c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána or, if no such member is present, to one person entitled under this section to demand such information;

https://www.irishstatutebook.ie/eli/1961/act/24/section/106/enacted/en/html#sec106

12-01-2022 06:30PM

Hi, I can assure you there is a garda investigation.

i did not look for insurance at the time because honestly I was in so much shock about what had happened I didn’t even think of it!!

there was personal injury, sustained very bad whiplash that still hurts! Nightmare. I apologise for being kinda vague on details as there’s currently an open investigation I’m just being careful I guess!

Anyway, my question has been sufficiently answered and I am happy to keep you updated if that’s of interest to anyone.

Third Party Insurance details

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