Friends cousin wrecked my car. No nct

website_dude · 01-05-2014 10:33AM #1

Hi lads. Please bare with me here. Last friday, i was showing my friends cousin how to get to a new job he was starting monday. He is only 20 and starting out on his old mans policy on an integra. Anyway, he was driving behind me on a backroad. The road was narrow, so i pulled in to let another car pass me in the opposite direction. I was stopped for maybe 2 seconds when i heard his car sliding and whacked into me, destroying the rear end of my baby. I have spent nearly 10 grand on her in 3 years with custom respray and sensible mods, no mapping or massive exhausts or anything. The rear bumper is mashed and there is bending on the chassis arms. I havent had a chance to look in the boot because my neck and back are in tatters. I went to the quack and i got whiplash and need physio. The young lad has promised to pay everything outside insurance because he has an excess of 2.5 grand. Problem is i dont think it makes sense for him to pay out of his pocket. My car is likely a write off, but i want to keep it because of all the love i put into it. I'm afraid i will get the blame because the nct was out on my car. But his tyres were non existant! Im totally stressed now because i recently lost half my hours at work and things are tight!

I'm in a bit of a bind lads. I'm driving 10 years with full license and never been involved in accident and always had tax, insurance and nct up to date. I'm a lover of the mitsubishi colt and have been driving my 99, lightly modded colt for 3 years. The nct expired in January and it failed on emissions. I got that sorted, but had to get full test and then they failed on my hid lights even though they were accepted the month before. It is taxed til end of may and i planned on putting it off the road in june for a few months and just drive the family wagon, due to some personal life changes. So i didn't retest the car because i was disputing the hid thing with the nct centre. To be honest, i hadn't been using the car and it wasn't used for over a month before last friday, because i had her in the garage getting some paint work done and brake upgrades before my hours were cut to the bone.

Paying for the doctor and pain killers went on the credit card and i am not sure i can afford physio. I dont know if i should put in a claim and dont know if my car can be fixed if insurance writes it off. Please help. Any advice is appreciated. Ive gone from owning a business to working in a factory and then losing half that and now my car is wrecked by someone i know

and i dont want him getting screwed by insurance, and i dont want to get into trouble about my nct, and im really worried about that. Sorry, i suffer with my nerves sometimes.

Atlantic Dawn · 01-05-2014 10:43AM

Having a valid NCT on your car will have no impact on the success of your claim.

As I see it you have 2 options, I would go with the 2nd..

If you feel he has the money to pay for the damage let him pay for it, put it in for repairs asap. Problem with this is your not yet known injuries are not covered.
Go through his insurance for everything to be fixed, see a doctor to see if you have any serious injuries. Problem with this is they will give you book value of car which will be circa a couple of hundred for the 99 Colt regardless of mods, possibly you could transfer parts to replacement car.

quadrifoglio verde · 01-05-2014 10:51AM

OSI wrote: »

You need to report the accident to your insurance and let them deal with it to be honest. Regardless of whether he plans to pay for it out of his pocket, unless you report it to your insurance, if anything happens down the line and he changes his mind you're going to be screwed.

*note I wouldn't expect an easy ride from his insurance company if it ends up going that way either. Driving an integra under his Dad's name is bloody obvious he's fronting and insurers are taking a very dim view on it of late.

Doesn't absolve the insurance company from paying out

They still have to honour third party claims

jimgoose · 01-05-2014 10:52AM

This is what insurance is for. Report the accident and get yourself sorted out.

Supergurrier · 01-05-2014 10:56AM

If he can afford to sort you for cash then the excess should be no problem for him.

Don't let this drag out op. You don't really know anybody until money is involved.

jimgoose · 01-05-2014 10:57AM

OSI wrote: »

...I wouldn't expect an easy ride from his insurance company if it ends up going that way either. Driving an integra under his Dad's name is bloody obvious he's fronting and insurers are taking a very dim view on it of late.

That isn't the OP's problem. OP, welcome to the world. This is why we have insurance. It is not a game of "Diddling your way past the Guards", it is deadly serious. When you get into the shít business big-time, and as you now know it does happen, you need backup.

SteelyDanJalapeno · 01-05-2014 11:00AM

Yep, if he wants to pay you in cash I can imagine it will be a lot more than the excess he's worried about paying for, go through insurance.

Kenny Logins · 01-05-2014 11:00AM

I'd say he's better of paying the excess, bills could be much higher.

djimi · 01-05-2014 11:05AM

Forget about letting him pay himself; if you have medical bills then there isnt a hope in hell that he will be paying this out of his own pocket. Go through insurance; if he wants to square it with his insurer after they pay out then let him go down that road.

mb1725 · 01-05-2014 11:12AM

if you try to facilitate your friend it is going to end up costing you money on medical and maybe legal bills, money you don't have. I'd let the insurance company deal with it. Good advice from djimi about friend reimbursing his insurance.

murphym7 · 01-05-2014 11:13AM

djimi wrote: »

Forget about letting him pay himself; if you have medical bills then there isnt a hope in hell that he will be paying this out of his own pocket. Go through insurance; if he wants to square it with his insurer after they pay out then let him go down that road.

Exactly. Go through the insurance, he can still pay himself and not get screwed at renewal time.

djimi · 01-05-2014 11:37AM

I think I'd be right in saying also that the excess would not apply to a third party claim? If that's what he is worried about.

slimjimmc · 01-05-2014 11:58AM

djimi wrote: »

I think I'd be right in saying also that the excess would not apply to a third party claim? If that's what he is worried about.

Yeah, I too think you're right on that. The excess only applies to claims he makes against his own (aka his father's) policy.

This was not a minor tip so the OP really needs to make yer man's insurance cover this, otherwise he might regret it later. He should also report it to his own insurer asap in case there is a counter claim (you'd be surprised what some people would argue when they're on the hook).

ShowMeTheCash · 01-05-2014 01:12PM

Like the rest said this is now a matter for insurance.

The cost to replace your car is probably going to be a lot less than the cost to fix you.

2500 excess you mentioned, medical bills plus comp for the accident will probably run in excess of 6K minumum, not including the cost of your car.

If you had not of been injured perhaps you could of come to an agreement but your hurt, not your fault.

dar83 · 01-05-2014 01:38PM

Reading 10k spent on a 99 Colt gave me whiplash! :pac:

In all seriousness, I'd echo what most people are saying, if you're not only going to have car repair bills, but also medical expenses.... go with the insurance!

Spook_ie · 01-05-2014 01:51PM

You need to also check the fine print in the insurance policies to avoid giving companies any wriggle room (extract from 123.ie policy)

Conditions That Apply To The Whole Policy
1.
Accident and Claim Procedure
You or your legal personal representatives must inform us immediately in writing about any accident, injury or damage and send us any letter, claim, writ, summons or other information about the accident or claim as soon as you receive same. Your or your legal personal representatives must also inform us immediately, of any intended civil or criminal proceedings or Coroner’s Inquest for which there may be liability under this Policy. You must complete an Accident Report Form and supply any other documents as requested by us.
2.
Conduct of Claims
You or any person insured by this Policy must not negotiate, admit liability or make any offer, promise or payment for any claim unless you have our written permission. We are entitled to take over and conduct in your name (or in the name of any person covered by this Policy) the defence, prosecution or settlement of any claim for our own benefit. Anyone making a claim under this Policy must provide any information and assistance we may reasonably require.
3.
Other Insurances
If a claim for loss, damage or liability arises under this Policy and it is covered by any other insurance, we will only pay our rateable share of the claim. We are not required to make any payment under this condition if we would not anyway have been liable.
(i)
Under the terms of Section 2
or
Because of Exception 9 (b) to Sections 1 and 2.
4.
Care of your Motor Vehicle
The Insured Vehicle must be covered by a valid Department of Transport NCT Test Certificate, if you need one by law. You must take all reasonable steps to protect the Insured Vehicle from loss or damage, and keep it in an efficient and roadworthy condition. The vehicle keys should be removed from the ignition and the vehicle kept locked when not being driven. If we ask, you must allow us free access to examine the Insured Vehicle at any reasonable time. Alarms,immobilisers and tracking devices should be turned on when fitted. Endorsements may apply to your cover setting out other requirements relating to immobilisers, alarm and tracking devices. These devices must always be on and working whenever the Insured Vehicle is left.
If you do not take reasonable care of the Insured Vehicle and meet any security requirements, this Policy may no longer be valid and we may not pay any claim.

Voodoomelon · 01-05-2014 01:53PM

If my own mother smacked into the back of me and there were medical bills involved, i'd be putting it through the insurance. Your medical bills could be €150, or they could be several thousand. Do not let this other chaps puppy-eyed friend of a friend arguments get in the way.

I'd be livid with someone who wasn't paying attention with bald tyres.

Spook_ie wrote: »

You need to also check the fine print in the insurance policies to avoid giving companies any wriggle room (extract from 123.ie policy)

He'd be claiming off the other parties insurance, not his own.

Spook_ie · 01-05-2014 02:01PM

Voodoomelon wrote: »

He'd be claiming off the other parties insurance, not his own.

That's why I said insurance policies ( plural ) if the other parties insurance has similar wording then baldy tyres are not going to bode well

My car is likely a write off, but i want to keep it because of all the love i put into it. I'm afraid i will get the blame because the nct was out on my car. But his tyres were non existant!

There's a good probability that if investigated then both insurance companies have enough wriggle room to escape or mitigate payouts, which then leaves the situation being with the courts and the MIBI

corktina · 01-05-2014 02:07PM

it's what insurance is for..... stick in the claim

Pro Hoc Vice · 01-05-2014 02:12PM

Spook_ie wrote: »

That's why I said insurance policies ( plural ) if the other parties insurance has similar wording then baldy tyres are not going to bode well

There's a good probability that if investigated then both insurance companies have enough wriggle room to escape or mitigate payouts, which then leaves the situation being with the courts and the MIBI

An insurance company can not wiggle out of third party claims, there is no ifs or buts they must pay third party claims, the OP is a third party and must be paid.*

* This does not apply it seems if the insurance company is registered in Malta!

slimjimmc · 01-05-2014 02:14PM

Spook_ie wrote: »

You need to also check the fine print in the insurance policies to avoid giving companies any wriggle room (extract from 123.ie policy)

Doesn't matter to the OP. As the injured party he should be claiming from the other party's insurance, his own lack of NCT will not invalidate that claim and the other party's insurance is obliged by law to cover 3rd party claims. The other insurer might try use the OP's lack of NCT to argue he shouldn't have been on the road and therefore should share some of the costs but I can't see that working for them.

iwantmydinner · 01-05-2014 02:18PM

OP, definitely go through the insurers. It makes no sense for you to do otherwise!

MarkR · 01-05-2014 02:18PM

What value would a 99 colt be to an assessor? If they consider that it's worth a grand, and repair are going to cost way more than that, won't you just get the book value of the car?

corktina · 01-05-2014 02:19PM

Lack of an NCT has no bearing on the damage afflicted. The claim amount remains the same.

corktina · 01-05-2014 02:20PM

MarkR wrote: »

What value would a 99 colt be to an assessor? If they consider that it's worth a grand, and repair are going to cost way more than that, won't you just get the book value of the car?

It's the medical and legal costs that are the real issue, not the value of the car.

zarquon · 01-05-2014 02:47PM

you will only get the book value of the colt which won't be much so your focus will be on covering medical costs. The 10K spent on the colt is a write off now but who on earth spends that much on a 99 colt! Insurance will only value it at a few hundred euro most likely.

I don't want to be condescending but anyone who spends in excess of 10K modding a car that is still not roadworthy enough for an NCT has their priorities completely wrong and an accident was more likely to happen at some point.

_Brian · 01-05-2014 02:52PM

A friends cousin = A stranger
Go the proper route on this accident, contact your insurance company and report it, request that he do the same..

I don't suppose you took any photos to support your position??

Your just short changing yourself if you just take a few quid for this, you deserve your car replaced and your expences covered without feeling your doing anything wrong.

Caliden · 01-05-2014 02:57PM

Go through insurance, if he can't afford the 2.5k excess he won't be able afford to replace your car and you're only going to be chasing him for cash.

Notify your insurance company and let them deal with it. It's **** but he crashed into you remember, why should you suffer as a consequence?

Spook_ie · 01-05-2014 02:59PM

Pro Hoc Vice wrote: »

An insurance company can not wiggle out of third party claims, there is no ifs or buts they must pay third party claims, the OP is a third party and must be paid.*

* This does not apply it seems if the insurance company is registered in Malta!

If you say so, but if they can determine that there were factors that would have allowed them to deny insurance cover ( non disclosure ) then surely there would be no insurance and therefore a Garda/MIBI involvement

No NCT versus No Tyres = No Winner

cerastes · 01-05-2014 03:10PM

Spook_ie wrote: »

If you say so, but if they can determine that there were factors that would have allowed them to deny insurance cover ( non disclosure ) then surely there would be no insurance and therefore a Garda/MIBI involvement

No NCT versus No Tyres = No Winner

I wonder could they even drag the OPs HID's into it, put off approaching car, which affected following car? probably not, but its less of a problem than worn out tyres, too close for the conditions and road surface equals too little experience, result, potential risk of a collision occurring.

The other blokes father was fool to allow his son drive a car under the circumstances and not have the tyres or even the rest of the car in better condition.

Not sure why the OP wouldnt have driven along in the other persons car as a passenger either? I wouldnt drive my car unless I knew it was ok, and not without an NCT unless I couldnt get one but still that I knew it was ok.

The other driver only has themself to blame, you might not know these people soon enough but that might happen regardless of what decision you make OP, Id be looking out for my neck and back and whatever, less concerned about the car or the other persons no claims or excess.

corktina · 01-05-2014 03:13PM

The OP is a third party...the guy driving the cars insurance must pay for the damage he caused. They cannot invalid third party cover on a technicality.(They could do so for damage to the car that went into the back of the OP's car, but not for a third party's car

Friends cousin wrecked my car. No nct

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