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Refusing to pay for car repairs after incident

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  • 06-05-2021 9:05pm
    #1
    Dkhuts
    Registered Users Posts: 100 ✭✭


    Here's an interesting one for yous... Had an incident with a Lorry there last week where a brake cylinder came off and hit my car. Agreed with the owner of the truck company that he will pay for the repairs, but here we are 1 week later and he's refusing to pay the full amount staying that "you don't need a hire car, if you want one pay for one yourself".
    So anyways decided to go through the insurance route since he's acting this way and I've dash cam footage. Now my problem is, the Lorry is registered up north and I didn't take down his insurance detail (stupid of me yes). I have his contact details, reg of the lorry and dashcam footage. However, having spoke to the gardai they said there not much they can do apart from take a report of the incident as the lorrys NI registered. Having spoken to my insurance, he MUST provide me with his insurance details but alas he's ignoring my phonecalls and messages.
    So my question is... Is he won't give me his insurance details, and the gardai don't want to help me out either, what would be the best thing to do? Do I contact the police in Northern Ireland? I'm sure the law is on my side here as I'm the one at a loss here


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    #2
    Eggs For Dinner
    Registered Users Posts: 2,942 ✭✭✭Eggs For Dinner


    The Motor Insurance Bureau will assist you in obtaining the insurance details of a 'foreign' motorist. They will also assist you with your claim. Alternatively, if you put through a claim under your own policy, your insurer will be able to do this when they go to seek recovery from the 3rd party.


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    #3
    Fann Linn
    Registered Users Posts: 7,773 ✭✭✭Fann Linn


    So if the cylinder from that NI truck came off and killed a child the Gardai wouldn't be able to do anything either?
    My daughter was hit by a bit and run driver last year and €4.5k worth of damage was done to her car.She went to the local station and yer wan looking over the counter said, 'sorry there is no cctv on that roundabout there's nothing we can do'.

    Her partner knew a sergeant in the same station and he got something done and in the end my daughter got her car fixed by the same clown that hit her.

    Gardai can and do have regular contact with the PSNI. The only thing that's missing in the OPs case is a willingness by the Garda to do it.


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    #4
    Turbohymac
    Registered Users Posts: 472 ✭✭Turbohymac


    I think op you should have called the gardai immediately after the accident..even as independent witnesses..as the other poster mentioned if you go through your own insurance company its most likely that they won't bother trying to chase up the truck's insurance company..
    Therefore it would be simply a claim against your own policy..not good.

    Insurance bureau is probably better avenue..
    As it stands other than your dashcam footage..the owner can easily say it never happened..
    Gardai should always be called..even if it was the opposite and you were at fault it's much better to have independent witnesses..


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    #5
    Del2005
    Registered Users Posts: 18,899 ✭✭✭✭Del2005


    Turbohymac wrote: »
    I think op you should have called the gardai immediately after the accident..even as independent witnesses..as the other poster mentioned if you go through your own insurance company its most likely that they won't bother trying to chase up the truck's insurance company..
    Therefore it would be simply a claim against your own policy..not good.

    Insurance bureau is probably better avenue..
    As it stands other than your dashcam footage..the owner can easily say it never happened..
    Gardai should always be called..even if it was the opposite and you were at fault it's much better to have independent witnesses..

    The Gardai can only be a witness if they witness the crash. You can be waiting a long time for them to turn up for a fender bender.

    OP give your insurance a call they should be able to chase up the other drivers insurance, it's what you pay them for.


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    #6
    Del2005
    Registered Users Posts: 18,899 ✭✭✭✭Del2005


    Fann Linn wrote: »
    So if the cylinder from that NI truck came off and killed a child the Gardai wouldn't be able to do anything either?

    If you hit an animal on the road you have to report it to the station, if you hit a person they will respond. Different incidents get different levels of response.


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    #7
    T-Maxx
    Registered Users Posts: 3,136 ✭✭✭T-Maxx


    Claiming for a rental car is extracting the urine though.


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    #8
    Vestiapx
    Registered Users Posts: 985 ✭✭✭Vestiapx


    T-Maxx wrote: »
    Claiming for a rental car is extracting the urine though.

    So how does the op get places while the car is in the shop? I'd see your point if they were claiming pain and suffering or trauma but a rental is perfectly normal.


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    #9
    Markcheese
    Registered Users Posts: 8,430 ✭✭✭Markcheese


    T-Maxx wrote: »
    Claiming for a rental car is extracting the urine though.

    Not when your car is off the road being repaired ....

    Slava ukraini 🇺🇦



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    #10
    sgthighway
    Registered Users Posts: 1,530 ✭✭✭sgthighway


    T-Maxx wrote: »
    Claiming for a rental car is extracting the urine though.

    I would not survive without the convenience of my car. That is why i own one. Why should I not hire a replacement. One day cost me €50 in cabs which was cash out of my own pocket. Plus you have to wait. I would be getting a hire car if my car was off the road due to someone elses fault. I wouldnt be out to screw anybody. The smallest car would suit me despite me having a big car.


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    #11
    Dkhuts
    Registered Users Posts: 100 ✭✭Dkhuts


    Appreciate your feedback everyone. Gonna try cally insurance again to see what they say. Also going down to the garda station later to provide file a report of the incident.
    As a few of you may have said, the gardai should be the ones who chase this up considering it is their job. Otherwise it is through the insurance bureu but that is a long process and I do want this sorted as soon as possible considering I need a car to travel to work (200km round trip).


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    #12
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,634 Mod ✭✭✭✭Henry Ford III


    Dkhuts wrote: »
    Appreciate your feedback everyone. Gonna try cally insurance again to see what they say. Also going down to the garda station later to provide file a report of the incident.
    As a few of you may have said, the gardai should be the ones who chase this up considering it is their job. Otherwise it is through the insurance bureu but that is a long process and I do want this sorted as soon as possible considering I need a car to travel to work (200km round trip).

    It's not the function of the Gardai to chase up on small car crashes. They are really a civil matter.

    You made a big mistake letting the other driver go without getting their insurance details.

    MBI is where you should go to find the 3rd party's details, as you've already been told.


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    #13
    coylemj
    Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Dkhuts wrote: »
    Here's an interesting one for yous... Had an incident with a Lorry there last week where a brake cylinder came off and hit my car. Agreed with the owner of the truck company that he will pay for the repairs ......

    Usually ends in tears. Always take his insurance details as backup.

    Because an endless series of threads here says he will not come up with the cash. Or he will dispute your estimate. Or he will stop communicating with you. Or (as in this case) all three.


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    #14
    Witcher
    Registered Users Posts: 14,495 ✭✭✭✭Witcher


    Dkhuts wrote: »
    Appreciate your feedback everyone. Gonna try cally insurance again to see what they say. Also going down to the garda station later to provide file a report of the incident.
    As a few of you may have said, the gardai should be the ones who chase this up considering it is their job. Otherwise it is through the insurance bureu but that is a long process and I do want this sorted as soon as possible considering I need a car to travel to work (200km round trip).

    Make sure you tell the Gardai it's their job to fix your mess.

    That'll go well...be ran out of the station:pac:


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    #15
    Car99
    Registered Users Posts: 2,530 ✭✭✭Car99


    Dkhuts wrote: »
    Here's an interesting one for yous... Had an incident with a Lorry there last week where a brake cylinder came off and hit my car. Agreed with the owner of the truck company that he will pay for the repairs, but here we are 1 week later and he's refusing to pay the full amount staying that "you don't need a hire car, if you want one pay for one yourself".
    So anyways decided to go through the insurance route since he's acting this way and I've dash cam footage. Now my problem is, the Lorry is registered up north and I didn't take down his insurance detail (stupid of me yes). I have his contact details, reg of the lorry and dashcam footage. However, having spoke to the gardai they said there not much they can do apart from take a report of the incident as the lorrys NI registered. Having spoken to my insurance, he MUST provide me with his insurance details but alas he's ignoring my phonecalls and messages.
    So my question is... Is he won't give me his insurance details, and the gardai don't want to help me out either, what would be the best thing to do? Do I contact the police in Northern Ireland? I'm sure the law is on my side here as I'm the one at a loss here

    Do you know the name of the haulage company ? Are they large ?


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    #16
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


    Dkhuts wrote: »
    Appreciate your feedback everyone. Gonna try cally insurance again to see what they say. Also going down to the garda station later to provide file a report of the incident.
    As a few of you may have said, the gardai should be the ones who chase this up considering it is their job. Otherwise it is through the insurance bureu but that is a long process and I do want this sorted as soon as possible considering I need a car to travel to work (200km round trip).

    The Gardai might not do anything because it is going to be determined as a civil matter. You really should have called them at the time or gotten the driver's insurance details then. Be careful going through your own insurance also as it may get classed as a claim by you and will affect your NCB and future insurance quotes.

    You mentioned that the lorry owner will pay for the repairs. Some garages will provide a courtesy car during the repair.


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    #17
    anplaya27
    Registered Users Posts: 281 ✭✭anplaya27


    Del2005 wrote: »
    The Gardai can only be a witness if they witness the crash. You can be waiting a long time for them to turn up for a fender bender.

    OP give your insurance a call they should be able to chase up the other drivers insurance, it's what you pay them for.

    Turned up after 10 mins for me before when a women was falsely claiming I reversed into her. She had her daughter recording the situation, and was on the phone to someone ( her husband I think). I text someone to ring the local garda station as I didnt feel comfortable as I coukdnt understand what they were saying ( im a Deaf Irish Sign Language user) and it was obvious they were going about attempting to make a false accusation. Guards came, I explained, they told me not to worry and could see I had done nothing. No mark's on either car etc.They told me to contact my insurance and to get them to ring the station which they did and the guards backed me up. Claim didnt go any further. Insurance assessor basically told me it was a scam. They were waiting in car park waiting for people to reverse, as soon as you got close to their car they blared the horn and acted like you hit it.


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    #18
    Dkhuts
    Registered Users Posts: 100 ✭✭Dkhuts


    jimmycrackcorm wrote: »
    The Gardai might not do anything because it is going to be determined as a civil matter. You really should have called them at the time or gotten the driver's insurance details then. Be careful going through your own insurance also as it may get classed as a claim by you and will affect your NCB and future insurance quotes.

    You mentioned that the lorry owner will pay for the repairs. Some garages will provide a courtesy car during the repair.

    I won't be going through my insurance no way. It's the repair garage that is providing the courtesy car but obviously there's a charge for it and your man doesn't want to pay


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    #19
    Dkhuts
    Registered Users Posts: 100 ✭✭Dkhuts


    Car99 wrote: »
    Do you know the name of the haulage company ? Are they large ?

    I don't unfortunately know i've only got his name and contact


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    #20
    lawred2
    Registered Users Posts: 24,291 ✭✭✭✭lawred2


    T-Maxx wrote: »
    Claiming for a rental car is extracting the urine though.

    Huh?


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    #21
    mickdw
    Registered Users Posts: 23,277 ✭✭✭✭mickdw


    So sounds like the best plan when living in Ireland is to drive a uk reg and be responsible for nothing. No need to bother with tax or insurance - sure nothing on the windscreen anyway and if gardai cannot trace anything out of the 26 counties, its a free for all.


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    #22
    Dkhuts
    Registered Users Posts: 100 ✭✭Dkhuts


    mickdw wrote: »
    So sounds like the best plan when living in Ireland is to drive a uk reg and be responsible for nothing. No need to bother with tax or insurance - sure nothing on the windscreen anyway and if gardai cannot trace anything out of the 26 counties, its a free for all.

    Yeah with parts flying off your car hitting everyone as you pass them along 😂 seems that way by the looks of it


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    #23
    Del2005
    Registered Users Posts: 18,899 ✭✭✭✭Del2005


    mickdw wrote: »
    So sounds like the best plan when living in Ireland is to drive a uk reg and be responsible for nothing. No need to bother with tax or insurance - sure nothing on the windscreen anyway and if gardai cannot trace anything out of the 26 counties, its a free for all.

    If the OP had done what they are supposed to do in an RTC, exchange details, then your plan falls through! Plenty of people drinking Irish reg don't take responsibility for anything driving without tax, NCT and insurance.

    The only problem with the UK, and every other countries insurance, is that there's nothing on the screen to take a picture of to get the other driver's insurance details.


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    #24
    tcawley29
    Registered Users Posts: 1,829 ✭✭✭tcawley29


    Why don't you chance your arm by leaving a message saying you have the insurance details now and this is the final chance to pay up before you submit a claim.

    It's not much but hopefully it scares them


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    #25
    coylemj
    Registered Users Posts: 25,345 ✭✭✭✭coylemj


    tcawley29 wrote: »
    Why don't you chance your arm by leaving a message saying you have the insurance details now and this is the final chance to pay up before you submit a claim.

    A fatal flaw in that plan is that if the OP somehow managed to obtain the insurance details, he would now be able to bypass the driver and not be wasting his time leaving idle threats on his voicemail.


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    #26
    T-Maxx
    Registered Users Posts: 3,136 ✭✭✭T-Maxx


    Vestiapx wrote: »
    So how does the op get places while the car is in the shop? I'd see your point if they were claiming pain and suffering or trauma but a rental is perfectly normal.

    If it's covered by the insurance policy and the claim is on said policy, then grand. But the other driver agreed to pay for the damage, not a rental as well.


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    #27
    Car99
    Registered Users Posts: 2,530 ✭✭✭Car99


    Dkhuts wrote: »
    I don't unfortunately know i've only got his name and contact

    That's a pity, it would be interesting to see what social media presence they had. Im sure someone would know the outfit if you posted your video there.


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    #28
    Del2005
    Registered Users Posts: 18,899 ✭✭✭✭Del2005


    Looks like the OP needs to contact the MIBI to claim against a foreign reg vehicle


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    #29
    mickdw
    Registered Users Posts: 23,277 ✭✭✭✭mickdw


    Del2005 wrote: »
    If the OP had done what they are supposed to do in an RTC, exchange details, then your plan falls through! Plenty of people drinking Irish reg don't take responsibility for anything driving without tax, NCT and insurance.

    The only problem with the UK, and every other countries insurance, is that there's nothing on the screen to take a picture of to get the other driver's insurance details.
    How do you exchange details with a uk driver if they dont communicate. Gardai will not always turn up to minor accidents and nothing on the windscreen.


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    #30
    Del2005
    Registered Users Posts: 18,899 ✭✭✭✭Del2005


    mickdw wrote: »
    How do you exchange details with a uk driver if they dont communicate. Gardai will not always turn up to minor accidents and nothing on the windscreen.

    You call the Gardaí if they won't communicate, that's now an offence as they are refusing to share the details they are required to by law.

    But that's not what happened the OP. The driver did communicate and said that they'd pay, so the OP never tool their insurance details. Now the boss is refusing to communicate


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    #31
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


    Del2005 wrote: »
    Looks like the OP needs to contact the MIBI to claim against a foreign reg vehicle

    If the OP has a protected NCB then it's a good plan to follow through:

    "If your vehicle is comprehensively insured, or your property is covered under a policy of insurance, you may claim for loss from your comprehensive insurer or the property insurer. The insurer can, in turn, recover their outlay from MIBI, as Green Card Bureau. This ensures a minimum of inconvenience and loss. This facility is subject to confirmation of the validity of the registration plate of the alleged offending vehicle. Your No Claims Bonus may be affected until the claim has been settled by the MIBI. Once settled your insurer should re-instate your No Claims Bonus as it was before the accident."

    The other party doesn't want to go through their insurance - hence why they won't pay car hire, but I'd be telling them that it is going to go through their insurance via the MIBI so they can take either take the hit on their renewals for the next 5 years or pay up directly. The increased renewals will work out more expensive for them.

    However, you'd need confirmation that your insurer will go through the MIBI.


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