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Refusing to pay for car repairs after incident

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    #32
    mickdw
    Registered Users Posts: 23,277 ✭✭✭✭mickdw


    Del2005 wrote: »
    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

    Yes but in the general case. Its not realistic to think that gardai will attend at the scene of minor accidents so if a driver is awkward or gives slightly wrong details by mistake, what then? Gardai showing no interest!


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    #33
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    Perhaps i missed it, but can you not just engage the PSNI? Surely they'll get on the case and get the details for you. They're generally a bit less Father Ted-like in their approach to policing, compared to the Gardai.

    Vestiapx wrote: »
    So how does the op get places while the car is in the shop


    "shop" :rolleyes:


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    #34
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,028 Mod ✭✭✭✭Jim2007


    Markcheese wrote: »
    Not when your car is off the road being repaired ....

    According to the OP, the agreement was to cover the repairs... paying for a rental car cannot be just included without agreement.


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    #35
    Vestiapx
    Registered Users Posts: 985 ✭✭✭Vestiapx


    Deleted User wrote: »





    "shop" :rolleyes:

    ?


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    #36
    Del2005
    Registered Users Posts: 18,899 ✭✭✭✭Del2005


    mickdw wrote: »
    Yes but in the general case. Its not realistic to think that gardai will attend at the scene of minor accidents so if a driver is awkward or gives slightly wrong details by mistake, what then? Gardai showing no interest!

    The Gardaí won't turn up for a fender bender as it's civil matter and a low priority. If an offence is committed it's becomes a higher priority which they will respond, someone not sharing the required details after an RTC is an offence.


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    #37
    AndrewJRenko
    Registered Users Posts: 28,459 ✭✭✭✭AndrewJRenko


    Do they have insurance discs in NI/UK? If you have an address for the business, you could take a trip and see if you can discretely walk past the truck with a little camera and snap the details on the disc.


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    #38
    The Continental Op
    Registered Users Posts: 6,293 ✭✭✭The Continental Op


    AndrewJRenko wrote: »
    Do they have insurance discs in NI/UK? If you have an address for the business, you could take a trip and see if you can discretely walk past the truck with a little camera and snap the details on the disc.

    Don't know about trucks but UK reg cars have nothing displayed on the windscreen anymore. Cops know if you are taxed and insured just from your reg.

    Wake me up when it's all over.



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    #39
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


    Deleted User wrote:
    Perhaps i missed it, but can you not just engage the PSNI? Surely they'll get on the case and get the details for you. They're generally a bit less Father Ted-like in their approach to policing, compared to the Gardai.

    The PSNI won't get involved as it happened outside their jurisdiction.
    Del2005 wrote:
    The Gardaí won't turn up for a fender bender as it's civil matter and a low priority. If an offence is committed it's becomes a higher priority which they will respond, someone not sharing the required details after an RTC is an offence.

    They would if it was a case that the other driver wouldn't provide any details of insurance as that's an offence.


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    #40
    coylemj
    Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Del2005 wrote: »
    ....someone not sharing the required details after an RTC is an offence.
    jimmycrackcorm wrote: »
    They would if it was a case that the other driver wouldn't provide any details of insurance as that's an offence.

    Let's be clear that in this case, no offence was committed. It's up to each side to demand the other person's details and if you don't (as happened here), you can be left high and dry.

    Responsibilities after an accident....

    (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;

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


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    #41
    Dkhuts
    Registered Users Posts: 100 ✭✭Dkhuts


    Update on the situation, the owner of the company finally called me back and agreed to pay for the repairs, but not cover the hire car. As many of you said, he technically only agreed to pay for the repairs (even though the repair company provide a hire car at an extra charge), but considering I've been without a car for over a week now I thought that he'd do the decent thing and cover the hire car cost.
    The only issue remaining is he refuses to pay tax as he's in northern ireland (again I'm not sure about how all this works), and that he said he'll pay the repair company once the work is done. Worst case scenario, he refuses to pay for the repairs after they're completed (even though he previously agreed) and in that case I'd assume it's a 'go through courts and insurance' job then


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    #42
    Car99
    Registered Users Posts: 2,530 ✭✭✭Car99


    Dkhuts wrote: »
    Update on the situation, the owner of the company finally called me back and agreed to pay for the repairs, but not cover the hire car. As many of you said, he technically only agreed to pay for the repairs (even though the repair company provide a hire car at an extra charge), but considering I've been without a car for over a week now I thought that he'd do the decent thing and cover the hire car cost.
    The only issue remaining is he refuses to pay tax as he's in northern ireland (again I'm not sure about how all this works), and that he said he'll pay the repair company once the work is done. Worst case scenario, he refuses to pay for the repairs after they're completed (even though he previously agreed) and in that case I'd assume it's a 'go through courts and insurance' job then

    He'll be able to avoid vat if he pays the repair garage direct from his VAT registered NI business.


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    #43
    Schorpio
    Registered Users Posts: 1,232 ✭✭✭Schorpio


    Dkhuts wrote: »
    Update on the situation, the owner of the company finally called me back and agreed to pay for the repairs, but not cover the hire car. As many of you said, he technically only agreed to pay for the repairs (even though the repair company provide a hire car at an extra charge), but considering I've been without a car for over a week now I thought that he'd do the decent thing and cover the hire car cost.
    The only issue remaining is he refuses to pay tax as he's in northern ireland (again I'm not sure about how all this works), and that he said he'll pay the repair company once the work is done. Worst case scenario, he refuses to pay for the repairs after they're completed (even though he previously agreed) and in that case I'd assume it's a 'go through courts and insurance' job then

    I know I'm probably stating the obvious.....but this is so messy.

    What tax is he refusing to pay? VAT on the repair? Just because he's in NI, the VAT will still be due on the work carried out, and he would be liable to pay for it if funding the repair. Being in NI makes no difference. This isn't the delivery of goods we're taking about.

    If he doesn't pay, how confident are you of taking things through the courts, and the costs/stress associated with all of that. Even then, they may say that you should have gone through insurance day 1, as that is technically what it's there for.

    I know you have said that you don't want to go through insurance, but if I were you I would 100% be having a chat with my insurer at the very least. If you have dashcam footage of the incident, I would be surprised if it counted as a claim on your own policy. Your insurer may be able to recover the costs. Either way, they will know what the situation is - not us here.


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    #44
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    He's acting the maggot. Why would you want to do him any favours at this stage? Get his insurance details, and go that route. You shouldn't be left out of pocket by not going through insurance. Insurance will generally pay for car hire while your car is off the road.


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    #45
    Dkhuts
    Registered Users Posts: 100 ✭✭Dkhuts


    Schorpio wrote: »
    I know I'm probably stating the obvious.....but this is so messy.

    What tax is he refusing to pay? VAT on the repair? Just because he's in NI, the VAT will still be due on the work carried out, and he would be liable to pay for it if funding the repair. Being in NI makes no difference. This isn't the delivery of goods we're taking about.

    If he doesn't pay, how confident are you of taking things through the courts, and the costs/stress associated with all of that. Even then, they may say that you should have gone through insurance day 1, as that is technically what it's there for.

    I know you have said that you don't want to go through insurance, but if I were you I would 100% be having a chat with my insurer at the very least. If you have dashcam footage of the incident, I would be surprised if it counted as a claim on your own policy. Your insurer may be able to recover the costs. Either way, they will know what the situation is - not us here.

    Yeah the VAT on the repairs. I spoke to the repair garage owner and said that's fine, apparently he is exempt. The only issue of going through insurance is he won't give he his insurance details, and if I go through mibi it can take up to 6 weeks to get them, which is too long for me to be without a car (assuming car won't get repaired until all insurance matters are sorted). The repair garage owner is on my side, so I've a feeling the truck company owner won't muck about anymore


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    #46
    Eggs For Dinner
    Registered Users Posts: 2,942 ✭✭✭Eggs For Dinner


    As I said before, contact the MIBI with his reg number, they will obtain his insurance details for you


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    #47
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,634 Mod ✭✭✭✭Henry Ford III


    Eggs For Dinner wrote: »
    As I said before, contact the MIBI with his reg number, they will obtain his insurance details for you

    This is the only way to go.

    It takes out all the uncertainties and stress. The full cost of the claim will be met - including VAT and car hire if deemed appropriate.

    It takes the ability to act the bollix completely away from the 3rd party.


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    #48
    Markcheese
    Registered Users Posts: 8,430 ✭✭✭Markcheese


    Id formally ask for his insurance details now , just because you didnt ask for them on the road side doesn't mean you can't ask for them now , and I'd imagine his refusal to give you the details would still be an offence - do you have the reg number of the truck ?

    Slava ukraini 🇺🇦



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