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Car accident help /advice

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  • 18-03-2020 10:39pm
    #1
    afro man
    Registered Users Posts: 617 ✭✭✭


    Relative had minor crash they rear ended another car months ago.. No noticable damage to either car.. No garda called.,relative advised
    insurance company and logged on system and also visited garda Station next day made statement.
    Registered solicitors letter received recently to advise their client suffered personal injuries as result of accident and hereby call on you to admit liability in letter within 10 days..
    My question.. Do they need to reply to solicitors letter or just hand it all over to insurance company.. Would relative also be safer to contact her own solicitor..


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    #2
    Atlantic Dawn
    Registered Users Posts: 81,382 ✭✭✭✭Atlantic Dawn
    M


    No just hand it over to the insurance company and they will act on their behalf.


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    #3
    _Brian
    Registered Users Posts: 18,493 ✭✭✭✭_Brian


    Insurance company.


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    #4
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Insurance premium will be hit too.

    What did the other driver say when it happened


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    #5
    afro man
    Registered Users Posts: 617 ✭✭✭afro man


    punisher5112 wrote: »
    Insurance premium will be hit too.

    What did the other driver say when it happened

    Understand premium will be hit.. Other person extremely unpleasant at time and my relative very timid and shy . But I can't say to much as other issues which may hopefully affect claim.. Relative has been advised by a few friends to get her own legal advice.. But Im sure their insurance company will advise them on this


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    #6
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    afro man wrote: »
    Understand premium will be hit.. Other person extremely unpleasant at time and my relative very timid and shy . But I can't say to much as other issues which may hopefully affect claim.. Relative has been advised by a few friends to get her own legal advice.. But Im sure their insurance company will advise them on this

    Insurance company will most likely pay out.

    Really depends on their solicitor and if they've been advised to be checked as they will get a pay out for soft tissue damage etc and near impossible to disprove.

    Have they put in a claim for damage on car?

    Garda tend not to get involved unless injury or if worried the other isn't insured.


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    #7
    afro man
    Registered Users Posts: 617 ✭✭✭afro man


    punisher5112 wrote: »
    Insurance company will most likely pay out.

    Really depends on their solicitor and if they've been advised to be checked as they will get a pay out for soft tissue damage etc and near impossible to disprove.

    Have they put in a claim for damage on car?

    Garda tend not to get involved unless injury or if worried the other isn't insured.

    No claim for damages to car.. Just personal injuries.. After talking to relative they can't understand how anyone was injured or would put in claim?? "probally why our insurance policies keep going up every year


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    #8
    Eggs For Dinner
    Registered Users Posts: 2,944 ✭✭✭Eggs For Dinner


    afro man wrote: »
    Understand premium will be hit.. Other person extremely unpleasant at time and my relative very timid and shy . But I can't say to much as other issues which may hopefully affect claim.. Relative has been advised by a few friends to get her own legal advice.. But Im sure their insurance company will advise them on this

    Your insurers reserve the right to handle all matters in relation to the claim. No need to appoint your own legal representative as they cannot intervene. Pass all correspondence to your insurer and just provide assistance when requested


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    #9
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    afro man wrote: »
    No claim for damages to car.. Just personal injuries.. After talking to relative they can't understand how anyone was injured or would put in claim?? "probally why our insurance policies keep going up every year

    Very unfortunate but it's the world we live in now, oy thing they can take out of it is to give more space.

    Had it myself where car hit me, no damage as it was a glancing blow, she claimed, we t on for months and she ended up losing.

    Her car was in bits, mine was only around 4 years old and not a mark....

    She even called to the house at least 10 times, taking photos etc but my sister's never answered.

    Insurance wanted to pay out but I caught with them and showed them photos of both cars oh and explained to them the giving out of my personal details such as address and phone wasn't on,...


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    #10
    coylemj
    Registered Users Posts: 25,353 ✭✭✭✭coylemj


    afro man wrote: »
    Relative has been advised by a few friends to get her own legal advice..

    The Gardai are not going to get involved with a minor rear-ender so she is not going to get a summons. The civil side of it will be dealt with by her insurance, there is absolutely no reason to waste money consulting a solicitor.

    You say she went to the Gardai and made a statement. I find this hard to believe - once they establish that (as appeared at the time) nobody was injured and the two parties exchanged details, they don't get involved. Why would the Garda on duty in the station be bothered taking a statement about a trivial car accident?

    As a general principle.... if you're involved in a traffic accident which was probably your fault, the last thing you should be doing is making a statement to the Gardai.


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    #11
    afro man
    Registered Users Posts: 617 ✭✭✭afro man


    coylemj wrote: »
    The Gardai are not going to get involved with a minor rear-ender so she is not going to get a summons. The civil side of it will be dealt with by her insurance, there is absolutely no reason to waste money consulting a solicitor.

    You say she went to the Gardai and made a statement. I find this hard to believe - once they establish that (as appeared at the time) nobody was injured and the two parties exchanged details, they don't get involved. Why would the Garda on duty in the station be bothered taking a statement about a trivial car accident?

    As a general principle.... if you're involved in a traffic accident which was probably your fault, the last thing you should be doing is making a statement to the Gardai.

    Reasons behind statement which I can't go into here. But might be usefull when claim getting processed. Pulse id opened by garda at time.. Forgot to mention details were not exchanged other parties took picture of insurance disc and got back in car and drove off


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    #12
    coylemj
    Registered Users Posts: 25,353 ✭✭✭✭coylemj


    afro man wrote: »
    Reasons behind statement which I can't go into here. But might be usefull when claim getting processed. Pulse id opened by garda at time.. Forgot to mention details were not exchanged other parties took picture of insurance disc and got back in car and drove off

    Did the other party give their details to your relative at the time? I’m guessing he did not and that’s why she went to a Garda station to report it. If this happened more than six months ago, it’s now too late to start a prosecution for failing to remain at the scene and giving the other party (your relative) their details as required under S.106 of the RTA.


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    #13
    afro man
    Registered Users Posts: 617 ✭✭✭afro man


    coylemj wrote: »
    Did the other party give their details to your relative at the time? I’m guessing he did not and that’s why she went to a Garda station to report it. If this happened more than six months ago, it’s now too late to start a prosecution for failing to remain at the scene and giving the other party (your relative) their details as required under S.106 of the RTA.

    The other party did not give their details.. And accident happened over 8-9 months ago so this is why they probally waited so long to claim damages, and also slip in the middle of coronavirus pandamic knowing insurance company would be crazy now.. Should garda not have pointed out at time to my relative about other persons failing to remain at the scene..


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    #14
    coylemj
    Registered Users Posts: 25,353 ✭✭✭✭coylemj


    afro man wrote: »
    Should garda not have pointed out at time to my relative about other persons failing to remain at the scene..

    Yes, but that Garda probably works full time behind the counter in the station and didn't want to take on the case. You said in your first post 'no garda called', that was a mistake. Your relative should have phoned the Gardai from the scene and reported a hit and run. Because even though it appears that she was at fault, both parties are obliged to provide details to the other, regardless of who is at fault. That is to say, the 'innocent' party doesn't get a pass to drive off....

    106.—(1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:

    (a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;

    (b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;

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

    He might done a runner because he was afraid that she would call the Gardai and he had no insurance or he might have had drink and/or drugs on him. But his neglect to observe the law concering a driver's responsibilities at the scene of the accident have no bearing on the cilvil aspect of the case. Which is that your relative is liable for any damage.

    She will just have to lump it. Her insurance will take it from here.


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    #15
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    I hope she reported it to her insurance at the time. If not, they'll tell her to go away.


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    #16
    coylemj
    Registered Users Posts: 25,353 ✭✭✭✭coylemj


    seagull wrote: »
    I hope she reported it to her insurance at the time. If not, they'll tell her to go away.

    Read the first post again.


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    #17
    afro man
    Registered Users Posts: 617 ✭✭✭afro man


    coylemj wrote: »
    Yes, but that Garda probably works full time behind the counter in the station and didn't want to take on the case. You said in your first post 'no garda called', that was a mistake. Your relative should have phoned the Gardai from the scene and reported a hit and run. Because even though it appears that she was at fault, both parties are obliged to provide details to the other, regardless of who is at fault. That is to say, the 'innocent' party doesn't get a pass to drive off....

    106.—(1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:

    (a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;

    (b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;

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

    He might done a runner because he was afraid that she would call the Gardai and he had no insurance or he might have had drink and/or drugs on him. But his neglect to observe the law concering a driver's responsibilities at the scene of the accident have no bearing on the cilvil aspect of the case. Which is that your relative is liable for any damage.

    She will just have to lump it. Her insurance will take it from here.

    Honestly as she rear ended someone.. Would expect insurance to pay out.. Just hoping other issues may soften the payout but not very hopeful.. In the hands of insurance company now


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    #18
    afro man
    Registered Users Posts: 617 ✭✭✭afro man


    afro man wrote: »
    Honestly as she rear ended someone.. Would expect insurance to pay out.. Just hoping other issues may soften the payout but not very hopeful.. In the hands of insurance company now

    Just an update insurance company settled claim 22,000 relative only found out when they phoned to renew new insurance policy


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    #19
    Nekarsulm
    Registered Users Posts: 11,190 ✭✭✭✭Nekarsulm


    Par for the course. Same happened to me. My Insurance settled, never told me until I went to insure a camper van we had bought.
    As payout was over 10,000 euro, they refused to give me a new policy.

    In my case, the driver was claiming for one of her 2 children in the car at the time, claiming stress and psychological troubles.
    When she came again 12 months later claiming the same for the other child, I forcefully told the insurance company (FBD) that I'd fight it all they way this time.

    Never heard another word from her.


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    #20
    lalababa
    Registered Users Posts: 1,726 ✭✭✭lalababa


    Country is gone to the dogs with insurance.....


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