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Crashed into by unaccompanied learner driver

2

Comments

  • Registered Users Posts: 35,609 ✭✭✭✭BorneTobyWilde


    Insurance is NEVER invalid. They might claim it is but legally it's not. Are we saying that the 99% of learner drivers are driving around with no insurance, as 99% of them do not have someone in that car with them. Who the hell is going to accompany someone to work in their car, and sit in car all day and accompany them home. Only in Ireland!


  • Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    emmaro wrote: »
    Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.

    The other driver said she would prefer to pay for the damage to my car rather than go through insurance. The damage to my car will cost approx 3,000 to repair. I rang the other driver today and she said she could not afford it and that she was a learner driver (no L's on car) so her insurance would not pay. She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

    I am sick over this. I do not feel like lying - it's wrong and she could go back on the road unaccompanied and kill someone. However, with her insurance invalid, where does this leave me? I don't want to claim on my own and loose no claims bonus/have a huge increase next year for claiming.

    Yeah lots of people say that and then mess you around.

    Just claim off her insurance and be done with it. F**k her tbh. Her lies are her problem.


  • Registered Users Posts: 127 ✭✭emmaro


    Dakota Dan wrote: »
    Was she driving a green Yaris by any chance?

    Nope.


  • Registered Users Posts: 51,109 ✭✭✭✭bazz26


    From what you have said OP, the less direct dealings you have with this person the better for you and quicker you will get your car sorted. Just go through her insurance because otherwise you will never get a satisfactory outcome with someone who thinks its ok to get you to lie around a claim. As others have said, her insurance company are obliged to pay out on a third party claim made against her. They may however seek to recoup that money from her at a later stage because she is a learner driver driving unaccompanied. That's her problem to deal with however, not yours.

    Make sure you have the Garda's name, badge number and the Pulse case number in the event her insurance company ask.


  • Registered Users Posts: 3,522 ✭✭✭paleoperson


    Why the **** would you say it was her dad that was driving? You're not her friend are you? Any favour you're doing her is a danger to others and taking money out of the pockets of others (not the insurance company).

    I suggest you cop on and act like an adult, why would you even ask this question. She doesn't know any better at her age and still has a nerve, you should.


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  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy



    I suggest you cop on and act like an adult, why would you even ask this question. She doesn't know any better at her age and still has a nerve, you should.

    Bit harsh, the OP wasn't aware of the insurance companies 3rd party cover obligation. Some people can react wrong in these situation, it's not a maturity thing and many people can not afford to lose €3k.


  • Registered Users Posts: 127 ✭✭emmaro


    Why the **** would you say it was her dad that was driving? You're not her friend are you? Any favour you're doing her is a danger to others and taking money out of the pockets of others (not the insurance company).

    I suggest you cop on and act like an adult, why would you even ask this question. She doesn't know any better at her age and still has a nerve, you should.

    Yikes.

    My question was if her insurance was invalid where would that leave me, not whether I should lie for her - and I never said anything about her dad driving the car.


  • Registered Users Posts: 3,522 ✭✭✭paleoperson


    emmaro wrote: »
    Yikes.

    My question was if her insurance was invalid where would that leave me, not whether I should lie for her - and I never said anything about her dad driving the car.

    oh yeah I misread it. So she wanted you to say her dad was in the car with her. That's quite different then.

    Her insurance will still have to pay whether her dad was in the car or not. They won't get out of paying a claim like that. Insurance can't just be "invalid" based on something like that. I drove for several years as a learner with no accompanying driver, after a few years I also took off the L-plates but that's neither here nor there. The point is that it's very common. If you really had no insurance you'd go straight to jail after a serious accident, the insurance is valid.


  • Registered Users Posts: 17,242 ✭✭✭✭fritzelly


    Possibly the car isn't hers either so whoever lent it to her will be in trouble as well


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    oh yeah I misread it. So she wanted you to say her dad was in the car with her. That's quite different then.

    Her insurance will still have to pay whether her dad was in the car or not. They won't get out of paying a claim like that. Insurance can't just be "invalid" based on something like that.

    If her insurance decides to cancel her policy over this(does that sometimes happen in these cases?) she can expect her next quote to be €5k+. Perhaps this is what she is worried about.


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  • Registered Users Posts: 3,517 ✭✭✭Hoboo


    If you really had no insurance you'd go straight to jail

    You wouldn't be allowed pass Go or collect £200 either.


  • Closed Accounts Posts: 97 ✭✭Nic_Col


    Time to cut out the middle man (or in this case, woman) and deal with her insurance company. You've nothing to gain and an awful lot to lose by covering for her.

    She reneged on her initial agreement to pay for your damages, she's only looking out for number one, take a leaf from her book. She doesn't care about you so why should you care about her?

    The insurance will be grand; that line that's commonly put out there that insurance won't pay out on claims against unaccompanied learner drivers is only a myth. Her premium will sky rocket, that's the real reason she's attempting to get her father (who presumably has agreed to go along with it) to take the hit instead.


  • Registered Users Posts: 2,575 ✭✭✭monkeysnapper


    Yeh you can bet her father has step back bonus protection on his policy and that's what's going on here.

    As people have said ,,,, this isn't your mess or problem ...

    Do this by book and let her deal with her own mess.


  • Registered Users Posts: 1,171 ✭✭✭Rechuchote


    emmaro wrote: »
    She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

    She has asked you to help her defraud an insurance company? Step far back, my friend, back, back, back away.


  • Registered Users Posts: 8,458 ✭✭✭blackwhite


    emmaro wrote: »
    Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.

    The other driver said she would prefer to pay for the damage to my car rather than go through insurance. The damage to my car will cost approx 3,000 to repair. I rang the other driver today and she said she could not afford it and that she was a learner driver (no L's on car) so her insurance would not pay. She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

    I am sick over this. I do not feel like lying - it's wrong and she could go back on the road unaccompanied and kill someone. However, with her insurance invalid, where does this leave me? I don't want to claim on my own and loose no claims bonus/have a huge increase next year for claiming.

    Her insurance will still cover you - it just won't cover her own car if she was unaccompanied.

    Insurance companies cannot disclaim the third party element of cover for things like NCT, unaccompanied learner, etc., but they can pursue her themselves to recover costs afterwards


    *EDIT*
    Just to add - I know you've said you wouldn't really consider lying for her - but just to avoid any risk of being swayed to sympathy, deal directly with the insurance company, not her.


  • Registered Users Posts: 10,183 ✭✭✭✭Marcusm


    emmaro wrote: »
    Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.

    The other driver said she would prefer to pay for the damage to my car rather than go through insurance. The damage to my car will cost approx 3,000 to repair. I rang the other driver today and she said she could not afford it and that she was a learner driver (no L's on car) so her insurance would not pay. She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

    I am sick over this. I do not feel like lying - it's wrong and she could go back on the road unaccompanied and kill someone. However, with her insurance invalid, where does this leave me? I don't want to claim on my own and loose no claims bonus/have a huge increase next year for claiming.

    If she is insured and you have a probable claim then it will be late. If she was driving outside the terms of her policy then the insurer may be able to recover the money from her but that is not your issue, your claim is separate.


  • Posts: 0 [Deleted User]


    The Garda will have surely checked her driving license at the scene? And will have noted no accompanying driver?


  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    I seriously doubt the Gardaí attended.


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    I seriously doubt the Gardaí attended.

    The OP said they did.


  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    Then she is screwed.


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  • Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    The Garda will have surely checked her driving license at the scene? And will have noted no accompanying driver?

    "She didn't have it." On her at the time.


  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    It will all become clear in 10 days when the correct licence is not produced.


  • Registered Users Posts: 3,761 ✭✭✭Dakota Dan


    emmaro wrote: »
    Nope.

    Not the lunatic I came across on the m50 so. Can learners drive on the m50 even though she was unaccompanied.


  • Registered Users Posts: 2,795 ✭✭✭samih


    Even if the third party was totally uninsured the MIBI would pay for your damage as you have identified the third party that drove into you. Would be different if somebody had hit your car but disappeared without a trace but you have absolutely nothing to worry about OP.

    Just ask your own insurance company to start the process and don't spend any more time worrying about the whole thing. Keep all the receipts for expenses incurred.


  • Registered Users Posts: 8,458 ✭✭✭blackwhite


    Dakota Dan wrote: »
    Not the lunatic I came across on the m50 so. Can learners drive on the m50 even though she was unaccompanied.

    Can they? Yes

    Can they legally? No - accompanied or otherwise.


  • Moderators, Politics Moderators Posts: 38,805 Mod ✭✭✭✭Seth Brundle


    Dakota Dan wrote: »
    Not the lunatic I came across on the m50 so. Can learners drive on the m50 even though she was unaccompanied.
    Only people with a valid full licence can use a motorway.
    A learner permit, whish is what learner drivers have, is not a driving licence.


  • Registered Users Posts: 3,205 ✭✭✭cruizer101


    First post in thread
    emmaro wrote: »
    Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.
    I seriously doubt the Gardaí attended.
    The Garda will have surely checked her driving license at the scene? And will have noted no accompanying driver?

    Do people just reply to threads without reading the OP's at all these days.
    Are we saying that the 99% of learner drivers are driving around with no insurance, as 99% of them do not have someone in that car with them. Who the hell is going to accompany someone to work in their car, and sit in car all day and accompany them home. Only in Ireland!

    Are you actually saying that 99% of learner drivers drive unaccompanied??
    There is no way that is true, I would say the vast majority these days don't, most people learn to drive when living at home with their parents.


    Back on topic anyway, she is a very silly girl the 3000 was a bargain compared to the premium she will be paying on her insurance for years to come.
    No way I'd be lying in any way OP, there is no advantage for you.


  • Registered Users Posts: 5,796 ✭✭✭Isambard


    there's nothing straight about this girl, claim form her Insurance and leave them sort it. She's no concern of yours.


  • Registered Users Posts: 21,065 ✭✭✭✭Odyssey 2005


    emmaro wrote: »
    Yikes.

    My question was if her insurance was invalid where would that leave me, not whether I should lie for her - and I never said anything about her dad driving the car.

    Some ppl cant/don't read !


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  • Registered Users Posts: 12,390 ✭✭✭✭TheDriver


    Don't lie, it's not your problem and it's a legal/insurance matter. Her Dad may not even exist (through many reasons) so you are just adding to the lies. Don't fall for sob stories it's her problem, not yours.


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