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Any way to stop insurance company from settling with claimant?

  • 15-06-2019 2:04pm
    #1
    McHardcore
    Registered Users, Registered Users 2 Posts: 353 ✭✭


    [original post removed]


    [edit] Thanks for the advice guys. From the feedback it looks like that I should contact the guards and see if they can peruse it to get the evidence for a court case.

    I hope that you understand that I have removed the original post in case it contains sensitive information for court.


Comments

  • #2
    J.R.
    Registered Users, Registered Users 2 Posts: 2,366 ✭✭✭J.R.


    Settling would be much cheaper for the insurance company rather than go to court to defend - IF YOU WERE WRONG and caused the accident.

    The cheapest way out for the insurance company is to pay nothing.

    Have you informed your insurance company of all the details you've just mentioned.

    I'm sure your insurance company would be very interested in seeing the dash cam footage.

    Insurance companies are trying to weed out suspect claims so this evidence would be invaluable to them.


  • #3
    Eggs For Dinner
    Registered Users, Registered Users 2 Posts: 3,008 ✭✭✭Eggs For Dinner


    In short, your Insurer has the total right to handle the claim as they deem appropriate in your best interest, but taking the economics into consideration.

    Having said that, insurers only settle when the situation of the loss is proven or, without proof, on the probability of what happened. The truth and being able to prove the truth are 2 different things. As said above, your insurers will be very interested in the situation you have described above. Claim handlers love information to work with, especially when their gut tells them something is up, but can't substantiate it. Talk to them. It's in both your interests to defend this


  • #4
    cookie1977
    Registered Users, Registered Users 2 Posts: 6,794 ✭✭✭cookie1977


    An insurer once told me that they sometimes settle claims as they are afraid their client wont turn up in court.


  • #5
    McHardcore
    Registered Users, Registered Users 2 Posts: 353 ✭✭McHardcore


    Thanks for the reply, JR.
    J.R. wrote: »
    Settling would be much cheaper for the insurance company rather than go to court to defend - IF YOU WERE WRONG and caused the accident.

    The cheapest way out for the insurance company is to pay nothing.

    Im not sure if I agree: It is expensive for an insurance company to go to court whether they win or not. It is naive to think that they do not do a cost based analysis based on how much a pre-court settlement will cost them vs. how much a day in court will cost them plus administration minus the increase in insurance premiums that they will receive when their customer lose their no-claims bonus. In this case, it doesnt matter who is right or wrong; what matters is what will cost them less. Which could be settling even though i am in the right.
    J.R. wrote: »
    Have you informed your insurance company of all the details you've just mentioned.

    Yes, of coarse.
    J.R. wrote: »
    I'm sure your insurance company would be very interested in seeing the dash cam footage.
    Insurance companies are trying to weed out suspect claims so this evidence would be invaluable to them.


    I am wondering if there is any way that I can force the claimant to hand it over as it would help my case. I worry that my insurance company will attempt to settle due to cost instead of pushing for this evidence.


  • #6
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Why in the world would you tell them to go to your garage???? That's honestly bizarre....

    You let the person that hit do all the work, you get a quote, give it to them and let them look after you if they indeed ran into you....


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  • #7
    AndyBoBandy
    Registered Users, Registered Users 2 Posts: 15,729 ✭✭✭✭AndyBoBandy


    Go to your insurance company and tell them everything.

    Being rear ended in traffic sounds a lot more feesable than you reversing into someone in traffic (what would the odds be on that happening? Minimal at best).


  • #8
    matrim
    Registered Users, Registered Users 2 Posts: 7,518 ✭✭✭matrim


    Can you make a claim against their insurance for the damage to your car?


  • #9
    The Satanist
    Closed Accounts Posts: 693 ✭✭✭The Satanist


    Surely this is fraud, and as such should be reported to the Gardai?


  • #10
    Grab All Association
    Registered Users, Registered Users 2 Posts: 3,921 ✭✭✭Grab All Association


    Go to AGS right now. Let them investigate it and get him produce this dash cam footage to them.

    Get on to insurance Ireland too and keep nagging them to take action to investigate this with your insurer.


  • #11
    SCOOP 64
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭SCOOP 64


    Strange to admin to having dash cam footage when the car ran into you or have i read it wrong.


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  • #12
    McHardcore
    Registered Users, Registered Users 2 Posts: 353 ✭✭McHardcore


    The Satanist wrote: »
    Surely this is fraud, and as such should be reported to the Gardai?


    Yes, it is fraud, proving it it is the difficulty.

    AndyBoBandy wrote: »
    Go to your insurance company and tell them everything.

    Being rear ended in traffic sounds a lot more feesable than you reversing into someone in traffic (what would the odds be on that happening? Minimal at best).

    Thanks. I have told the insurance company everything.
    Eggs For Dinner wrote: »
    In short, your Insurer has the total right to handle the claim as they deem appropriate in your best interest, but taking the economics into consideration.

    Having said that, insurers only settle when the situation of the loss is proven or, without proof, on the probability of what happened. The truth and being able to prove the truth are 2 different things. As said above, your insurers will be very interested in the situation you have described above. Claim handlers love information to work with, especially when their gut tells them something is up, but can't substantiate it. Talk to them. It's in both your interests to defend this

    Thank you for the information. Yes, it is my fear that the insurance company may settle taking the economics into consideration.


  • #13
    Eggs For Dinner
    Registered Users, Registered Users 2 Posts: 3,008 ✭✭✭Eggs For Dinner


    McHardcore wrote: »
    Thank you for the information. Yes, it is my fear that the insurance company may settle taking the economics into consideration.

    If your insurers have proofs, either by way of witnesses or video footage, they will fight it all the way, economics don't come in to it. However, without these, the financial cost in pursuing the matter have to be considered


  • #14
    cookie1977
    Registered Users, Registered Users 2 Posts: 6,794 ✭✭✭cookie1977


    Economics does come into it. Here's an example T&C's of a car insurance policy:

    Our rights in the event of a claim you must
    recognise our right to:
    a. Take over and deal with the defence or
    settlement of any claim in your name;
    b. Take proceedings in your name, but at our
    expense, to recover for our benefit the
    amount of any payment made under this
    policy;
    c. Exercise full discretion over the conduct of
    any proceedings and in the settlement of
    any claim.
    d. We will withhold any claims settlement
    payments until all balances on your policy
    have been settled in full.


  • #15
    Eggs For Dinner
    Registered Users, Registered Users 2 Posts: 3,008 ✭✭✭Eggs For Dinner


    That's the Claims Condition found in every policy which, like I stated previously, gives the insurer the ultimate right to handle a claim as they see fit. My point is that, if an insurer has the proofs, they will defend a claim without making an economic decision to compromise with a claimant. Without proofs, they may well do so and that is perfectly understandable.


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