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RTA - Status of admission of liability

  • 03-12-2018 8:25pm
    #1
    mea_k
    Registered Users Posts: 213 ✭✭


    Was involved in RTA some time agoo. Rang their insurance as my car needed to be fixed. My car got fixed via their insurance. Person driving was under someone else's insurance. Person txted me fully admitting fault. Then person who is main driver texted me that will be engaging some sort of inspectors etc etc. No guards called. Ie. Streight forward case since man drove in back of me.
    Talked with solicitor today. He is asking for them to admit liability in writing. But I'm sure they will not engage. My question is how likely my case of injuries will be dismissed if they don't engage or refuse liability even if I have allready proof via text message? And the fact my car was allready fixed under the cost of their insurance? Can they refuse liability at this stage?


Comments

  • #2
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    They can deny liability and force you into court to make your case. Your solicitor should be advising you.


  • #3
    mea_k
    Registered Users Posts: 213 ✭✭mea_k


    Under His Eye wrote: »
    They can deny liability and force you into court to make your case. Your solicitor should be advising you.

    I only thought about it when I got home. I'm asking can they deny now seeing as they agreed to it first and fixed my car?
    I don't want to go court and be stuck with fees


  • #4
    coylemj
    Registered Users Posts: 25,308 ✭✭✭✭coylemj


    If the other guy's insurance has already paid to repair your car then his insurance has effectively admitted that they are liable for the claim so there shouldn't be any issue about them similarly coughing up for your personal injury claim.

    He can't stop his own insurance from settling with you but if he is a really stubborn individual and refuses to accept that he is liable, he could in theory try to turn the case around and sue you for the damage to his car and/or deny your personal injury claim. The fact that his own insurance has reviewed the case and decided that he is liable will obviously help you and his own solicitor will go to great lengths to highlight this to him but you can't deal with some people and if he really wants to, he can sue you.


  • #5
    Victor
    Registered Users Posts: 78,234 ✭✭✭✭Victor


    mea_k wrote: »
    Person txted me fully admitting fault.
    Keep that text message. Bring it to you solicitor, have them transcribe is and the related details.


  • #6
    Aravo
    Registered Users Posts: 844 ✭✭✭Aravo


    Just because one admits liability, you could end up in court not over liability but more over the costs/injuries claimed as a result of the incident in question.


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  • #7
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Just a few thoughts on the general issues arising.

    The driver and the owner of the vehicle are two separate entities.
    The driver is personally liable for his own negligence.
    The owner is vicariously liable for the driver's negligence.
    If OP had to issue proceedings the pleadings would be drafted with both the driver and the owner as co-defendants.

    There is little practical point in the owner repudiating liability for the driver's admitted negligence unless the owner is denying that the driver had authority to drive the vehicle.

    Additionally, the driver under a motor insurance policy usually receives a personal indemnity from the motor insurer. So, the insurers were entitled to settle with the OP in respect of the driver's personal negligence.

    The personal indemnity point also explains why the owner's insurers would not pursue a claim for indemnity and contribution against the driver as they would be running a circular action against themselves.

    The fact that the owner's insurance has settled OP's material damage claim is not conclusive evidence of an admission of liability. You will probably find that there was a discharge form to be signed and or an endorsement on the settlement cheque indicating that payment was made with a denial of liability. This leaves open the exact possibility already covered above by coylemj.

    BTW it is a breach of policy conditions under a motor insurance policy to make an admission of liability. Clearly the insurers felt that there was no merit in seeking to take that point.

    +1 the point about having the "admission text" noted by a solicitor.


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