Crash Advice

Ginger83

Hi, my partner was involved in a crash with a young female just before christmas. The girl came through a stop sign and my partner hit the side of her car. Guards called, usual crack, other girl admitted liability and her da offered to pay for the damage. Got a quote from a reputable dealer of €1800 and was accused of pulling a con job. Looked into going through insurance company but found out the young girl was a name driver on her mammys policy.
2 things?

1. Is the insurance policy void as mammy let her daughter drive her car knowing she was unacommpanied by a full licence holder?

2. Is it void because the daughter undertook to drive the vehicle for the same reason?
I have tried to be reasonable with the father. We have gotten a lend of a car to do her until the car is repaired. I have not tried to charge him for a replacement car while the repair work is carried out.I only want the car repaired.

Am I being unreasonable or should I contact her insurance company? Any thoughts, thanks

Redrocket

get more than 1 quote? let him suggest a reputable dealer to get a quote from??

optiplexgx270

Fact she was breaking the law by driving alone does not affect her insurance as far as i know.

Ginger83

I have suggested a few ruputable dealers but this man wants to take it to "a mate of his" some guy who is supposed to be a panelbeater who is not a registered businessman or business owner.

Just one other thing, if this guy has his car fixed and I need to get the insurance company involved to view the two damaged cars, how does this work out?

If you sign up to an insurance policy are you not agreeing to all of its conditions?
The law states that all provisional licence holders MUST be accompanied while driving. According to this law she is breaking the law and a condition of insurance. Will this affect them paying out?

Seth Brundle

Their insurance company is obliged to pay out. If they want to recover costs from the other driver then its of no concern to you.

I would not let the other drivers mate sort it out. If they keep pushing for that then just go the insurance company route - that will shut them up promptly.

Irrespective of whether or not the insurance company will get involved, inform them of the situation just in case. Also get details from the gardai before they lose them!

bazz26

I would definately get in contact with your insurance company irrespective of whether a claim is being made or not. If for some reason the other party refuse to pay up, you will then have to get your insurance company involved and they will ask you why you didn't report the matter to them from the begining.

Regarding getting the other party getting a friend of a friend, etc to do the repair work on your car cheaper, that is crap. That will result in a cheap job being done and decrease the resale value of your car. At the end of the day the other party crashed into you, you are entitled to have your car put right to way it was before the accident.

Just to be extra reasonable and if it were me, I would get one more quote from another reputable garage for the repair work. Any more moaning or reluctance from them, just inform them that you will be letting the insurance companies deal with the matter from now on.

You don't come across as being unreasonable to be honest.

Ginger83

Thanks for the reply
I have informed my partners insurance company but did not want to go throught the other persons as it would affect the mothera and daughters insurance in the future but if they refuse I might not have any choice, thanks again

MercMad

I assume you have the other girls insurance particulars ??

You are being reasonable, they are not, forget about their problems and go to the Insurance Company, the sooner the better !

tred

MercMad wrote:

I assume you have the other girls insurance particulars ??

You are being reasonable, they are not, forget about their problems and go to the Insurance Company, the sooner the better !

Once you have the cops called, their is an accident report, she admitted liability, then her insurance will settle. of course, they will send out an accessor to see if the car does cost that to repair. Forget about the other party, your dealing wiht the insurance company now.

oleras

exactly ^^^

Inform both insurance companies, especially yours, thats part of your policy !
And unless you called the cops or have a signed statement by her admitting liability its your word against hers ! from personal experience ! always, always call the cops !

DonJose

Ginger83 wrote:

Got a quote from a reputable dealer of €1800 and was accused of pulling a con job. Looked into going through insurance company but found out the young girl was a name driver on her mammys policy.

What an idiot. The father should be grateful that your are willing to go the extra mile. It pisses me off that the Garda don't take action and prosecute provisional drivers driving unaccompanied, especially when they cause road accidents. There was a similar thread posted here last week. I would waste my time, I would have my insurance company sort it out.

Seth Brundle

tred wrote:

Once you have the cops called, their is an accident report, she admitted liability, then her insurance will settle.

Its not as clear cut as that.
Admitting liability at the scene, whilst advised against by the insurance companys, is not a legally binding statement as it is done in a stressful situation and can easily be defended against by a half decent barrister.

Ginger83

I agree with your point kbannon but that argument would not stand as the young girl clearly did not stop at a stop sign or at the white stop line at the junction and pulled out into oncoming traffic in broad daylight who had the right of way
The speed zone was 50km/h and the damage was insufficient to suggest there was speeding involved.

Seth Brundle

where did refer to that? I was merely pointing out that admission of liability at the scene is worth sweet FA legally!

Ginger83

Hi all, got another quote for that damage, it was €100 more expensive than my first one which was from a BMW dealer, €1900 quid, dont know if he'll like this one but stated on quote I refused replacement car as gesture of goodwill. Will let yous know how I get on.

Seth Brundle

Don't forget to include any other costs (medical checks, etc.)

Jo King

In the case of a car with an insurance policy the situation is governed by the 2005 MIBI agreement. All of the insurance companies signed up to it. An injured third part will be compensated by the company which issued the policy, if the driver was driving with the permission of their insured. They can, if they find that the policy conditions were broken, seek recovery from their own insured. The fact is that an injured third party recovers under the policy no matter what conditions were being broken. The best thing for a driver involved in an accident to do is contact the broker who issued his own policy. the broker should pursue the other insurance company.

Ginger83

But if the policy conditions were broken are they not still obliged to pay out.

Its kind of like if you rear ended an uninsured driver and he made a claim, you cant say well he was not supposed to be there. Just because he was uninsured did not give anyone the right to hit him.

Esel

Jo King wrote:

In the case of a car with an insurance policy the situation is governed by the 2005 MIBI agreement. All of the insurance companies signed up to it. An injured third part will be compensated by the company which issued the policy, if the driver was driving with the permission of their insured. They can, if they find that the policy conditions were broken, seek recovery from their own insured. The fact is that an injured third party recovers under the policy no matter what conditions were being broken. The best thing for a driver involved in an accident to do is contact the broker who issued his own policy. the broker should pursue the other insurance company.

No one was injured here. The MIBI or whatever will not pay for damages to a vehicle.

OP: Stop being such a nice wimp. You are being walked on. Get the finger out, take all the advice given here and go the insurance route. This 'dad' sounds like the sort of guy who would screw you for everything he could (included feigned injury) if the shoe was on the other foot.

Peteb

Brokers dont chase Third Party insurers to settle claims! Proper order is to claim off your own policy if you've comp cover, and have your insurers chase the girls insurers for re-imbursement.
Doesnt matter if the dads mate can do it for half the price, as the wronged party you have the choice of where to get car repaired. Even if you claim on your insurance, they look for you to sign to say that you are happy with repairs!
The auld lad doesnt get to quibble over the repair costs, he either pays it or his insurer pays it. You've given him the option to save his no-claims bonus, not to pick the cheapest option to repair your car!
I do it the insurance way if i was you, and i would be taking the replacement car in the meantime and making sure that you claim for depreciation (approx 15%) of the value of your car due to the fact that it has now been in an accident!!!

BostonB

Peteb wrote:

Brokers dont chase Third Party insurers to settle claims! Proper order is to claim off your own policy if you've comp cover, and have your insurers chase the girls insurers for re-imbursement....

How does that effect your own no claims? I'm guessing you lose it until they get
re-imbursed?