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Motor Insurance Dispute

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  • 04-03-2007 8:42pm
    #1
    Registered Users Posts: 43


    Hi Folks, I'm hoping someone can help me out here.

    I'm just wondering what the situation is reguarding a policy holders rights under a motor insurance policy.

    For example if a situation were to arise where there was a dispute over damage caused during an accident. If the policy holders insurace company has reason to believe that a claim is being made falsly against them are they obliged to take any action?

    If the other indivdual had agreed at the time that there was no damage and arrived back 6 weeks after the incident with a quote in excess of €1k claiming that extra damage had been caused should this be reason to suspect a false claim given both parties had view the "damage" at the time and had agreed that there was none.

    Also if a this damage was repaired prior to an assessor from the insurance company where the claim is being laid can view it can/should the insurance company still pay out?

    I would really appreciate views on this subject.

    Thanks
    Tweets:confused:


Comments

  • Registered Users Posts: 2,284 ✭✭✭wyndham


    Were the Gardai called at the time of the accident?
    Were there any witnesses?
    Is there any photographic evidence of the damage?
    Did you sign anything at the scene/thereafter accepting liability?
    Have you confirmed to your insurance company that an accident occured?
    If the "damage" has been repaired, without prior reference to either you or your insurance company,and there is no evidence of same, nobody should be able to claim for it, i would think.


  • Registered Users Posts: 43 Tweets


    Unfortunitly me being trusting didn't feel the need to call the Garda at the time.
    We had both agreed that there was little or no damage done and that I would pay for the minor scratches I had done (I have no problem with this)
    I have admited liability for the scratches and nothing else.
    As I was only notified of the "extra" damage 6 weeks after the fact I have no photgraphic evidence but I presume her insurance co would have had to have a look at the damage at least?
    I was on to my company today and after a lot of hassel finally got to speak with someone who knows what shes talking about. They are sending out an assessor to view my car to see if the damage corrosponds when the claim comes in. Heres hopin!

    I was informed by someone in the company that when cases like this come in most are just paid out straight away!!!! They take it that the claimer is correct.


  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    Isnt it a crime in itself NOT to report an accident?


  • Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    you pay your policy so that should you cause an accident they will look after bills between themselves and the other insurance compnay , the decision is completely out of your hands. you telling them not to settle will make no odds as it will untlimately cost the insurance compnay more if it goes to court.


  • Registered Users Posts: 4,160 ✭✭✭TheNog


    Sully04 wrote:
    Isnt it a crime in itself NOT to report an accident?

    Depends on the damage caused. If it is a material damage, like in this case, people are advised to call the guards though it is not required. If it serious enough where injury or death is caused then the guards have to be called. In all cases those involved in the crash must supply their names,address, phone number and insurance details. It is against the law not to do so.


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  • Registered Users Posts: 43 Tweets


    When I spoke with the guards after they informed me that the only thing they would be there to check was that both parties were taxed and insured and in a case like this they do not have to be notified.

    Don't get me wrong Im not trying to get out of anyting, I totally agree that I should have to pay for the damage I caused. It was my fault, but I do not feel that I should have to pay for damage that I did not cause.

    I did feel that as I was paying my insurance company that they should be working for me and not just paying out on a claim because it was easier than checking the facts.

    I spoke with IFSRA who told me that Insurance Companies are required to check all cases throughly especially in dispute cases and I got back onto them. I finally got someone who had some cop on and knew how to deal with it.

    I had an assessor out with me during the week from my insurance company assessing the damage done to my car so he can confirm with the report her company had done because he cannot check the damage on hers seen as she promptly got if fixed. He seen the two tiny scratches on my car and laughed after being told the damage these two scratches were supposed to have done!

    In order to have caused the damage she claims I would have had to hit the car both on the side and at the back so hopefully the insurance compan car confirm this and I can pay what I done and no more.

    Thanks for your views guys!:)


  • Closed Accounts Posts: 1,493 ✭✭✭mcaul


    Maybe inform her that you will be making a complaint to the gardai about her fraudently making an insurance claim on your policy, especially if you have a written statement from insurance assessor that the damage alledgely done could not have happened from the accident with your car. - Gardai must investigate if you make a statement in writing.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    If you get nowhere with the assessors, or even if you do, call INSURANCE CONFIDENTIAL – 1890 333 333, and report the other party for attempted insurance fraud. Some more info here.


  • Registered Users Posts: 43 Tweets


    Thanks Jor el! I think I'll look into that.

    I would have thought the insurance company would automaticaly investigate BUT I suppose this is the reason why our insurance premium's are so bloody high!

    I still havent heard anything back from the insurance co.


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