How long does a dispute claim take?

kluivert

GF had a tip with an older lady on the 3rd November 2007.

Old lady is disputing liability even thought GF was in the right.

GF and older lady both insured with Hibernian. Accident Report Forms with photos statements etc, sent in on the 15th November 2007 to Hibernian.

Still nothing back from them even after ringing numerous times.

On peoples Experience how long does it normally take to resolve a disputed liability claim.

This is a joke beacuse the older lady was at fault, three independent Gardas have confirmed this. Hibernian are pushing 50/50liability straight away because then both parties lose there no claims bonus.

GF is willing to repair her car herself for 400e with a panel beater, Old Lady is claiming for 2444e damages to her 00 Avensis (the drivers wing and door needs to be pulled out :rolleyes:) saying it was the GF's fault. If the old lady is not going to withdraw her claim, and it turns out to be 50/50 then GF will claim because she's going to lose her NCB anyway. Opel repairs came to 1400e :rolleyes:.

GF just wants the car back on the road fixed.

Any advice.

Seth Brundle

If the dispute goes all the way to a courtroom it can take a few years.
Have you the gardais confirmation in writing? Presumably not. Can you get it? If so then the woman will soon drop her claim.

kluivert

Hibernian said that they would be able to sort this out internally.

On the day of the accident, both parties went to the Garda station as the the accident happened on the Main St of the town. Garda took each drivers details and exchanged them, and said because no body was hurt, they dont deal with it. He said it was up to each party to contact their solicitor and insurance company.

GF NCB is 400e, Excess is 300e on the policy, in effect if she did claim the repair cost to her will be 700e straight away. She could go to a panel beater for 400e if she doesnt claim, but if found to be at half fault she will lose her NCB regards so thats 800e repairs cost (400+400).

Gardai didnt take any statements at the station, I later found out from my friend, a Garda in Pearce St, that the Garda had the responsibility to take a statement from both parties once there was a dispute over who was at fault.

Surely, its a simple case of taking GF's statement sent to Hibernian and taking Old Lady's statement sent to Hibernian, Hibernian go to their solicitor or panel or Gardas and find out who was at fault and then, bingo, sorted.

The car cant sit at the GF's house for years waiting for a decision to be made whether or not who was at fault.

Can she get the car fixed and sell it on.

bf

I had a similar experience about a year ago (not with Hibernian) where someone fromt he same insurance co hit me - 100% to blame.

The insurance co in question insisted on 50/50 liability on the basis there was no witnesses i.e one persons word against another, even though the other party hit me from behind.

50/50 is the easy way out for them, it means you both lose NCB and are tied to Hibernian for the next few years as you wont be claims free. I only got a resolution over a year later when I had resorted to heavy handed tactics and turned up with my solicitor saying we would see them in court.....

BF

kluivert

A year, are you serious.

I didnt think there would be any need for solicitors to be honest.

A year is a joke, GF's policy is up on Feb 07, so that means if she wanted to move companies that she would have NCB from Hibernian.

BF - can me PM details of what strategy you used to get for claim sorted out.

Bloody insurance companies.

Anna23

I had an accident on the 30th of July 2007, I scratched a womans car, as she was turning left it was illegal to do so, and it still hasent been resolved! and I dont know how long it will take either as she is claiming PI, and obviously she is lying about it!, I barely scratched her car, I actually believe i posted a picture of it on the net!

unkel

kluivert wrote: »

GF and older lady both insured with Hibernian

kluivert wrote: »

Hibernian are pushing 50/50liability straight away because then both parties lose there no claims bonus

Alarm bells ringing! Nice and cosy insurance company solution to go 50/50 :rolleyes:

Don't accept a 50/50 liability from Hibernian. Try and prove that the older lady has full liability

kluivert

unkel wrote: »

Alarm bells ringing! Nice and cosy insurance company solution to go 50/50 :rolleyes:

Don't accept a 50/50 liability from Hibernian. Try and prove that the older lady has full liability

Took pictures of "older" ladies (50's) car and GF's car. Done out detailed maps and statements and sent them to Hibernian. The older lady is claiming for damages to the sum of 2444e surely her car is not worth that.

I was so annoyed that the Garda in the town didnt want to know about it that I rang my friend who is a Garda as well. He's knows the town and the junction where it happened. He went and asked his Sergent, who confirmed that the older lady was at fault.

Hibernian has stated that until this is sorted out that her NCB has been reduced to Zero. Her insurance is up in Jan. I am assuming that when she gets a quote her insurance will go up by 400e (value of NCB).

Can she get a quote with someone else once her policy is up.

If GF if found not to be at fault, and Hibernian re-instate her NCB, will they write her a cheque for 400e.

bf

If the claim is still open when your renewal is up you won't be able to move insurance co....Your NCB cert will have details of a claim with the status as "open" - this doesnt indicate you are at fault it means the claim is unresolved - but no other insurance co will touch you if they see this.

Keep detailed records of every phone call, letter, piece of info you provide to the insurance co - you will need these to back up any arguments you have with them.

I had a similar experience with Gardai - they acknowledged to me privately they knew the other guy was at fault but wouldn't/couldn't do anything about it. It seems that unless somebody goes off in the back of an ambulance they wont write a full report. All that will be available is the Garda's notes which will say "attended road traffic accident, nobody injured". This was confirmed to me by mor brother in law who is a Garda. If you need a Garda report to blame one party in an accident, somebody has to go off in the back of an ambulance!

Sad reflection on our country, but thats why insurance costs are still high.

Countryripple

Really feel for you here. But you may prepare yourself to be waiting a long time for these thing to be sorted out. As the other guys said, do not accept 50/50!!! To ofter innocent parties are screwed by their insurance companies when they are never at fault. I think a claim must be resolved within 3 years and if not it could go to court. It is a long process but because they have no back and fourth between two companies it should be quicker.

I had a guy reverse into me while I was stationary. He was fully at fault. Had a towbar so caused a bit of damage including a broken headlight. Anyway, the guy did not own the car. It was not taxed. It was not insured. He however produced an insurance cert from his wallet for insurance that had expired at 12.00 the night before!!! His out of date insurance was with the same company as me. So I ring them to say Ive been in an accident involving one of their clients. They take the various details etc. Then say, its expired. Ask who i am with, I say them. Next thing I get a letter in the post saying sorry for your accident, which you have taken full responsibility for!!!!

Long story short. Went to the Garda and reported it. They did nothing. Damage to my car was assessed and came to E800. I got E300 into my hand from the guy, he was foriegn and brought the Roma mafia when I went to give him the quote!!!

Ended up having to get a friend to fix it. Still cost more than E300 as a bloody headlight was E270!! So I still ended up being pissed off, out of pocket myself and down on record as making a claim. All this from being parked in a car park!!!

May the force be with you!

Barr

Can you tell us why the third party is deneying liability or the circumstances around what happened.

Was there any witness to verify ur g/f version of events

Were there any pics taken at the scene

Did the gaurds see vehicles before they were moved , are they willing to give an opinion?

Any of the above should expediate the claim