Totally confused

Comerman · 13-11-2016 12:11pm #1

Can anyone shed some light on this please, the story is I was turning right into a supermarket on a solid white line and a car overtook me just as I was turning. Long story short, he rang his insurer to inform them of the accident and told them he would be paying the damages himself. The quote was €1200 but between us agreed to get it done for €800 (second hand parts etc.) He then refused saying he thought he'd get it for €500 so I said let the insurers handle it then.Assessors etc. looked at all the details and AXA agreed I was not liable in any way and informed FBD of their decision. Here's the confusing bit, AXA then closed the claim and advised me to pursue FBD myself. I emailed FBD and was told the claim is still open and I should speak to AXA. I eventually got to speak to AXA and they said FBD suggested we both settle our own repairs (I'd lose my NCB), I said no way I'm not liable and he already admitted that he was liable to me and FBD. I feel like I'm being shafted by both insurance companies and not being represented properly by AXA. Can anyone explain where it goes from here??

Skatedude · 13-11-2016 1:57pm

You cannot turn right over a solid white line,

Also he is not allowed to overtake on a solid white line. you were both at fault so that is probably why they advised you both to settle it yourselves.
You could contest it, but you will almost certainly end up paying more for hiked insurance premium and loss of no claims bonus.

NickNickleby · 13-11-2016 2:11pm

Skatedude wrote: »

You cannot turn right over a solid white line,

Also he is not allowed to overtake on a solid white line. you were both at fault so that is probably why they advised you both to settle it yourselves.
You could contest it, but you will almost certainly end up paying more for hiked insurance premium and loss of no claims bonus.

From the Rules of the Road
Single or double continuous white lines along the centre of the road
All traffic must keep to the left of the line (except in an emergency or for access).

I bolded that bit above. This is my recollection from my driving test all those years ago, and I hadn't heard it was changed, so looked it up on the RSA website.

As you were accessing a private area, ie not a public road, it would seem to me that you were not in breach of any regulation.

However, if Skatedude knows that I'm wrong, I'd gladly accept a rebuttal, as I wouldn't want to be done for something I thought was ok.

Cheers,
NN

NickNickleby · 13-11-2016 2:17pm

By the way, I'm confused as to who is insured with AXA and FBD.

My own approach would be to simply submit a claim to HIS insurance company. AS far as your own insurance is concerned, you simply notify them of the accident and that you're pursuing him/his insurance for damages.
Get a solicitor to write on your behalf. Perhaps you can do that without getting into a whole legal wrangle, so the cost of the letter should be manageable (in proportion to the amount of the claim) - but ask first!!:D

You tried to be nice, it didn't work.

cheers
NN

Sue Pa Key Pa · 13-11-2016 3:06pm

AXA, your insurer, has represented you perfectly well. They've reviewed the situation and consider you not to be liable, As you don't want to put a claim through on your own policy, they've closed their file. They will not pursue the 3rd party on your behalf unless they have paid your claim.

Your options are to fight the 3rd party on your own / with the aid of a solicitor or put through an own damage claim on your insurance and hope they recover their outlay

Comerman · 13-11-2016 4:52pm

Skatedude wrote: »

You cannot turn right over a solid white line,

Sorry skatedude it's a solid white line with two breaks at the entrance to the supermarket and there's no signs to say no right turn

Comerman · 13-11-2016 5:00pm

I jus felt that being insured with AXA they would "handle" the claim. The assessor/AXA and the third party fu.ker all agreed that I wasn't at fault so why would AXA advise me to settle it myself and then take my NCB away next year. Fu.ked if you do and fu.ked if you don't eh?

Sue Pa Key Pa · 13-11-2016 5:26pm

Comerman wrote: »

I jus felt that being insured with AXA they would "handle" the claim. The assessor/AXA and the third party fu.ker all agreed that I wasn't at fault so why would AXA advise me to settle it myself and then take my NCB away next year. Fu.ked if you do and fu.ked if you don't eh?

You have an incorrect understanding of the policy you have with your insurer. Your comprehensive policy means that they agree to pay you for any damage/loss of your vehicle and pay any 3rd party for damages, should you cause an accident. They never agree to be your advocate should you wish to pursue somebody and leave your policy out of it. If you claim, your NCB can be affected. Thet's why is is called a 'no claim' bonus

The 3rd party's insurer are representing their client as best they can. He's obviously changed his version of events and that's what they are going by. You need to get a solicitor to deal with this for you, either that or use the policy you paid for. They will be happy to honour your contract. The person who hit you, changing their story, is the root of your problem

Comerman · 13-11-2016 5:46pm

Thanks Sue Pa Key Pa. My options so are to pay for the repairs to my vehicle myself or get AXA to pay and suffer a hike on premium and lose my NCB OR follow it up through a solicitior. Either way even though It wasn't my fault I'm going to be out of pocket. Would you know if it's costly to go down the solicitor route? or if they would claim their costs off FBD??

Sue Pa Key Pa · 13-11-2016 5:53pm

Comerman wrote: »

Thanks Sue Pa Key Pa. My options so are to pay for the repairs to my vehicle myself or get AXA to pay and suffer a hike on premium and lose my NCB OR follow it up through a solicitior. Either way even though It wasn't my fault I'm going to be out of pocket. Would you know if it's costly to go down the solicitor route? or if they would claim their costs off FBD??

There are specialist solicitors, like Hussey Fraser, who will pursue the 3rd party directly on your behalf. They don't charge you a fee or take a cut of the claim. They bill the 3rd for their services (I'm not associated with them, but have used them)

Comerman · 13-11-2016 5:57pm

Thanks again, I'm in Kilkenny so I'll have a root round here and see who I can find.

Sue Pa Key Pa · 13-11-2016 6:16pm

Comerman wrote: »

Thanks again, I'm in Kilkenny so I'll have a root round here and see who I can find.

They cover the country and do it all over the phone. Very efficient little terriers, which is what you want

Comerman · 13-11-2016 6:19pm

I'll get onto them so

like NickNicklby said above I tried to be nice and it didn't work.

Skatedude · 14-11-2016 4:04am

Comerman wrote: »

Sorry skatedude it's a solid white line with two breaks at the entrance to the supermarket and there's no signs to say no right turn

In that case. you clear to turn into to the supermarket when safe to do so. I stand corrected.

Comerman · 14-11-2016 10:30am

I should of been clearer

NUTLEY BOY · 14-11-2016 1:15pm

That right turn should be alright as per S.I. No. 294/1964 - Road Traffic General Bye-Laws, 1964.

See byelaws 9, 10 and 11 on the subject of white lines.

Here is a link http://www.irishstatutebook.ie/eli/1964/si/294/made/en/print

Comerman · 14-11-2016 9:01pm

That's excellent NutleyBoy thanks.

galwaytt · 24-11-2016 6:03pm

Sue Pa Key Pa wrote: »

You have an incorrect understanding of the policy you have with your insurer. Your comprehensive policy means that they agree to pay you for any damage/loss of your vehicle and pay any 3rd party for damages, should you cause an accident. They never agree to be your advocate should you wish to pursue somebody and leave your policy out of it. If you claim, your NCB can be affected. Thet's why is is called a 'no claim' bonus

The 3rd party's insurer are representing their client as best they can. He's obviously changed his version of events and that's what they are going by. You need to get a solicitor to deal with this for you, either that or use the policy you paid for. They will be happy to honour your contract. The person who hit you, changing their story, is the root of your problem

Not quite, they may pay for your repairs, but, the other party being at fault they have to pursue them for the costs, and once that has been settled and the costs recouped, your NCB is restored and not affected.

For the duration of the claim being open, your NCB would be suspended, certainly.

Sue Pa Key Pa · 24-11-2016 7:45pm

galwaytt wrote: »

Not quite, they may pay for your repairs, but, the other party being at fault they have to pursue them for the costs, and once that has been settled and the costs recouped, your NCB is restored and not affected.

For the duration of the claim being open, your NCB would be suspended, certainly.

Read my post again

"They never agree to be your advocate should you wish to pursue somebody and leave your policy out of it. "

Obviously if they indemnify you they acquire subrogation rights

FishOnABike · 24-11-2016 8:40pm

Comerman wrote: »

I jus felt that being insured with AXA they would "handle" the claim. The assessor/AXA and the third party fu.ker all agreed that I wasn't at fault so why would AXA advise me to settle it myself and then take my NCB away next year. Fu.ked if you do and fu.ked if you don't eh?

Your best option, if the other party rolls back on their original agreement to pay for the damage to your car, is to make a claim against their insurance (FBD). It has nothing to do with your insurance.

If FBD low-ball the cost of repairs send them a copy of the estimate you have and insist they fully cover your loss (including a replacement car while yours is being repaired if necessary).

If the other party's insurance company is seriously underestimating your loss look at if it is worth engaging your own loss adjuster to deal with them.

Totally confused

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