can i get a replacement car until repairs are completed or if it is deemed a right-of

quintus

Hi, I'm trying to get some information or maybe some legal pointers about the following.

A few days ago my partner was involved in a car accident where she was injured and is still in a great deal of pain. Hospital visits have been done, and solicitors have become involved with the accident claim.

The car she was driving is, according to her insurance company IS a right off, and we are awaiting the insurance companies decision as to what is to be done.

Since the accident we have been given a rental for a week, that week comes to an end tomorrow and my partner has NO vehicle to travel to work, public transport is out of the question as the distance and location are to great.

I'm seeking information about what we can do to demand that a replacement car is made available until my we have the financial means to purchase a replacement. i.e Insurance pay-out. The way it's stands now is, we are expected to return the rental in two days but nothing is resolved. We have not received any payment by the insurance company, we are in no financial position to replace the vehicle at the moment and public transport is not viable.

I would appreciate any positive suggestions as we are at our wits end. the job my partner has was a godsend after a lengthy period of unemployment.

FishOnABike

Was there another vehicle involved and has fault been admitted or determined ?

Is the insurance claim being made under your own comprehensive insurance policy or against another party under their third party cover?

quintus

Fault has been admitted by the person who rear ended me. Their is full comprehensive insurance on my vehicle.

Any period without a vehicle for getting to and from work may result in the loss of that job.

FishOnABike

You should be claiming from their insurance then. Your own comprehensive cover might have limits on the benefits.

The purpose of insurance is to ensure the injured party is not at a loss or in any worse position than if the incident had not happened. The other party's insurance should pay for a hire car for a reasonable time to allow you replace your written off car.

You need to mitigate any loss by replacing the car without undue delay but if they have not yet paid out the reasonable market value to replace your car they can hardly expect you to no longer need a rental car.

I know someone who was in a similar position. The other party's insurance co. tried to limit the length of time they would provide a rental car for, lowballed on the value of their written off car etc...  They stood their ground, got the rental car for longer and a reasonable valuation for their car and were satisfied with how things worked out in the end. A bit of hassle to deal with but didn't let themselves be taken for a fool.

It might speed up the insurance co. settling if their delaying keeps adding rental costs. I'd think a week to two weeks after they have paid for your old car as a reasonable period for rental.

It might also be worth pointing out to them that if your partner lost her job as a result of not having transport to get there, that would be a consequential loss that you would also be claiming for.

Liberty Insurance: Lisa K

Hi quintus, could you PM me your policy number so I can have a look into this for you. Thanks Lisa

quintus

I have been advised not to give a policy number in this message. The fact of the matter IS, the rental we have had since the accident is supposed to be returned by end of business today. This will leave us with NO vehicle and nothing has been resolved by the insurance company of the person who slammed into our car. My partner who uses the car will NOT be able to travel to work and because of this, they may lose that job. This will be a consequential loss. What I find interesting is the advise I'm getting here is completely different from what the I have been told every time I speak to the insurance company. Surely my partner is entitled to be place in exactly the same position were it not for the negligence of the third party.

FishOnABike

Time to get a solicitor to start dealing with the other person's insurance company.

If the rental car is being provided by the other person's insurance company it might be worth asking the rental company (in writing) to contanct the insurance company and extend the rental, explaining how critical access to transport is for your partner's work.

Send a similar letter to the other person's insurance company.

Phone the other person's insurance company and explain your circumstances. Keep a diary of any phone calls, noting date, time, who you spoke to and details of the conversation. Follow up any phone calls with a letter confirming what was said / agreed in the call and if you are not happy (e.g. Still refusing to provide a temporary rental pending settlement / replacement of your own car, undervaluation of your own car,...).

The other person's insurance company seemto be dragging their heels. A solcitor might be able to convince them of the sense of settling things quickly with the minimum of fuss or settling with added legal costs (and possibly added damages) if they continue to mess you about.

Meeeee79

Have you contacted the other parties insurance company?

FishOnABike

If you have to get a solicitor to stop the other person's insurance company from trying to act the maggot, that expense should also be added to the claim.

Liberty Insurance: Lisa K

Hi quintus, I can look into for you today if you wish, but unfortunately I am unable to check this for you without your policy details. Can I suggest that you don’t want to PM me your details that contact your claims handler who will be able to give you some advice. Thanks Lisa

quintus

FishOnABike wrote: »

Time to get a solicitor to start dealing with the other person's insurance company.

If the rental car is being provided by the other person's insurance company it might be worth asking the rental company (in writing) to contanct the insurance company and extend the rental, explaining how critical access to transport is for your partner's work.

Send a similar letter to the other person's insurance company.

Phone the other person's insurance company and explain your circumstances. Keep a diary of any phone calls, noting date, time, who you spoke to and details of the conversation. Follow up any phone calls with a letter confirming what was said / agreed in the call and if you are not happy (e.g. Still refusing to provide a temporary rental pending settlement / replacement of your own car, undervaluation of your own car,...).

The other person's insurance company seemto be dragging their heels. A solcitor might be able to convince them of the sense of settling things quickly with the minimum of fuss or settling with added legal costs (and possibly added damages) if they continue to mess you about.

Thanks for your responses. Much appreciated

quintus

FishOnABike wrote: »

If you have to get a solicitor to stop the other person's insurance company from trying to act the maggot, that expense should also be added to the claim.

Thanks for your replies.

Here's the situation as it stands now. In the three car pile up my partner was the car in the middle. The insurance company of the young person that ploughed into the rear of her are trying to imply, that because most of the damage appears to be on the front of the car my partner was driving, that she is to blame.
What they and their assessor have not taken into consideration is the following. The car that hit her from behind was 230kg heavier then her car, it is also fitted with a massive solid steel reinforcement bar under the plastic bumper cover. My partner had come to a complete stop behind the car in front. The car in front is a massive 294kg heavier then my partners car. The car my partner was driving has an entire weight of 995 kg and has NO solid steel reinforcement bar running the entire width of it's front, It has a specially designed crumple zone that did exactly what it was suppose to do in the event of a crash. Picture this... A stationary, light small car (995kg) being struck from behind at an undetermined speed by a car weighing 1185kg fitted with a massive reinforced front bumper. This propels the smaller lighter car forward (Kinetic energy... every action has an equal and opposite reaction) forcing it to collide with a car that is also stationary, and weighing in at 1249 kg and fitted with a massive impact repelling bumper also, with a solid steel reinforcement bar. This is what caused all the damage.
Is it possible you could give me information about where i can contact an independent crash assessor to review this.

scamalert

sounds very odd situation since you mention that are trying to imply, that because most of the damage appears to be on the front of the car my partner was driving, that she is to blame.

so if your partner was in the middle and got hit from behind it should be obvious that fault is whoever hit one into the back forced car to hit another in front,now unless first car that got hit are putting blame on your partner is seems messy,but that said photos and garda should of narrowed down that on the spot.

payouts usually take at least a weak once party at fault is known,now while it might be costly but thinking getting any car for sub 500e and putting that onto claim would be cheapest way,since if your partner would be pulled in situation where he/she might been also responsible for accident no one will cover private assessor,since your going behind your insurers back,thus any expenses you incur pursuing matter will pile up,if it gets dragged,as mentioned speak with liberty,since they would have rental fleet available and is your insurer at the end of the day.