Car accident

janisjoplin

Hi looking for some advice here please. I was involved in car accident last week, my car was damaged and have been out of work since it happened. The insurance company for the other driver admitted liability (I also have the same insurers as the other driver). They gave me a rental car whilst my own was to be fixed. The assessor rang me yesterday to inform me my car was a write off and told me the market value is, so my question is how long does it take for this mess to be sorted out and what about loss of tax and other stuff,? Any advice greatly appreciated

Sue Pa Key Pa

janisjoplin wrote: »

Hi looking for some advice here please. I was involved in car accident last week, my car was damaged and have been out of work since it happened. The insurance company for the other driver admitted liability (I also have the same insurers as the other driver). They gave me a rental car whilst my own was to be fixed. The assessor rang me yesterday to inform me my car was a write off and told me the market value is, so my question is how long does it take for this mess to be sorted out and what about loss of tax and other stuff,? Any advice greatly appreciated

It appears that liability has been admitted by the other side. If you're just looking for your car to be replaced, it will be very quick. If you are claiming for injuries, it will take a good while to conclude. Minimum 9 months if through the Injuries Board

janisjoplin

Sue Pa Key Pa wrote: »

It appears that liability has been admitted by the other side. If you're just looking for your car to be replaced, it will be very quick. If you are claiming for injuries, it will take a good while to conclude. Minimum 9 months if through the Injuries Board

Ok thank you

Esel

janisjoplin wrote: »

... The assessor rang me yesterday to inform me my car was a write off and told me the market value is ...

Be aware that you can dispute their valuation if you feel it is too low.

janisjoplin

Esel wrote: »

Be aware that you can dispute their valuation if you feel it is too low.

I didn't know you could do this, I accepted the offer they made which was the market value on my car,as I'm just finding the whole experience stressful. Plus I am out of pocket regarding medical fees and loss of earnings,and I'm still.out of work and they then told me I cannot claim for these back until I go back to work and have up to date payslips which means more waiting around. Then I discovered also today I couldn't claim back for motor tax,I only put three months tax on my car at the start of this month and the insurance wouldn't reimburse me for that,even though the accident wasn't my fault and they admitted liability on the other drivers side.

Sue Pa Key Pa

The market value would have taken the unused tax in to account in the overall figure. With regard to loss of your wages, they will settle this when it is quantified when you return to work. They will not make interim payments as it needs to take your income tax situation into account.

ebbsy

Get a solicitor.

janisjoplin

Sue Pa Key Pa wrote: »

The market value would have taken the unused tax in to account in the overall figure. With regard to loss of your wages, they will settle this when it is quantified when you return to work. They will not make interim payments as it needs to take your income tax situation into account.

Oh right,thank you very much for explaining it all to me. I thankfully have never had an accident before and trying to get answers from the insurance company can be a nightmare,thanks again

Sue Pa Key Pa

janisjoplin wrote:

Oh right,thank you very much for explaining it all to me. I thankfully have never had an accident before and trying to get answers from the insurance company can be a nightmare,thanks again

If the insurer is acting fair, as appears to be the case here, there generally is no need for a solicitor. However, it can be daunting if you are unsure of how the system works and what your rights are. To ease you from any stress, I would get a solicitor as suggested in this instance

WestWicklow1

You can reclaim the remaining motor tax on production of a certificate of destruction.

WestWicklow1

The last offer I got from a motor assessor of the market value, was contested by me and the value was increased eventually by 50% !!!!

I kid you not....

janisjoplin

WestWicklow1 wrote: »

You can reclaim the remaining motor tax on production of a certificate of destruction.

I looked into this but because I have used a week of my three month tax I cannot get the tax back,I would if I had paid six months or more tax unfortunately

janisjoplin

WestWicklow1 wrote: »

The last offer I got from a motor assessor of the market value, was contested by me and the value was increased eventually by 50% !!!!

I kid you not....

Really I agreed to the market value price that they offered as I just want an end to the whole thing to be honest, my main worry is getting my losses and that but the previous poster has explained to me that I will eventually. So just have to be patient

Seth Brundle

WestWicklow1 wrote: »

You can reclaim the remaining motor tax on production of a certificate of destruction.

...if the insurance company give/sell the OP the car (usually for it's scrap value) as they effectively will own the car after the payout.

Sue Pa Key Pa

WestWicklow1 wrote:

You can reclaim the remaining motor tax on production of a certificate of destruction.

The OP's vehicle could be an economic write off and won't be destroyed, so no tax refund would apply in those circumstances but for a full write off it is an option alright

WestWicklow1

kbannon wrote: »

...if the insurance company give/sell the OP the car (usually for it's scrap value) as they effectively will own the car after the payout.

My car was written off. The insurance paid out. They owned the scrap.

I got the road tax refund.

NUTLEY BOY

It might be just worth mentioning for general information that the damage to the car and the associated losses are a different right of action to the personal injuries claim.

I mention this because I have encountered some insurers trying to hold back settlement of the property damage claim as an incentive to press the claimant to conclude the personal injuries claim promptly as an inclusive deal.

If that ever happens (and especially if you are a winner on liability) I always suggest to people that they simply issue or threaten District Court proceedings to deal with the property damage aspect of matters only. You can present the personal injuries claim separately.

janisjoplin

Just another quick question for every one. I received an email from the insurers earlier today saying I have agreed to the figure offered (the market value of my car)and the sum will be sent to my bank account and that is full and final payment of the claim. What does this mean regarding claiming back for medical expenses and loss of earnings?can I still claim for that. I have no interest to be honest in taking a personal claim,I suffered tissue damage to my shoulder and was just glad I wasn't more seriously injured and want the whole thing sorted out asap

NUTLEY BOY

janisjoplin wrote: »

Just another quick question for every one. I received an email from the insurers earlier today saying I have agreed to the figure offered (the market value of my car)and the sum will be sent to my bank account and that is full and final payment of the claim. What does this mean regarding claiming back for medical expenses and loss of earnings?can I still claim for that. I have no interest to be honest in taking a personal claim,I suffered tissue damage to my shoulder and was just glad I wasn't more seriously injured and want the whole thing sorted out asap

If you accept payment of the material damage claim on the basis of a full and final settlement you might effectively exclude yourself from seeking to recover damages for injuries including medical expenses at a later date.

You need to reserve your position in relation to the personal injuries issue. I understand what you have said but you must not surrender this particular right at present.

I would write back to the insurers along these lines ;

I refer to your e-mail of XXYYZZ indicating settlement in the sum of €XYZ and that this is in full and final settlement. Please note that I am only agreeing to settlement in respect of the material damage aspect of this matter. I hereby reserve my position in relation to the matter of a personal injuries claim and associated losses. The material damage settlement is agreed strictly without prejudice to my right to pursue the issue of a personal injuries claim which is, of course, a separate right of action.

janisjoplin

NUTLEY BOY wrote: »

If you accept payment of the material damage claim on the basis of a full and final settlement you might effectively exclude yourself from seeking to recover damages for injuries including medical expenses at a later date.

You need to reserve your position in relation to the personal injuries issue. I understand what you have said but you must not surrender this particular right at present.

I would write back to the insurers along these lines ;

I refer to your e-mail of XXYYZZ indicating settlement in the sum of €XYZ and that this is in full and final settlement. Please note that I am only agreeing to settlement in respect of the material damage aspect of this matter. I hereby reserve my position in relation to the matter of a personal injuries claim and associated losses. The material damage settlement is agreed strictly without prejudice to my right to pursue the issue of a personal injuries claim which is, of course, a separate right of action.

Thank you very much for your advice,I'll email them back now