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Tourist hit my car

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  • 30-01-2018 11:43pm
    #1
    Thestones
    Registered Users Posts: 255 ✭✭


    I was hit a few months back by a tourist driving a rental car, he was completely at fault driving in the wrong lane, apparently he gave a vague description of the incident but yet the rental company seem insistent on a claim against me! My insurance co have said they will not be paying out on this and advised company of this but they are not backing down so far. I'm quite sick of it now and when my renewal comes round it will affect my premium if this isn't closed out. I've been doing some research on the rental company and the amount of complaints I've found online against them is unbelievable, they seem like an unscrupulous company. Anyone any advice to offer how I should proceed? Or is it a case to let my insurance deal with it and not get involved? Should I be getting a solicitor?


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    #2
    coylemj
    Registered Users Posts: 25,455 ✭✭✭✭coylemj


    Your insurance company can simply leave the 'claim' open while refusing to pay it which as you say will affect your next renewal. This sounds like a stand-off with you caught in the middle. I think you need to get onto a solicitor and start the ball rolling about a claim by you against the rental company, that might make them see sense.

    Are you out of pocket on the damage to your car or was that sorted by fully comp. cover?


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    #3
    Thestones
    Registered Users Posts: 255 ✭✭Thestones


    coylemj wrote: »
    Your insurance company can simply leave the 'claim' open while refusing to pay it which as you say will affect your next renewal. This sounds like a stand-off with you caught in the middle. I think you need to get onto a solicitor and start the ball rolling about a claim by you against the rental company, that might make them see sense.

    Are you out of pocket on the damage to your car or was that sorted by fully comp. cover?

    My car amazingly didn't really take damage, very minor, his was lower and smaller than mine and the way he hit it tore up the metal work on that car but not mine. I haven't needed to repair at this point but I did get it accessed afterwards as worried about unseen damage, I have a quote for some minor scratches, I do have fully comp and my insurer said I'd have to claim off that if I want the car fixed and they would pursue other side for it but I don't want to claim off my policy for something that isn't my fault.
    My mistake was being too nice in the beginning, there was basically no visible damage so I thought I wouldn't bother claiming and then they put in a claim against me! Now I want them to pay as I feel they are a massive corporation trying to bully me.


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    #4
    Sue Pa Key Pa
    Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    It's not a question of your insurer leaving the claim open. They obviously agree with your version of events and have denied liability. However, if the other side persist with their claim, your insurer has to keep the file open and defend it. It may have to be decided in court or the 3rd party may realise they are at nothing and eventually give up.

    You should counter claim to support your stance


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    #5
    Thestones
    Registered Users Posts: 255 ✭✭Thestones


    Sue Pa Key Pa wrote: »
    It's not a question of your insurer leaving the claim open. They obviously agree with your version of events and have denied liability. However, if the other side persist with their claim, your insurer has to keep the file open and defend it. It may have to be decided in court or the 3rd party may realise they are at nothing and eventually give up.


    You should counter claim to support your stance

    Thanks for the reply. So what's the best way to counter claim? when I ask my insurer about claiming from them they never give me a straight answer, first they said I should contact them direct then said I'd have to claim from my policy so I'm confused by the whole thing!

    Just to add this rental company deal with their own claims, not their insurance company, I thought this seemed odd so you don't even have insurance co dealing with insurance co where communication might be better, I'm not sure what makes a rental company qualified to handle claims, surely that's what insurance claims handlers are for! All adds to the shadiness of this company.


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    #6
    Sue Pa Key Pa
    Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    If you claim for your own damages, your insurer has the right to pursue the 3rd party to recover their outlay from them. It stays as a claim on your policy until (if) they receive payment. There are specialist solicitors who offer a service to pursue a 3rd party in the first instance. They do all the work for you and don't charge a fee. They bill the 3rd party for their services. PM if you want a recommendation.

    It is not unusual for large organisations to have their own in-house insurance staff. They would be qualified and liaise with the Insurers providing the scheme policy


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    #7
    Thestones
    Registered Users Posts: 255 ✭✭Thestones


    Sue Pa Key Pa wrote: »
    If you claim for your own damages, your insurer has the right to pursue the 3rd party to recover their outlay from them. It stays as a claim on your policy until (if) they receive payment. There are specialist solicitors who offer a service to pursue a 3rd party in the first instance. They do all the work for you and don't charge a fee. They bill the 3rd party for their services. PM if you want a recommendation.

    It is not unusual for large organisations to have their own in-house insurance staff. They would be qualified and liaise with the Insurers providing the scheme policy

    Thank you, I've sent a pm.


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    #8
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    [QUOTE=Thestones;106002372 I haven't needed to repair at this point but I did get it accessed afterwards as worried about unseen damage, I have a quote for some minor scratches, I do have fully comp and my insurer said I'd have to claim off that if I want the car fixed and they would pursue other side for it but I don't want to claim off my policy for something that isn't my fault. [/QUOTE]

    No you don't have to claim off your insurance for the damage. Claim off the rental companies insurance.

    If you claim off your insurance i'd be afraid for you that your insurance company would see that as accepting blame and would settle with the other side. I've heard of this happening lately, so be careful.


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    #9
    Sue Pa Key Pa
    Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    daheff wrote: »
    No you don't have to claim off your insurance for the damage. Claim off the rental companies insurance.

    If you claim off your insurance i'd be afraid for you that your insurance company would see that as accepting blame and would settle with the other side. I've heard of this happening lately, so be careful.

    Nonsense. Insurers are well aware that claiming from a 3rd party can be a lengthy process and are happy for you to claim under your own policy and allow them attempt recovery from the 3rd party afterwards. In this case, the rental company is not admitting liability and holds the OP responsible.

    It's what you pay your premium for. Use your insurance policy or engage a specialist solicitor to represent you. You'll be at nothing trying to get them to change their position on your own.


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    #10
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    Sue Pa Key Pa wrote: »
    Nonsense. Insurers are well aware that claiming from a 3rd party can be a lengthy process and are happy for you to claim under your own policy and allow them attempt recovery from the 3rd party afterwards. In this case, the rental company is not admitting liability and holds the OP responsible.

    It's what you pay your premium for. Use your insurance policy or engage a specialist solicitor to represent you. You'll be at nothing trying to get them to change their position on your own.

    Absolutely not nonsense. Insurers are happy for you to claim, but then bump your premium to reflect it. Insurers want to keep their legal costs down. I'd guess in this case the legal costs to challenge would cost the insurer as much if not more than the damage.

    You pay your premium to cover you in the event of an accident. But to claim you are going to lose your no claims etc. It could be years before a claim is settled....thus costing you high premiums.


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    #11
    Sue Pa Key Pa
    Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    daheff wrote: »
    Absolutely not nonsense. Insurers are happy for you to claim, but then bump your premium to reflect it. Insurers want to keep their legal costs down. I'd guess in this case the legal costs to challenge would cost the insurer as much if not more than the damage.

    You pay your premium to cover you in the event of an accident. But to claim you are going to lose your no claims etc. It could be years before a claim is settled....thus costing you high premiums.

    In this instance, recovery would be undertaken by a specific section in the Insurers claims department. There are unlikely to be any legal fees involved, just the administration costs. Insurers take recovery very seriously. Why wouldn't they? If they have paid out on a claim where someone else is responsible, they will want their money back. If successful, your bonus is unaffected and any extra premium charged is refunded. Most insurers will even tag on your out of pocket expenses (not covered by your policy) to the recovery and send these on to you when received.

    Of course it stays as a claim on your record until/if they succeed, but if the weight of your insurer cannot get satisfaction from the 3rd party, what chance have you of doing it on your own directly in the 1st instance

    The problem arises when one party believes, or knows, they are 100% in the right but the facts cannot be PROVEN. A debate of he said, she said is going nowhere. This happens regularly with a huge number of accidents.


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    #12
    coylemj
    Registered Users Posts: 25,455 ✭✭✭✭coylemj


    Sue Pa Key Pa wrote: »
    Nonsense. Insurers are well aware that claiming from a 3rd party can be a lengthy process and are happy for you to claim under your own policy and allow them attempt recovery from the 3rd party afterwards. In this case, the rental company is not admitting liability and holds the OP responsible.

    +1 The issue here is that the OP has not lodged a claim against anyone and his own insurance company is simply refusing to pay the third party claim from the rental company so nothing is going to happen in the short term.

    I suspect that the rental company lodged a claim against the OP as a pre-emptive strike - getting their retaliation in first.

    I think what needs to happen is that the OP needs to lodge a claim to repair the damage to his own car and get paid for that by his own policy whereupon his insurance company will counter-claim against the rental company. That might get things moving.


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