Not at fault, Which insurance to claim off?

DaveyDave

I've seen mixed reports regarding insurance claims recently and it's very confusing.

If I'm in an accident where I'm not at fault, which insurance company do I claim from? I understand I call mine to let them know of the accident and call the Gardai if someone is injured.

I've seen people saying to call my own insurance and they'll handle it, this is what I pay them for. Then I see people saying don't do this, the claim will be open on your account and might not be closed for a year or two, therefore effecting insurance quotes with other companies, tying me to the same insurer etc.

I've heard they'll pay for it then seek funds from the at fault insurer.

I've heard to call the at fault insurer to claim off then directly, but they'll fob me off etc.

What do to? Fortunately haven't been in an accident yet.

Seems very hit and miss, I'd like to think since I'm paying my insurer they'll do the leg work for me.

mgbgt1978

You are basically paying your Insurer to cover you against any Damages caused by yourself.
If you are involved in an accident that's your fault then they will cover the other party's costs.
If you are not the person at fault then it's the other party's insurer who is ultimately liable.

Anjobe

If you are in an accident where the other driver is at fault it is best to claim directly from their insurance, however the driver must admit liability for their insurance company to accept your claim.

Claiming on your own comprehensive insurance might be the quickest and easiest way to get your car back on the road, however you will have an open claim against you until your insurers have been recompensed. Also, you will have to pay the excess on your policy and then try to reclaim that back from the other driver's insurance. I did this once and my insurer provided a solicitor to assist with reclaiming the excess, but it took over a year IIRC.

L1011

Claim off the at fault drivers insurance unless they absolutely blank you. Zurich wouldn't talk to me in a 100%, admitted situation but one phonecall to them from Quinn (this is ancient history) and I had the car repaired within three days and a rental provided.

Quinn were surprised I had even called them and made me fill out a full accident report annoyingly but it got it resolved. No increase in premiums.

Kenny Logins

Anjobe wrote: »

If you are in an accident where the other driver is at fault it is best to claim directly from their insurance, however the driver must admit liability for their insurance company to accept your claim.

Claiming on your own comprehensive insurance might be the quickest and easiest way to get your car back on the road, however you will have an open claim against you until your insurers have been recompensed. Also, you will have to pay the excess on your policy and then try to reclaim that back from the other driver's insurance. I did this once and my insurer provided a solicitor to assist with reclaiming the excess, but it took over a year IIRC.

They don't have to admit liability. In my case the other driver denied liability so we both had to state our cases and it went in my favour. My insurer was notified only, and closed the file when the other company accepted my claim.

Anjobe

Kenny Logins wrote: »

They don't have to admit liability. In my case the other driver denied liability so we both had to state our cases and it went in my favour. My insurer was notified only, and closed the file when the other company accepted my claim.

How long did it take, did you have fully comp?

mgbgt1978

Anjobe wrote: »

If you are in an accident where the other driver is at fault it is best to claim directly from their insurance, however the driver must admit liability for their insurance company to accept your claim.

Claiming on your own comprehensive insurance might be the quickest and easiest way to get your car back on the road, however you will have an open claim against you until your insurers have been recompensed. Also, you will have to pay the excess on your policy and then try to reclaim that back from the other driver's insurance. I did this once and my insurer provided a solicitor to assist with reclaiming the excess, but it took over a year IIRC.

Sorry, but that part is wrong. All insurers state in their T&C's that they are fully entitled to settle any claims made against them without even informing their client.
If an injured party was to try and 'go it alone' against them they will strongly claim that they cannot do anything without their client's agreement.....once a solicitor gets involved that argument usually seems to disappear .

GM228

mgbgt1978 wrote: »

Sorry, but that part is wrong. All insurers state in their T&C's that they are fully entitled to settle any claims made against them without even informing their client.
If an injured party was to try and 'go it alone' against them they will strongly claim that they cannot do anything without their client's agreement.....once a solicitor gets involved that argument usually seems to disappear .

Yes they can settle, however they must inform you of the outcome of the claim at the time in writing detailing the settlement and how it may affect you in the future. It is a very specific requirement of the Consumer Protection Code 2012.

mgbgt1978

To be more specific....an insurer can, and will, settle a claim without informing their client of their intention to do so.
What they are obliged to do after this is another matter. I was really pointing out that a claim can be settled without the insured's consent.

Kenny Logins

Anjobe wrote: »

How long did it take, did you have fully comp?

Over 6 months, but only when I accepted a lower estimate to speed things up. Fully comp, yeah, but that's not relevant as I didn't even consider claiming on my own policy.

Eggs For Dinner

mgbgt1978 wrote:

To be more specific....an insurer can, and will, settle a claim without informing their client of their intention to do so. What they are obliged to do after this is another matter. I was really pointing out that a claim can be settled without the insured's consent.

Your insurer must inform you when a decision on liability is made and when any payment is made. It is true to say that every insurance policy allows an insurer settle a claim as it deems appropriate

DaveyDave

So basically after a crash, check their insurance in the window and give them a call.

If they're blanking me, do I get a solicitor or call my insurance?

What if I need a hire car? Would I have to pay for that then claim it back from their insurer?

coylemj

DaveyDave wrote: »

So basically after a crash, check their insurance in the window and give them a call.

Yes. Even if the other guy pleads that he will 'take care of it' because he doesn't want to lose his no-claims bonus, you still need to get his insurance details. Otherwise you may find that he changes his mind about admitting liability the next day, especially if you took his word and didn't bother to note the details off his insurance disk.

DaveyDave wrote: »

If they're blanking me, do I get a solicitor or call my insurance?

Initially neither, contact his insurance first. You have no business informing your own insurance unless you have fully comp. If someone else is to blame, your insurance will not get involved and you shouldn't get them involved because if you do and your renewal is up in a few weeks time, you will get hammered because they will decide that there is a pending claim.

DaveyDave wrote: »

What if I need a hire car? Would I have to pay for that then claim it back from their insurer?

Yes, the other side is unlikely to pay it upfront as it would be a tacit admission of liability. Whether they will eventually pay it is another matter.

Eggs For Dinner

You are obliged under the terms of your policy to notify your insurers of any incident, regardless of whether you consider the other party to be at fault or not. Breach this condition at your own risk, it often end bad

galwaytt

mgbgt1978 wrote: »

Sorry, but that part is wrong. All insurers state in their T&C's that they are fully entitled to settle any claims made against them without even informing their client.
If an injured party was to try and 'go it alone' against them they will strongly claim that they cannot do anything without their client's agreement.....once a solicitor gets involved that argument usually seems to disappear .

....and if your own insurer who attempts to settle the case in disagreement with you, the client, don't be afraid to step in and take charge.

We had this in 2013 (iirc), and our insurers were trying to get us to 'settle' through them (even with other party admitting liability), and when we heard the numbers they were prepared to settle for (at a loss to us), we stepped in, said 'No', and closed the file with our insurer on it, and pursued the other party's insurer directly. With cheque in hand, we duly notified our insurer of the outcome - and hope they noticed the 100% better figure we got.

Whatever the T&C's say, I don't agree with handing over full control esp when then are happy to settle to suit them before their client.