RTA Claim

dizbo

Hi all

Was rear ended (probably about 30kph) in May 2018. At the time of accident it was just the rear bumper that was damaged (that I could see). A week later needed to top up coolant. Didn’t think anything of it. But a week later I needed to top up again. Looked around and the internal radiator was leaking and had a nice puddle under the drivers mat. The shift made something loose and started the leak. Car has been off the road ever since as I can’t drive it while it’s leaking coolant in the car.

Was confirmed my other parties insurance assessor that it was more than likely cause by the hit. Also confirmed by my own assessor.

Also with the crash I hurt my ankles (bracing for the impact) and my pelvis. Few days later my knees started at me. Still (18 months later there are certain times I feel I can’t put weight or that they will give way under me)

Got a solicitor from claims.ie as insurance company was taking forever to get back to me about things. Was nearly a year I think before it went to the PIAB as was focusing on getting the car back on the road. Other parties insurance company or solicitor or however it works declined the assessment and supposedly proceedings are starting to go to court.

The last I heard from my solicitor is September. Haven’t heard anything since and no replies to my emails. I don’t know where I stand.

I have since moved house and have had to start paying a storage fee for the car €100 a month as I have no room at the current property.

What should I do. How long more am I to wait.

I haven’t even had a chance to talk compensation other anything so I don’t even know what my solicitor is looking for as I just wanted the car fixed and some
Compensation for the injuries to cover medical/physio.

Since June 2018 while the car was off the road I was lucky enough to have a motorbike which started using that up until October 19. If I didn’t have that I would have had no way to get to work as I couldn’t exactly go out and buy an other vehicle. i got really annoyed as my bike which was in prestige condition before having to use it everyday. Now I’ve added nearly 40k on my bike and it’s no where near the condition it was. I was eventually able to get an other vehicle in Oct last year and have been using that since.

ny advice on what to do with anything is gratefully appreciated. Just venting a bit as it’s starting to bug me now 18 months later and it’s not sorted, car isn’t fixed and going mouldy inside etc... bike no longer in good condition. Knees are sore (traumatic chondromalacia patella according to the specialist the solicitor sent me too) . Just everything.

Thanks in advance.

kirving

How have the insurance company not paid for the car repairs yet? Wouldn't that be entirely separate to the PIAB.

Are you following this up regularly at all?

I'm not doubting the cause or severity of your injuries, and I understand the need to use the motorbike as the car is off the road, but I can't see it helping your case.

It could easily be argued that if you can ride a bike, you're fine, and you need to use your knees and ankles.

dizbo

No. They offered to pay half the repair costs. So my solicitor said to leave it and claim for everything at once.

Been emailing regularly. More frequently over the last two months since I’ve had no update.

As for the motorcycling. I think it’s making my knees worse because of it. I’ve been to the doctor several times because of my knee.

Eggs For Dinner

Your solicitor should have been able to resolve the repair aspect long before now. Has he given you any logical reason why it is better to hold off? You won't be able to recover your storage fees or depreciation on your bike.

BattleCorp

OP, I've a couple of questions because things don't quite add up for me.

If you needed a car, why didn't you get your car fixed? You could have paid for it yourself and then claimed for it from the third party's insurance company. The reason I'm asking why you didn't get it fixed is because the damage to your car doesn't sound too bad, visually it was just a damaged bumper. I get it that there was coolant leaking into the car but that should be an easy enough thing to fix too, a loose pipe or fitting somewhere. Did you get the car examined in a garage and get a quote to get the car fixed?

You also stated that you injured your ankles etc. bracing for impact. Unusual to brace for an impact from behind. How did that happen?

Why are you paying fees to have the car stored? Do you not know someone with a driveway or somewhere else to store the car? It's madness to pay €100 per month storage fees.

Is your claim still with PIAB or have they issued a release?

dizbo

Eggs For Dinner wrote: »

Your solicitor should have been able to resolve the repair aspect long before now. Has he given you any logical reason why it is better to hold off? You won't be able to recover your storage fees or depreciation on your bike.

His response about the car was to hold off for the Injury claim

dizbo

BattleCorp wrote: »

OP, I've a couple of questions because things don't quite add up for me.

If you needed a car, why didn't you get your car fixed? You could have paid for it yourself and then claimed for it from the third party's insurance company. The reason I'm asking why you didn't get it fixed is because the damage to your car doesn't sound too bad, visually it was just a damaged bumper. I get it that there was coolant leaking into the car but that should be an easy enough thing to fix too, a loose pipe or fitting somewhere. Did you get the car examined in a garage and get a quote to get the car fixed?

You also stated that you injured your ankles etc. bracing for impact. Unusual to brace for an impact from behind. How did that happen?

Why are you paying fees to have the car stored? Do you not know someone with a driveway or somewhere else to store the car? It's madness to pay €100 per month storage fees.

Is your claim still with PIAB or have they issued a release?

Why didn’t I get it fixed. The cost of repair is over €1200 and that was an estimate as it’s a whole day taking the dash out. I don’t have €1200. I had two separate estimates and both came in at at least €1200.

I braced as I saw her coming towards me while I was stopped. I jammed on the brakes so I didn’t hit the car in front of me.

And no. I don’t know anyone that has a spare driveway. It was fine up until September when my landlord sold the house we where in for last 4 years almost. Had loads of space there so it never bothered me being parked up. We had to move back home with the rent prices so no space there. And I don’t really know anyone else in the area so i had to rent a shed for my motorbikes in one place and a car space for the car in an other.

I ain’t trying to con anyone here. Trust me. I’ve just wanted the car fixed from day one and then worry about anything else after that. As I’ve said. My solicitor hasn’t even told me what exactly he’s claiming for even so I don’t even know what’s going on. I’ve never had to claim on someone before so I’m new to all this. Only thing I’ve claimed on in the past is my own insurance when someone ran the wife off the road and drove on. That was sorted in about two months. Didn’t even claim for injuries just the damage.

Also I was advised (before I got a solicitor) by the other insurance company not to touch the car. I was going to attempt to fix it myself and they said not to touch it.

randomrb

I know this is not what you want to hear at this stage but that is why you don't get a solicitor through claims.ie The solicitors through that operate by getting as many claims as possible and only working on the ones they are sure they can win. They do the bare minimum on the rest

dizbo

randomrb wrote: »

I know this is not what you want to hear at this stage but that is why you don't get a solicitor through claims.ie The solicitors through that operate by getting as many claims as possible and only working on the ones they are sure they can win. They do the bare minimum on the rest

Hmmm. Didn’t know that. Looked like a proper site. I just typed in how to make claims etc.... and it was the first or second link (excluding the ad ones)

Salary Negotiator

I feel your pain OP, I was rear ended in mid 2018 and paid over €3K to get my car fixed and I'm still waiting to get that money back.

I was hit by more than 1 vehicle though which has complicated things as, according to my solicitor, liability is being disputed among the insurers behind me.

randomrb

dizbo wrote: »

Hmmm. Didn’t know that.

Unfortunately yes, no foal no fee sounds like a good deal but the more complex or risky your case is the more they will just do the bare minimum.

When was the PIAB assessment?

BattleCorp

dizbo wrote: »

Why didn’t I get it fixed. The cost of repair is over €1200 and that was an estimate as it’s a whole day taking the dash out. I don’t have €1200. I had two separate estimates and both came in at at least €1200.

Given that you are working, it's not a mad amount of money to gather together since 2018 but I don't know your personal circumstances so I'll cut you a break there.

I braced as I saw her coming towards me while I was stopped. I jammed on the brakes so I didn’t hit the car in front of me.

Fair enough.

And no. I don’t know anyone that has a spare driveway. It was fine up until September when my landlord sold the house we where in for last 4 years almost. Had loads of space there so it never bothered me being parked up. We had to move back home with the rent prices so no space there. And I don’t really know anyone else in the area so i had to rent a shed for my motorbikes in one place and a car space for the car in an other.

You have motorbikes (more than one) and can afford €100 per month to store your car and can also afford to rent another space for the motorbikes but can't scrape together €1200 in a year and a bit to fix your car. The break I cut you earlier has now been removed.

I ain’t trying to con anyone here. Trust me. I’ve just wanted the car fixed from day one and then worry about anything else after that. As I’ve said. My solicitor hasn’t even told me what exactly he’s claiming for even so I don’t even know what’s going on. I’ve never had to claim on someone before so I’m new to all this.

I'm not doubting the severity of your injuries or trying to imply that you are trying to con anybody. I just find it strange the way you dealt with the car issue.

Also I was advised (before I got a solicitor) by the other insurance company not to touch the car. I was going to attempt to fix it myself and they said not to touch it.

You were taking advice from the insurance company you are claiming against? Dude, you've been badly advised.

dizbo

Salary Negotiator wrote: »

I feel your pain OP, I was rear ended in mid 2018 and paid over €3K to get my car fixed and I'm still waiting to get that money back.

I was hit by more than 1 vehicle though which has complicated things as, according to my solicitor, liability is being disputed among the insurers behind me.

Sorry to hear. It’s a bloody pain. I was lucky enough to have an other vehicle at least so that’s why I didn’t mind waiting for the claim cause I thought it might have been a few months.

That was my thought when I saw her coming. She was too busy looking down (can only presume phone but could have been changing the station or anything) I didn’t want to hit the car in front so jammed on the brakes as I knew it would complicate things.

dizbo

randomrb wrote: »

Unfortunately yes, no foal no fee sounds like a good deal but the more complex or risky your case is the more they will just do the bare minimum.

When was the PIAB assessment?

It was august. This is what my solicitor said about it “ I have to issue legal proceedings as the insurers did not consent to PIAB involvement.”

dizbo

BattleCorp wrote: »

Given that you are working, it's not a mad amount of money to gather together since 2018 but I don't know your personal circumstances so I'll cut you a break there.

Fair enough.

You have motorbikes (more than one) and can afford €100 per month to store your car and can also afford to rent another space for the motorbikes but can't scrape together €1200 in a year and a bit to fix your car. The break I cut you earlier has now been removed.

I'm not doubting the severity of your injuries or trying to imply that you are trying to con anybody. I just find it strange the way you dealt with the car issue.

You were taking advice from the insurance company you are claiming against? Dude, you've been badly advised.

Motorbikes as in one is mine and one is my wife’s.

No I can’t afford it as we where on a strict budget as we are trying to clear down our outstanding loans to save for a mortgage. Now that we are living at the parents since September gone I have a bit of cash now (not paying rent, but just saving). it’s come this far and as I was advised not to get it fixed I bought a cheap run around there in October so I’m back in a car now at least rather than being on the bike.

If I’ve been badly advised how was I meant to know. As I said. Never been through this circumstance before so I was just doing what I was told.

randomrb

dizbo wrote: »

It was august. This is what my solicitor said about it “ I have to issue legal proceedings as the insurers did not consent to PIAB involvement.”

Thats not too long when it comes to Persomal injury cases. The next step should probably be an engineer to look at the car and another medical report done if that hasn't already happened.

Be prepared that if this is going to court it could be a few more years. I also agree with the above posters, you need to get the car fixed you could be a long time waiting

punisher5112

Mad to be told not to fix.

I've had to wait 3 years for one and just over 6 years for the other as the insurance company went bang....

Go to a indy get it repaired, keep estimate which I'm sure you sent to insurance company.

You need a better solicitor.

I've had a few crashes and I used a solicitor that was recommended and compared to one I used before that he is absolutely smashing at what he does.

Insurance company were disputing the crash, I had dash cam footage showing other driver at fault.
They had this and still disputed.

I got him on the case and was paid in full 2 weeks later.

dizbo

randomrb wrote: »

Thats not too long when it comes to Persomal injury cases. The next step should probably be an engineer to look at the car and another medical report done if that hasn't already happened.

Be prepared that if this is going to court it could be a few more years. I also agree with the above posters, you need to get the car fixed you could be a long time waiting

Have already had their assessor and my own assessor out august/September 2018

dizbo

punisher5112 wrote: »

Mad to be told not to fix.

I've had to wait 3 years for one and just over 6 years for the other as the insurance company went bang....

Go to a indy get it repaired, keep estimate which I'm sure you sent to insurance company.

You need a better solicitor.

I've had a few crashes and I used a solicitor that was recommended and compared to one I used before that he is absolutely smashing at what he does.

Insurance company were disputing the crash, I had dash cam footage showing other driver at fault.
They had this and still disputed.

I got him on the case and was paid in full 2 weeks later.

Again. New to all this. Can I change solicitors mid claim? What’s the procedure there? Do I need to go through everything again?

punisher5112

dizbo wrote: »

Again. New to all this. Can I change solicitors mid claim? What’s the procedure there? Do I need to go through everything again?

You would have to contact another to see would they take it on.

I'd first get onto them again though and ring and ring till you get an answer.

Voice your concerns.

If nothing changes then definitely look to change.

dizbo

punisher5112 wrote: »

You would have to contact another to see would they take it on.

I'd first get onto them again though and ring and ring till you get an answer.

Voice your concerns.

If nothing changes then definitely look to change.

Thanks for that. Wanna pm me a good solicitor for if I do have to change

randomrb

dizbo wrote: »

Thanks for that. Wanna pm me a good solicitor for if I do have to change

One thing to bear in mind is that you may have to pay fees to your current solicitor if you choose to change

dizbo

randomrb wrote: »

One thing to bear in mind is that you may have to pay fees to your current solicitor if you choose to change

Thanks. I’ll make sure to ask about that before I change.

BattleCorp

dizbo wrote: »

If I’ve been badly advised how was I meant to know. As I said. Never been through this circumstance before so I was just doing what I was told.

Am I correct in believing that you personally (not through your solicitor) were advised by the other insurance company (the defendant's insurance company) not to fix the car?

Given that you had engaged a solicitor at an early stage, I don't understand why the insurance company were communicating with you directly. If they advised your solicitor not to fix the car and your solicitor went along with that advice, that's very strange.

I'm also surprised seeing as the repair fees were only €1200 and liability doesn't seem to be an issue (you were hit from behind), I don't understand why the insurance didn't put that part of your claim to bed.

dizbo

BattleCorp wrote: »

Am I correct in believing that you personally (not through your solicitor) were advised by the other insurance company (the defendant's insurance company) not to fix the car?

Given that you had engaged a solicitor at an early stage, I don't understand why the insurance company were communicating with you directly. If they advised your solicitor not to fix the car and your solicitor went along with that advice, that's very strange.

I'm also surprised seeing as the repair fees were only €1200 and liability doesn't seem to be an issue (you were hit from behind), I don't understand why the insurance didn't put that part of your claim to bed.

They where dealing with me directly for about a month, when I wasn’t getting answers about getting my car fixed I then went the solicitor route.

BattleCorp

dizbo wrote: »

They where dealing with me directly for about a month, when I wasn’t getting answers about getting my car fixed I then went the solicitor route.

Can I ask, did your own solicitor agree that it was good advice not to put the car back on the road?

Because I would consider that to be poor advice if the circumstances are as you have said. The only way I would preserve the car would be if liability was an issue and the insurance companies wanted an engineering report on the car to help determine liability.

Anyway, best of luck with the personal injury.

dizbo

BattleCorp wrote: »

Can I ask, did your own solicitor agree that it was good advice not to put the car back on the road?

Because I would consider that to be poor advice if the circumstances are as you have said. The only way I would preserve the car would be if liability was an issue and the insurance companies wanted an engineering report on the car to help determine liability.

Anyway, best of luck with the personal injury.

I informed him what they said and he didn’t agree or disagree with what they said. Just noted it down. Have said to him several times I would like to get the car on the road ASAP but he hasn’t once suggested to get it fixed myself.

punisher5112

Get it fixed, keep receipts, take photos, keep estimate.

When everything is getting sorted you will be paid....

Only way you won't is if you sell the car.

Madness leaving it sitting up.

Salary Negotiator

punisher5112 wrote: »

Get it fixed, keep receipts, take photos, keep estimate.

When everything is getting sorted you will be paid....

Only way you won't is if you sell the car.

Madness leaving it sitting up.

This is what I did.

Got an estimate and submitted it to the insurance companies. An assessor was sent out to look at the car and agreed that it was not a write off and could be repaired.

I got it repaired at my own expense and I’m now waiting to be reimbursed.

It’s a pain in the hole as I could use the money now but I know I’ll get it eventually.

punisher5112

Salary Negotiator wrote: »

This is what I did.

Got an estimate and submitted it to the insurance companies. An assessor was sent out to look at the car and agreed that it was not a write off and could be repaired.

I got it repaired at my own expense and I’m now waiting to be reimbursed.

It’s a pain in the hole as I could use the money now but I know I’ll get it eventually.

But you said car is off the road since then and not fixed?

Salary Negotiator

punisher5112 wrote: »

But you said car is off the road since then and not fixed?

I never said that, think you’re confusing me with someone else.

punisher5112

Salary Negotiator wrote: »

I never said that, think you’re confusing me with someone else.

2018 to 2019 thought said you were told to leave it by insurance....

I'm lacking sleep so I'm very confused now

Salary Negotiator

punisher5112 wrote: »

2018 to 2019 thought said you were told to leave it by insurance....

I'm lacking sleep so I'm very confused now

That was the OP.

I hope you’re not driving anytime soon

punisher5112

Salary Negotiator wrote: »

That was the OP.

I hope you’re not driving anytime soon

Ok there is the mix up. I do apologise profusely....

No driving more left to do today.... My pockets hurt....

dizbo

punisher5112 wrote: »

Ok there is the mix up. I do apologise profusely....

No driving more left to do today.... My pockets hurt....

😂

dizbo

So rang today and got the usual. He’s busy right now but he said he will email you and let you know what’s happening.

This is literally the full email I received.

“ I have issued proceedings and am waiting for details from Aviva of who these are to be served on. ”

Wildly Boaring

dizbo wrote: »

So rang today and got the usual. He’s busy right now but he said he will email you and let you know what’s happening.

This is literally the full email I received.

“ I have issued proceedings and am waiting for details from Aviva of who these are to be served on. ”

Fix and sell the car OP.
You mustn't need it if not used in 18 months.
Paying to store a depreciating asset that's not in use is madness

Sono

OP did you look in your rear view mirror and see the other party coming fast and you braked or am I reading that wrong?

Sono

Wildly Boaring wrote: »

Fix and sell the car OP.
You mustn't need it if not used in 18 months.
Paying to store a depreciating asset that's not in use is madness

And not mitigating losses either, this money will not be reimbursed no matter what happens.

dizbo

Sono wrote: »

OP did you look in your rear view mirror and see the other party coming fast and you braked or am I reading that wrong?

That is correct.

Sono

dizbo wrote: »

That is correct.

Well I can see why this hasn’t been resolved. Better get your best suit ready for your day out in court.

dizbo

Does it make a difference that I saw it happening?

Sono

dizbo wrote: »

Does it make a difference that I saw it happening?

What do you mean?

All I am saying is if the other side have been told that you jammed on the brakes, their argument could be that you caused the accident, hence why this is dragging on for so long

dizbo

Just because you asked did I see her coming up behind me. Then you where saying better get your best suit out for court. It’s all good. Think I just misread it.

dizbo

Sono wrote: »

What do you mean?

All I am saying is if the other side have been told that you jammed on the brakes, their argument could be that you caused the accident, hence why this is dragging on for so long

I was stopped in traffic at temporary road works. Long line of traffic and we had previously been stopped. Moved on about 200 metres and stopped again. Only she decided not to 😝

Sono

Bit confused now did you brake for the roadworks or because of the fast driver coming behind you?

punisher5112

Sono wrote: »

Bit confused now did you brake for the roadworks or because of the fast driver coming behind you?

Traffic stopped again as it tends to do so.

I've braced as I noticed the van going to hit me as I was looking at my surroundings and I noticed they were not slowing down and I'd nowhere to go.

Sono

punisher5112 wrote: »

Traffic stopped again as it tends to do so.

I've braced as I noticed the van going to hit me as I was looking at my surroundings and I noticed they were not slowing down and I'd nowhere to go.

Were you involved in the same accident or what involvement do you have here?

dizbo

Sono wrote: »

Were you involved in the same accident or what involvement do you have here?

Lol. No. I stopped because the traffic in front of me stopped. Punisher is saying he was in a similar situation

Sono

I can see why this hasn’t been resolved a long time ago anyway, best of luck OP, you might update thread with developments?

dizbo

Yeah I’ll keep everyone updated. Not entirely sure why he can’t serve Aviva (her insurance company). But then I don’t know how it works.

I’ll keep everyone updated as I’m sure someone else will be left in the dark like me also.