RTA Claim

punisher5112

dizbo wrote: »

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

Yes exactly....

I'll be honest thought I've ran up the arse of 4 cars ....
Not my fault.

Last one was an A5 which turned into an A3.

Some were imo crash for cash and CCTV proved non fault from me.

BattleCorp

Sono wrote: »

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

It's not that complicated if the OP is telling the truth (and I've no reason to disbelieve him).

The OP is in traffic. The traffic stops in front of the OP. The OP must brake so that he doesn't run into the back of the car in front. The OP does indeed brake and stops before he hits the car in front. The person behind the OP didn't leave enough room between their vehicle and the OP's car (or whatever reason there may be) and therefore wasn't able to brake in time and ran into the OP.

In such a scenario, it's hard to see what the OP did wrong so it's hard to fathom why the insurance company is playing hardball on fixing the car.

I can understand why the insurance company might be slow to settle the personal injury part of the claim (they may have doubts about the OP's injuries etc.) but given that the liability appears to lie with the person who ran into the OP from behind, the car part should be cut and dried. It was only €1200 after all to fix the car.

dizbo

BattleCorp wrote: »

It's not that complicated if the OP is telling the truth (and I've no reason to disbelieve him).

The OP is in traffic. The traffic stops in front of the OP. The OP must brake so that he doesn't run into the back of the car in front. The OP does indeed brake and stops before he hits the car in front. The person behind the OP didn't leave enough room between their vehicle and the OP's car (or whatever reason there may be) and therefore wasn't able to brake in time and ran into the OP.

In such a scenario, it's hard to see what the OP did wrong so it's hard to fathom why the insurance company is playing hardball on fixing the car.

I can understand why the insurance company might be slow to settle the personal injury part of the claim (they may have doubts about the OP's injuries etc.) but given that the liability appears to lie with the person who ran into the OP from behind, the car part should be cut and dried. It was only €1200 after all to fix the car.

You’ve pretty much hit the nail on the head. All I’ve asked for is the car to be on the road from day one. Any injury claim can take as long as it wants/investigated to whatever degree. Just get the car back on the road first.

dizbo

My solicitor has finally given me the go ahead to just get my car fixed. So going to get it fixed and sell her up.

I’ll still keep everyone updated just in case anyone else comes across this.

He also stated that it can be an other 18 months unless they want to settle out of court.

punisher5112

Absolutely bizarre that you'd keep it that long and not fix and continue to use. There was no need to leave it sitting up.

If you got an estimate or repaired it that's enough.

dizbo

punisher5112 wrote: »

Absolutely bizarre that you'd keep it that long and not fix and continue to use. There was no need to leave it sitting up.

If you got an estimate or repaired it that's enough.

I was advised to not fix or touch it. That’s what I done.

punisher5112

dizbo wrote: »

I was advised to not fix or touch it. That’s what I done.

I know but that's crazy advice.

dizbo

punisher5112 wrote: »

I know but that's crazy advice.

Yup. Tell me about it. I only do what I’m told. Never had to do this before so I don’t know any different.

kennM

Hey dizbo,

My heart goes out to you, I wrote this a few years back, hope it's of help to you:
https://www.boards.ie/vbulletin/showthread.php?p=93328566

The process is INCREDIBLY unfair. The wronged person takes a kicking until the claim is settled. Out of pocket expenses, pain and suffering, hospital appointments, inconvenience, impact to sleep, impact on your family life etc. etc. etc. Been there have the badge, mug and t-shirt.

Skim read some of the comments and everything you've posted, for the most part advice is solid.

I too had the same frustration with my solicitor. Unfortunately the legal process around this for the most part is very slow and goes through periods of hectic activity and then nothing again. For me it got to the point that I would ring solicitor, got the usual line... at court, in meeting, etc. so I'd ask what time they'd be back at. So I started ringing twice per day and on about the third day I got a hold of him. Got a written apology and things changed then. I can understand their perspective also.

For me it took just over 4 years but got justice in the end. Have a good read of my post above and I truly hope it helps. Also be careful what you post online whilst claim is in flight, you can be sure claims handlers also keep an eye on these threads Just don't give out anything that could compromise anything. Hope it helps

dizbo

Thanks for the comment. Have been told by solicitor it will probably be an other 18 months or so.

I’ll have as good read when I get home later. Thank you

dizbo

Latest update as of March 2021 (almost 3 years now).

Solicitor “has served legal proceedings and awaits an appearance from the solitons instructed by the insurers”. So I’m presuming that means it’s been sent off to go to court?

I’m still not sure what exactly is happening, what the solicitor is looking for (money wise/damages). I haven’t even discussed compensation. All I know is we rejected the €600 odd they where giving towards fixing the car as it was less than half the cost it was to fix it and he is claiming for personal injury. For how much who knows. Just want it all gone at this stage.

By the way, I still have issues with my knees every now and again and have been trying to keep some form of log.

BattleCorp

dizbo wrote: »

By the way, I still have issues with my knees every now and again and have been trying to keep some form of log.

If you are having trouble with your knees still, you need to see your GP and mention this to your solicitor too. It's medical records that the courts are interested in, not personal logs. Your solicitor may want to send you to a specialist.

dizbo

BattleCorp wrote: »

If you are having trouble with your knees still, you need to see your GP and mention this to your solicitor too. It's medical records that the courts are interested in, not personal logs. Your solicitor may want to send you to a specialist.

Being honest with Covid I haven’t gone to the doctor at all. I just feel there is more serious stuff for doctors to have appointments for than me with a sore knee which he will probably just prescribe a paracetamol or something. Just don’t want to be taking up their time with mediocre issues.

BattleCorp

dizbo wrote: »

Being honest with Covid I haven’t gone to the doctor at all. I just feel there is more serious stuff for doctors to have appointments for than me with a sore knee which he will probably just prescribe a paracetamol or something. Just don’t want to be taking up their time with mediocre issues.

If I take you at your word, you are suffering for about three years now. It's not a mediocre issue. Get it seen to and treated, and let the solicitor know so this will then become part of your claim. Suffering in silence is no use when you are pursuing a personal injury claim.

Eggs For Dinner

If your health is suffering, you need to think about yourself first. Probably overhyped that Covid has resulted in all other medical issues taking a back seat.

punisher5112

Go get physio on it.

Keep receipts.

Best thing you will ever do and they can advise as to if they can help or not.

I've done it and at least can walk a lot better for it. Bad days still but much improved.

Please tell me you are using the car!!!! I certainly hope you aren't still paying storage or was that the plan.

You need to get onto your doctor and solicitor and make aware as mentioned above.
You really need to take care.

dizbo

punisher5112 wrote: »

Go get physio on it.

Keep receipts.

Best thing you will ever do and they can advise as to if they can help or not.

I've done it and at least can walk a lot better for it. Bad days still but much improved.

Think I’ll go down that route. Probably better option than the doctor

punisher5112

dizbo wrote: »

Think I’ll go down that route. Probably better option than the doctor

Have you sorted car? If not leaving it sitting is madness and payng storage

dizbo

punisher5112 wrote: »

Have you sorted car? If not leaving it sitting is madness and payng storage

Nope. It’s gone completely mouldy an all inside now too. I’ve got a little bit of room at the parents house so getting it delivered there and going to try sort it myself.

punisher5112

dizbo wrote: »

Nope. It’s gone completely mouldy an all inside now too. I’ve got a little bit of room at the parents house so getting it delivered there and going to try sort it myself.

I can't understand why you left it, get it fixed keep receipts and put these all to solicitor.

Madness leaving a good car to deteriorate like that.
If money is tight see can you get cu loan and drive it.
If you sell you most likely won't recoup any damages from the crash as they will want to know if you still have it.

dizbo

punisher5112 wrote: »

I can't understand why you left it, get it fixed keep receipts and put these all to solicitor.

Madness leaving a good car to deteriorate like that.
If money is tight see can you get cu loan and drive it.
If you sell you most likely won't recoup any damages from the crash as they will want to know if you still have it.

Honestly. I bought an other car for a few hundred which has done me so I haven’t been pushed about getting it fixed. It does annoy me but I thought it would have been settled after a year/18 months.

punisher5112

dizbo wrote: »

Honestly. I bought an other car for a few hundred which has done me so I haven’t been pushed about getting it fixed. It does annoy me but I thought it would have been settled after a year/18 months.

Remind me what is it, if not using fix and sell... Pure madness what way you have done it.

Makes no sense

dizbo

punisher5112 wrote: »

Remind me what is it, if not using fix and sell... Pure madness what way you have done it.

Makes no sense

Along with the rear bumper/brackets an internal heater matrix was damaged somehow. Broke some sort of seal. To repair it, it’s a full dash out.

punisher5112

dizbo wrote: »

Along with the rear bumper/brackets an internal heater matrix was damaged somehow. Broke some sort of seal. To repair it, it’s a full dash out.

Sell it on then if you ain't fix, the rear wouldn't bother me at all....

Car I have is smashed on both sides at front, it's driving so I'll keep her lit.

dizbo

punisher5112 wrote: »

Sell it on then if you ain't fix, the rear wouldn't bother me at all....

Car I have is smashed on both sides at front, it's driving so I'll keep her lit.

Yeah the rear doesn’t bother me. It’s actually only about €300 to get that fixed. The big part of the claim the day to two day labour to remove the dash. The garage even said to fix the actual damage wouldn’t even take 30 seconds. It’s literally just where it is you can’t access it without removing the dash.

I actually went over the other day and just unhooked the pipes (under the bonnet) and joined them together after a suggestion from someone recently and it’s done the job. But it’ll never get any heat inside the cabin as no water going trough the heater. So as I have it temporarily up and going I’m going to bring it over to the parents and start cleaning it up and get her gone.

Thought this would have been well settled by now. Surely your ones insurance is costing her a fortune too as there is an open case. You think she’d want it done too

BattleCorp

dizbo wrote: »

Think I’ll go down that route. Probably better option than the doctor

You should speak to your solicitor and get them to organise for you to see a consultant. They might be able to recommend a suitable consultant who can offer a prognosis and maybe advise on a treatment etc. Plus a consultant's report is viewed more favourably than a local physio, no disrespect meant to physios.

If you go years without getting physio and treatment and don't do anything about it, you will be asked to explain why you didn't try to mitigate your losses (by seeking prompt medical attention).

If you settle your claim and still have knee pain afterwards, then too bad. You only get one crack at getting compensation so if you agree and settle, and after that it turns out you need an operation on your knee, guess who isn't paying for it......the insurance company.

BattleCorp

dizbo wrote: »

Surely your ones insurance is costing her a fortune too as there is an open case. You think she’d want it done too

She has no say in what happens. It's her insurers who are running the show.

dizbo

BattleCorp wrote: »

She has no say in what happens. It's her insurers who are running the show.

But if it where me I’d be wanting them to close the case ASAP as with open insurance claims your insurance goes up etc.... or at least that’s what I thought as I had to claim on my own insurance a back in 2012 when someone ran my wife off the road and kept going. Was a nightmare getting renewals due to open case. Luckily that was sorted after 6 months. No injuries lucky enough other than a dislocated shoulder. And the cars axel was bent. But my insurance was due for renewal and they where massive cause of the open claim.

Wildly Boaring

But she has no control over closing it.

We had a claim last year.
Wife at fault.

Could not even get an update at times from insurer.
Just bland "We'll let you know when there's an update" or "it's with their insurer"

Of course she wants it closed. She is stuck with current insurers indefinitely and whatever premium they decide until it is.

I still cannot believe you have a depreciating asset sitting moulding away. Is your solicitor advising you at all? Can you not cut your losses and sell at this stage?

dizbo

Wildly Boaring wrote: »

But she has no control over closing it.

We had a claim last year.
Wife at fault.

Could not even get an update at times from insurer.
Just bland "We'll let you know when there's an update" or "it's with their insurer"

Of course she wants it closed. She is stuck with current insurers indefinitely and whatever premium they decide until it is.

I still cannot believe you have a depreciating asset sitting moulding away. Is your solicitor advising you at all? Can you not cut your losses and sell at this stage?

I’m going to start getting it ready to sell there now. I’m going to attempt to fix it myself. Have all the equipment to clean it and the machine so that’s a days work. Just waiting on a nice day to do it so the mould doesn’t bother me that much.

dizbo

dizbo wrote: »

I’m going to start getting it ready to sell there now. I’m going to attempt to fix it myself. Have all the equipment to clean it and the machine so that’s a days work. Just waiting on a nice day to do it so the mould doesn’t bother me that much.

Some pics.

Wildly Boaring

dizbo wrote: »

I’m going to start getting it ready to sell there now. I’m going to attempt to fix it myself. Have all the equipment to clean it and the machine so that’s a days work. Just waiting on a nice day to do it so the mould doesn’t bother me that much.

Good stuff
Unfortunately the insurance industry is stacked against us.

All you can do is be proactive.
I would consult solicitor regarding the injuries and treatment.
Doctors etc are empty these days and very happy to see people

dizbo

dizbo wrote: »

Some pics.

Not showing up on my phone so not sure if they attached correctly.

Wildly Boaring wrote: »

Good stuff
Unfortunately the insurance industry is stacked against us.

All you can do is be proactive.
I would consult solicitor regarding the injuries and treatment.
Doctors etc are empty these days and very happy to see people

Advice taken on board. Thanks all.

iwillhtfu

Parts of this story make no sense.

Why did the insurance agree to pay only half? they obviously thought you were partially responsible as usually being hit from behind is a cut and dried claim.

From what I've read you've left a car go to ruin because of a leak from what I can see you could've repaired. Also continued to pay a storage fee which I hope you have receipt of and wasn't a cash in hand job as you'll get nothing back without receipts.

You've also left an apparent limiting injury go untreated for three years. I'd have thought a motorbike would be more difficult to drive with the injuries your describe.

I've no reason to doubt you but looking at it as a whole it's hard not to wonder how truthful you're being.

dizbo

iwillhtfu wrote: »

Parts of this story make no sense.

Why did the insurance agree to pay only half? they obviously thought you were partially responsible as usually being hit from behind is a cut and dried claim.

From what I've read you've left a car go to ruin because of a leak from what I can see you could've repaired. Also continued to pay a storage fee which I hope you have receipt of and wasn't a cash in hand job as you'll get nothing back without receipts.

You've also left an apparent limiting injury go untreated for three years. I'd have thought a motorbike would be more difficult to drive with the injuries your describe.

I've no reason to doubt you but looking at it as a whole it's hard not to wonder how truthful you're being.

I can’t say why the insurance company only offered to pay half the cost. I just got the offer from the solicitor and I rejected as that wasn’t what is was going to cost to fix it and why should I be out of pocket. The other driver took full responsibility as she wasn’t paying attention. She herself actually worked at the time for an insurance company also so she knew she was in the wrong and took responsibility for it on the day.

As for the leak. It is a complete dashboard out job which I at the time was told not to touch and let the insurance deal with it. It has now come to the stage where I am sick of waiting and will attempt it myself. I do not have receipts for the storage and had after the previous thread struck a deal and the car was moved to an other yard after with no storage fees so I am no longer paying these.

The last time I was with a doctor was over a year and a half ago and was advised that I just have to give it time. I’m not a doctor. I don’t work in the health profession all I’ve done is what the doctor advised. Given it time. They are no where near as sore as they used to be but every now and again I do get a sharp stabbing pain. But I would say 90% of the time I no longer feel it.

punisher5112

If it's really bad inside get a valleter to do it, some even call out in vans. Local shop car park etc....

dizbo

punisher5112 wrote: »

If it's really bad inside get a valleter to do it, some even call out in vans. Local shop car park etc....

I bought a machine years ago. Always clean my own cars anyway so I’m used to it. Just never attempted anything gone this bad. It’s just one less cost for me to payout upfront. Not exactly making great money the last year so I’ll just do it myself.

Losty Dublin

iwillhtfu wrote: »

Parts of this story make no sense.

Why did the insurance agree to pay only half? they obviously thought you were partially responsible as usually being hit from behind is a cut and dried claim.

From what I've read you've left a car go to ruin because of a leak from what I can see you could've repaired. Also continued to pay a storage fee which I hope you have receipt of and wasn't a cash in hand job as you'll get nothing back without receipts.

You've also left an apparent limiting injury go untreated for three years. I'd have thought a motorbike would be more difficult to drive with the injuries your describe.

I've no reason to doubt you but looking at it as a whole it's hard not to wonder how truthful you're being.

From my read of things the OP seems to have gotten Insurance mixed up with Assurance and feels that they should just get the money paid up ahead of or regardless of any required remedies.

punisher5112

dizbo wrote: »

I bought a machine years ago. Always clean my own cars anyway so I’m used to it. Just never attempted anything gone this bad. It’s just one less cost for me to payout upfront. Not exactly making great money the last year so I’ll just do it myself.

Get micro fibre cloths, magic sponge, all purpose cleaner, just dampen enough to get heavy stuff off then use the machine, get dehumidifier packs for after so to help dry out.

dizbo

punisher5112 wrote: »

Get micro fibre cloths, magic sponge, all purpose cleaner, just dampen enough to get heavy stuff off then use the machine, get dehumidifier packs for after so to help dry out.

I was only thinking of getting a dehumidifier for it the other day. As there will be no heat in the car (due to me bypassing the heater matrix) I need something to dry it out. Sunshine and dehumidifier are the only options

dizbo

So an other update. Got the car uk and running. Cleaned up, repair work done (actually ended up being more for the rear bumper as old one couldnt be repaired. Metal but behind the bumper was actually damaged too which couldn’t be seen until the bumper was removed to paint. So cost me triple what I was expecting to pay.

Did the valeting myself so that cost me the materials and time (which I don’t really care about claiming on).

Car has since been sold. Got 15 month nct on her. Changed the pads all round (as old ones wherent working correctly after sitting up for 3 years) even though she passed the nct but wanted it right when selling as I would hope someone I bought a car off had it right too. So that’s one less thing to worry about.

Also had to sign an affidavit for discovery so looks like the case could be moving forward (will be 4 years this May).