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Insurance accident question

  • 16-05-2020 12:21am
    #1
    Registered Users Posts: 39


    Long story short,

    This lad pulled out in front of me at a crossroads and we collided luckily I had slowed off to let car in front turn left. The chap said he thought I was turning left aswell. Even though I had no indicators switched on. Damage to my car is probably €1000 give or take for grilles, respray bumper and new lights. Not bad damage atall really just few things cracked and stuff. Have to get it properly quoted tomorrow. Damage to his car he probably needs new door or maybe pulled into shape and resprayed. Nobody seriously hurt.

    Guards arrived and took statements and he admitted it was his fault.

    He wants to pay outside of insurance. I’m going to get a quote from a auto body place tomorrow.

    Should I notify my insurance company in the morning and let them know the story and just tell them he wants to pay out of his own pocket. What repercussions would follow by notifying them. Would it mean I have a pending claim on my file even if I never claim through his insurance?

    Basically I don’t want to be caught out if he decides not to pay as it’s too expensive and it’s too late for me to claim through the insurance or whatever as I never notified them. Also don’t want to have anything on file that will effect my insurance for next year.

    I’m trying my best for the chap and hope he can sort it himself as he’s only on the road a little while and is afraid of his insurance costs going through the roof for next year.

    Some advice is greatly appreciated


Comments

  • Registered Users, Registered Users 2 Posts: 25,482 ✭✭✭✭coylemj


    Please tell us that you got details of his insurance. Because the circumstances you described (admits it was his fault, wants to settle outside of his insurance) are often a smokescreen to hide the fact that the other guy has no insurance.


  • Registered Users Posts: 39 TheRacerboy5


    coylemj wrote: »
    Please tell us that you got details of his insurance. Because the circumstances you described (admits it was his fault, wants to settle outside of his insurance) are often a smokescreen to hide the fact that the other guy has no insurance.


    Yes I took a few photos and videos. Got all his details thankfully.


  • Registered Users, Registered Users 2 Posts: 535 ✭✭✭Zatoichi


    It's probably in your contract that you have to notify them. Because he admitted fault with the guards, does that stop him from later claiming against you for personal injury?


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Zatoichi wrote: »
    It's probably in your contract that you have to notify them. Because he admitted fault with the guards, does that stop him from later claiming against you for personal injury?

    It would be very unwise of you to not inform your insurance company. Absolutely no upside.


  • Registered Users, Registered Users 2 Posts: 2,999 ✭✭✭Eggs For Dinner


    Notify your insurers of the incident 'for record purposes'. You are obliged to under the terms of your policy. Do not cut the 3rd party any slack with the estimate you provide for your repairs in relation to where you get the work done or when you want to be paid.

    When you are sorted, inform your insurers and they will close their file. It will not affect any future premium with your insurer.


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  • Registered Users Posts: 39 TheRacerboy5


    Zatoichi wrote: »
    It's probably in your contract that you have to notify them. Because he admitted fault with the guards, does that stop him from later claiming against you for personal injury?

    Yes going to do that this morning just to be on the safe side. So basically it won’t be put as a pending claim or anything against my file.

    I’m not too sure on this either. I would presume that he can’t as he has admitted liability? I’m not exactly a wiz at insurance and first time I’ve ever personally had an accident.


  • Registered Users, Registered Users 2 Posts: 25,482 ✭✭✭✭coylemj


    Zatoichi wrote: »
    Because he admitted fault with the guards, does that stop him from later claiming against you for personal injury?

    Probably not. Any solicitor will tell hm that he could have been in a state of shock and admitted liability because he misinterpreted the circumstances of the accident.

    Witnesses (preferably other drivers or pedestrians, i.e. not someone in your car) on your side are far more important than the other guy admitting that it was his fault.

    I knocked a pedestrian down once in slow moving traffic. He ran out in front of me and a large van which which was beside me so I didn't see him coming. I phoned for an ambulance and the Gardai. He told the Garda that it was all his fault. Which it was. He was hauled of to St. Vincents in the ambulance and recovered. After a chat with a solicitor, he might have decided to claim anyway, except the van driver and the driver of the car behind me stayed at the scene and gave their details and their version of events to the motorbike cop. Case closed.


  • Registered Users, Registered Users 2 Posts: 2,999 ✭✭✭Eggs For Dinner


    Yes going to do that this morning just to be on the safe side. So basically it won’t be put as a pending claim or anything against my file.

    It may well be kept pending, but it's nothing to be concerned about. Once you confirm the 3rd party has settled your damages, it will be closed off. Some insurers, such as AXA, won't keep it pending from the start


  • Registered Users, Registered Users 2 Posts: 2,999 ✭✭✭Eggs For Dinner


    coylemj wrote: »

    I knocked a pedestrian down once in slow moving traffic. He ran out in front of me and a large van which which was beside me so I didn't see him coming. I phoned for an ambulance and the Gardai. He told the Garda that it was all his fault. Which it was. He was hauled of to St. Vincents in the ambulance and recovered. After a chat with a solicitor, he might have decided to claim anyway, except the van driver and the driver of the car behind me stayed at the scene and gave their details and their version of events to the motorbike cop. Case closed.

    You obviously came across a decent individual. Witnesses, Gardai or not, the right solicitor would have got him a payout if he pursued it


  • Registered Users, Registered Users 2 Posts: 25,482 ✭✭✭✭coylemj


    You obviously came across a decent individual. Witnesses, Gardai or not, the right solicitor would have got him a payout if he pursued it

    Given that you work in the business, what you're effectively saying is that no case,
    (regardless of the lack of it's merits) will be turned down. And that there is a cheque waiting for every claim.


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  • Registered Users, Registered Users 2 Posts: 2,999 ✭✭✭Eggs For Dinner


    coylemj wrote: »
    Given that you work in the business, what you're effectively saying is that no case,
    (regardless of the lack of it's merits) will be turned down. And that there is a cheque waiting for every claim.

    I'm saying I've never seen a case where a vehicle hit a pedestrian and the motorist not be held accountable for a significant portion of liability and therefore a claim will be paid. It may be reduced because of contributory negligence, but it will result in a payout and a nice little earner for the legal profession


  • Registered Users, Registered Users 2 Posts: 25,482 ✭✭✭✭coylemj


    I'm saying I've never seen a case where a vehicle hit a pedestrian and the motorist not be held accountable for a significant portion of liability and therefore a claim will be paid.

    Have you never come across a case where the insurance company you work for said straight out: ‘fcuk right off, this case has no merit and we will fight it tooth and nail in order to establish that we will not cave in and write a cheque where our policyholder was 100% in the right’.

    Isn’t it in the long term interests of the insurance business and their policyholders that claims be aggressively contested where the claimant had a weak case? Rather than roll over and keep the ambulance chasers in business.


  • Registered Users, Registered Users 2 Posts: 2,999 ✭✭✭Eggs For Dinner


    coylemj wrote: »
    Have you never come across a case where the insurance company you work for said straight out: ‘fcuk right off, this case has no merit and we will fight it tooth and nail in order to establish that we will not cave in and write a cheque where our policyholder was 100% in the right’.

    Isn’t it in the long term interests of the insurance business and their policyholders that claims be aggressively contested where the claimant had a weak case? Rather than roll over and keep the ambulance chasers in business.

    Firstly, I don't work for an insurance company

    And yes, I have seen insurers take hard stances against claimants. It is a regular occurrence. However, that doesn't make the case go away. In this example, all a solicitor has to do is bring his pedestrian client before a judge and there will be a payday


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