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Open Claim

  • 09-07-2020 5:21pm
    #1
    Registered Users, Registered Users 2 Posts: 2,467 ✭✭✭


    Hi all,

    Not sure if this is the right place. But leads on from another thread I have open.

    Basically was in a collision with a cyclist a while back. He had right of way so I was liable. Nothing ever came of it but I rang my insurance the day after to let them know what had happened.

    I was asked would I like to claim for my car as I have comprehensive but there was no damage so said no.

    The cyclist also didnt want to claim at the time but the Garda on the scene took my details and the cyclists details and that was it.

    After telling my insurance company I was told that there was now an open claim on my account and this will stay for 2 years. Because of this I will lose my NCB and my insurance will go up by around 2,500 euro.

    The cyclist hasn't put in a claim yet as my insurance company are still trying to get his details through a Garda Abstract.

    My question is, should this be a claim on my insurance? I only rang them up as an "information only" gesture to let them know what had happened and that the cyclist may or may not claim down the line, I'm not sure.

    Im just not sure if this should be treated as a claim as my NCB is now gone and insurance sky rocketed.

    If it is then what will happen after the 2 years if no claim is made? Will I receive a lump sum back of the insurance I paid and will I get my NCB back also (including the NCB I should have gotten through the next 2 years).

    Any help would be appreciated!


Comments

  • Registered Users, Registered Users 2 Posts: 25,479 ✭✭✭✭coylemj


    The cyclist also didnt want to claim at the time but the Garda on the scene took my details and the cyclists details and that was it.

    If it was as minor an incident as your post suggests, why were the Gardai called? Was there any injury/damage to person or property?
    The cyclist hasn't put in a claim yet as my insurance company are still trying to get his details through a Garda Abstract.

    Did you not note his details at the time?


  • Registered Users, Registered Users 2 Posts: 2,467 ✭✭✭SweetCaliber


    coylemj wrote: »
    If it was as minor an incident as your post suggests, why were the Gardai called? Was there any injury/damage to person or property?



    Did you not note his details at the time?

    Apologies, he fell off and was a bit dazed as he had no helmet on, was taken to hospital as a precaution but was released soon after. Gardai were called as was suggested by onlookers. I was in a bit of shock so just went with it and called them. Was turning left myself so was doing about 15km at the time, he was coming up the road from the right.

    Never got details as Gardai were only around the corner at the time so were there nearly instantly and took over taking the details themselves.


  • Registered Users, Registered Users 2 Posts: 18,603 ✭✭✭✭_Brian


    He/she has a full 2 years from the day of the accident to enter a personal injury claim.

    You won’t know until after that of your are in the clear.


  • Registered Users, Registered Users 2 Posts: 2,467 ✭✭✭SweetCaliber


    That's what I was thinking it was, so I take it my insurance are keeping it open until those 2 years are up and then will close it? Providing the cyclist doesnt make a personal injury claim in the meantime.


  • Registered Users, Registered Users 2 Posts: 25,479 ✭✭✭✭coylemj


    That's what I was thinking it was, so I take it my insurance are keeping it open until those 2 years are up and then will close it? Providing the cyclist doesnt make a personal injury claim in the meantime.

    That's where it's at. You'll just have to sit it out.

    If your insurance company is still waiting for the Gardai to provide the cyclist's details, the same might be happening with the other side i.e. he might have gone to a solicitor who is similarly waiting for your details. Maybe the Garda didn't do his paperwork!


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  • Registered Users, Registered Users 2 Posts: 2,997 ✭✭✭Eggs For Dinner


    That's what I was thinking it was, so I take it my insurance are keeping it open until those 2 years are up and then will close it? Providing the cyclist doesnt make a personal injury claim in the meantime.

    Most insurers will close their file on the first anniversary of an incident, rather than the 2 years, if there has been no contact from the 3rd party


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