Other driver now not admitting liability for crash

Eggs For Dinner

Firstly OP, any party admitting liability at the scene carries no weight. As mentioned before, each party is deemed to be in shock and neither is considered to be expert enough on establishing likability.

If you have comprehensive cover, let your insurer repair your vehicle and provide you with a courtesy vehicle. They will then try to recover their outlay from the 3rd party. Upon success, the claim is removed from your record. Liability will be decided on the proofs available e.g.Dashcam, locus of vehicles, witness statements, impact zones, Garda extract.

Leave your insurers to it. If they have sufficient proofs to secure recovery, they will not let it drop. Without these, they may make a decision to cut their losses. In short, the truth and what you can prove are often 2 different things

kirk.

I was thinking the same

Surely a policy can't be invalidated if you make an admission as you can be in shock at the time

An investigator rightly pointed out to me that you may incorrectly assume you were in the wrong

Eggs For Dinner

https://www.boards.ie/discussion/comment/120328620#Comment_120328620

No policy has ever been invalidated for admitting liability at the scene. Subsequent admission of liability without consent of your insurers will not be appreciated.

NUTLEY BOY

https://www.boards.ie/discussion/comment/120332325#Comment_120332325

To invoke that condition an insurer would probably need to establish that the policyholder's admission has prejudiced their position e.g. it has inhibited their ability to plead contributory negligence or to claim contribution from another party.

Mind you, somewhere back in the mists of time, I remember reading a decision from Gannon J [Irish HC] in which he ruled that conditions in insurance policies may be interpreted on a strict constructionalist approach.

NUTLEY BOY

https://www.boards.ie/discussion/comment/120325006#Comment_120325006

Agreed.

Irrespective of complaints it is actually the decision of the Gardai to prosecute or not and, if so, on what charge.

Marcusm

https://www.boards.ie/discussion/comment/120325794#Comment_120325794

The first-hand evidence provided by the person with whom he collided is not hearsay. Likewise, the existence of skid marks and/or evidence of their own eyes from where the cars end up if they have not been moved.

A lack of willingness to prosecute is all too common as “it’s too much hassle”.