Third party insurance not accepting liability

Padre_Pio

https://www.boards.ie/discussion/comment/122459086#Comment_122459086

One thing to say to the OP, never say to any insurance, or in court if it comes to it, that you know the roundabout is dangerous or poorly designed.

It puts more responsibility on you to be cautious on the roundabout.

mickdw

https://www.boards.ie/discussion/comment/122458327#Comment_122458327

Your car is in front and sitting perfectly within its lane. Her car being behind and changing lane would have to give way to you.

It could be a case that you drove at crazy speed versus the other driver and basically were overtaking her (whole remaining in your lane) but even so she was the one changing lanes as evidenced by the photo and must do so safely.

The position of the cars is an absolute slam dunk in my opinion. Very important photo you took.

I'd let the insurers at it. All should come out in your favour.

Avatar in the Post

https://www.boards.ie/discussion/comment/122459264#Comment_122459264

hopefully different ins companies!

endacl

https://www.boards.ie/discussion/comment/122459069#Comment_122459069

And a Time Machine?

Lenar3556

https://www.boards.ie/discussion/comment/122459163#Comment_122459163

You could certainly do that, and it is a common occurance.

But be aware that your insurance company will not necessarily represent your best interests. They will aim to settle the matter at the lowest cost and least risk to the insurer.

sherban

I didn’t take any phone numbers to anyone other then hers , didn’t know it will be so complicated .

based on this photos , her insurance said it’s not enough evidence …

Didn’t send them to my insurance because I’m afraid to make a claim , because if they can’t prove it was her fault , it might affect my no claim bonus , losing 3 years of my no claim even if it’s not my fault doesn’t sound good to me

sherban

no one else with her in the car , just posted few other photos

sherban

diferent yes

Whocare

https://www.boards.ie/discussion/comment/122459541#Comment_122459541

There playing hardball it obvious there in wrong you can see rub mark on golf tyre went turned into you as that did most of damage. If it was me solicitors letter to there insurance

I remember years ago my parked car was damaged but was on cctv anyway garda track them down got insurance details phone up there insurance got onto lovely girl told them what happened she was like no problem I contacted garda station just to confirm anyway few days later phone there insurance again a right sc_mbag of man on phone trying to Deny everything my customer he didn't hit it anyway . Day later phone them up again other lady on phone yes no problem were do want car to get fix

Whocare

This Proves wheels was turned went hit side of your car she was so st^pid I bet she thought she could go up airport road on outside lane . N plate and all on car she was clueless

CramCycle

https://www.boards.ie/discussion/comment/122459408#Comment_122459408

You are required to report it to them anyway, you can bring in a solicitor if you want but it won't actually do anything unless you are planning to sue them for personal injury. It could take time, money and inconvenience if they fight. Hopefully though, the other insurance company looks at the photo, she says something honest about her lane position, it is a no brainer. Presuming you are not looking for personal injury, just damages and costs born (rental while being repaired), then the insurance is the right way to go.

https://www.boards.ie/discussion/comment/122459522#Comment_122459522

You can't just contact her insurance and try to claim and not let your insurance know.

Obviously her insurance has said it's not enough evidence as they have to pay, this is why you let your insurance company deal with them

You need to immediately tell your insurance that you were hit and you are not making a claim (yet) but that you are trying to sort it out with her insurers rather than them doing it.

The damage to that car will cost way more than loosing you NCB. The premium should not skyrocket, it just means you will be tied to your current insurer for 5 years

sherban

did contacted my insurance right after incident , I’m on comprehensive so they did sent someone next day to inspect my car , just in case I want to make a claim , i was told that if i do claim with them I’ll send me back 3 years of my NCB . I don’t see that very good .. I rather fix it my self and take the loss .

https://www.boards.ie/discussion/comment/122460167#Comment_122460167

Good to hear you contacted them.

One of those doors is toast and needs to be fully replaced and the other is borderline repairable, even if you can get one from a scrapyard and have it resprayed etc you will still be talking probably 1500 quid to fix this damage.

The most economical option will be to just claim and stay with your current insurer. You pay insurance for a reason and it is unlikely your insurance premium will increase more than 1500 euro over the next 5 years because you make a claim on your policy.

Do you have NCB protection? If you do it's a no brainer to claim and even if you don't I still think it's the most economical option to claim

sherban

I have some sort of NCB protection , 1 claim = -3 years from my total years . The fact of paying for someone else’s mistake doesn’t sit right with me at all , but I guess it is what it is .

Nothing I can do about it

https://www.boards.ie/discussion/comment/122460328#Comment_122460328

Its bullshit. I was in a similar position earlier this year where this guy rolled back at traffic lights into my car.

I had no way to prove I didn't drive into him but he did the right thing and admitted he was at fault.

What did the other driver say to you? Did they even accept responsibility at the scene and apologise to you or did they try and blame you?

Seems like a particularly nasty individual to turn their car into the wrong lane and hit you and then not accept responsibility, unfortunate you happened to encounter an immoral scumbag like this

JohnC.

https://www.boards.ie/discussion/comment/122458812#Comment_122458812

It's not that clear cut to just say they don't attend. Frankly it probably depends on how busy they are or how the person on the phone is feeling that day. But they certainly can and do attend minor fender benders that I've seen even in the recent past while commuting.

https://www.boards.ie/discussion/comment/122460403#Comment_122460403

AFAIK they shouldn't attend unless someone is injured and if it's a minor fender bender there should be no traffic blocked.

You aren't supposed to call them for incidents like a fender bender, it's a waste of Garda resources.

Anyone who would call them in a situation clearly doesn't understand they have nothing to do with the result of an insurance claim for either side and them attending is a waste of time

sherban

She wasn’t talking at all , I told her we need to call insurance , she said ok , she tried to call but because was Saturday no one as there , so we exchange contacts . Them Monday she texted me letting me know she informed her insurance. That was it , after I caked my insurance , I give a call to her insurance just to check and I found out that she didn’t except liability, she told them she doesn’t know who’s at fault …. I was told from its open dispute and they will investigate and let me know. After few days I called them again to see what’s happening and they told me nothing it’s happening because they don’t have enough evidence .

Whocare

https://www.boards.ie/discussion/comment/122460419#Comment_122460419

They don't have have enough evidence it as clear as day she trying to go around the roundabout rub mark on just one side of tyre ie wheels were turned to right to go around the roundabout. Unreal your car in bits and there insurance is playing hard ball I never had much dealing with insurance but that just pure scum the way there playing it

Lenar3556

https://www.boards.ie/discussion/comment/122459751#Comment_122459751

There has been no suggestion of a personal injury. It’s material damage to the OP’s car. The OP has the option to sue them (most likely in the district court) to recover the costs of restoring the car to its pre accident condition.

User1998

https://www.boards.ie/discussion/comment/122460179#Comment_122460179

I do agree that OP should go the insurance route as there is still a chance that the other driver could be found at fault, and loosing a couple of years NCB isn’t the worst thing in the world.

But in my opinion €1500 is a bit much. I’d say closer to half that if your smart about it. Doesn’t seem to be a particularly new or expensive car so second hand parts should be cheap from Kilkock or the likes. Respray the two doors for €500 and a bit of labour for fitting the new door and you might get it sorted for €750 or so. I genuinely know a guy that would do it for half that again but any time I mention him on here it causes arguments😂

Bass Reeves

https://www.boards.ie/discussion/comment/122460896#Comment_122460896

TBH at any decent repair shop it will be 1500 euro. The disadvantage of going through your own insurance, it's harder to get devaluation paid on your car. As well insurance company may settke 50/50 as they both gain in the case of a double whammy.

Usually either stepback or fully protected NCB have claims of a certain minimum allowed.

Yes you are tied to them but nowadays you can compare the renewal quote with a new business quote and they cannot discriminate

Avatar in the Post

IF you are found not in the wrong, and you initially claim from your ins co your NCB will not be affected if the other party’s ins eventually pays 100% claim.

You should eventually win based on what you said.

Avatar in the Post

https://www.boards.ie/discussion/comment/122460417#Comment_122460417

The insurance companies will ask if the gardai attended the scene. If the gardai attend they will ask how the accident happened. Just after the crash someone is less likely to lie to the gardai if they were in the wrong. Especially at that stage the other person doesn’t know if you have a camera, what witnesses might say.

It’s one thing eventually lying to an ins company, another to the gardai.

https://www.boards.ie/discussion/comment/122460896#Comment_122460896

I agree it could be done cheaper but realistically your average Joe isn't going to go sourcing second hand parts and I don't know any body shop that would be arsed doing it either.

You then have the costs of pulling all the locks etc out of the door and refitting it. There are easier quicker turnaround jobs for body places to do than this to make money.

The absolute cheapest I could see any decent place doing it would be 1500 and it could be more dependent on whether they used a second hand door or not, if they weren't would be north of that

If for example all the inards of the door had to be swapped from the original door to a used door that's a pain in the ass job, easily 2 hours work in that alone