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RTA How long is the process?

  • 13-08-2022 11:03am
    #1
    Registered Users, Registered Users 2 Posts: 555 ✭✭✭


    Hi,

    I was involved in a RTA yesterday whereby I rear ended a car. It stopped just ahead of me and I braked by unfortunately I still hit the car. Everyone involved is OK thank god as that's the main thing. The other person was able to drive their car away but mine needed the recovery truck. I've never been involved in an accident before having driven for more than 20 years. In fairness to the other driver he was lovely, advised me to take pictures and contact my insurance to arrange the recovery truck and contacted AGS. I'm just wondering if anyone can advise how long the whole process takes? I'm aware it could be like asking how long is a piece of string 🤨 I have fully comp and I've emailed my claims handler this morning asking a few questions but just wanted to know the general consensus. Thanks.



Comments

  • Registered Users, Registered Users 2 Posts: 2,319 ✭✭✭Miscreant


    The whole process only took 4 weeks for me from beginning to end when I rear ended someone in 2015. That included getting both cars sorted and there were no injuries in the collision. The other party had their car written off as part of the claims process too but it all went smoothly. My car only needed a new headlight and bumper.... go figure!

    I know there are wide variations in timescales though, so it really is a "how long in a piece of string" question.



  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Whocare


    Personally I think there good chance of personally injury claim the way price of everything is going few extra thousands of euro would be nice for lot of people especially when you're car need towing away must be good impact. If was me it was almost rude not to claim 😳



  • Registered Users, Registered Users 2 Posts: 555 ✭✭✭laoisgem


    This made me laugh at first as it never even entered my head. The person I hit had 2 small children in the back of his car and to hear them crying broke my heart. I had my own 9 year old daughter in the back of my car and straight after the impact she jumped out of the car on the traffic side because the car filled with smoke, I hadn't even time to gather my thoughts about what had just occurred, just jumped out after her to grab her (she has ASD so could have literally ran into oncoming traffic). She was in a lot of pain last night from the seat belt and I'm sore all over today but given all of the above, the fact everyone got to walk away from it was a windfall in itself for me.



  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    The payout for a minor whiplash claim has now been cut to a level that most solicitors won't take them. Can't afford a barrister on what they get.



  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Whocare


    For sure but going by what op is saying this wasn't a minor impact I say other driver would have no problems getting a solicitor went he see pictures of damage to cars involved especially when there children in car too more claims make up rubbish like scared in car now always looking out back window ect 🤑🤑🤑



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  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Whocare


    Did Garda say anything about do you for driving without due care and attention. Usually thay don't till court summons come in post



  • Registered Users, Registered Users 2 Posts: 555 ✭✭✭laoisgem


    No not a thing, had very little in the line of conversation with them. The insurance kept me on the phone for 22 minutes, the other driver had even left before then. They said once everyone was ok they were only there to check that everything was in order paper wise with both cars & check licenses to make sure no was was disqualified or anything, there wasn't every a Breathalyzer done 🤷‍♀️



  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Whocare


    Yeah don't usually if Garda have ok attitude but if other driver go for personally injury claim solicitor push to get you done as better for pay out . and if Garda ask you go to Garda station for statment don't go without solicitor



  • Registered Users, Registered Users 2 Posts: 3,055 ✭✭✭Eggs For Dinner


    If an injury claim is lodged on behalf of the children, you can expect a very long process. When minors are involved, there is a higher onus to establish if there will be long term effects



  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    OP rear ended another car. I seriously doubt that his being prosecuted for careless driving will materially affect the question of liability. What I mean is that the other party's solicitor would have to be very mean-spirited to push for a prosecution since it's pretty much an open and shut case as to who is liable.

    And it might backfire as a tactic because the civil end of things would have to take a backseat if there was a pending prosecution. So if the other party and the OP's insurance can't agree on a settlement, they can't move forward with a civil action in the courts until the prosecution (and a possible appeal to the Circuit Court) are finished. All of which could add up to two years to the process.



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  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Whocare


    I can only give my opinion of what happened to family member .if garda ask op to give a statement of what happened and say the wrong things it will make it worser that why you need a solicitor you could easily be done for dangerous driving instead of careless



  • Registered Users, Registered Users 2 Posts: 7,035 ✭✭✭zg3409


    Firstly your daughter might want to sue yourself (the driver) if she has permanent or long term injuries, physical or mental.

    Often this is done by parent making a claim on behalf of daughter to insurance.

    Secondly there is now an outstanding claim on your policy. When is the policy renewal date? When you go to renew if everything is not fully closed then you will not be able to switch insurer and your quote goes through the roof.


    It sounds like you admitted fault to gardai and insurer. Gardai can bring you to court months later, they often don't tell you to your face, collect your statement and then bring you to court as they have targets to meet.


    What are you doing for a car now? Often insurers may only supply a hire car for a certain limited number of days. You need to put a realistic/high value on your own car and haggle with insurer to get a car value payout so you can get on the road again.

    Now comes in the other car. Do you have all their insurer details? Do you have a phone number for the other driver? Presumably they will need to get a quote for repairs, and often even minor damage can means thousands and car written off. It may take a few weeks for this to happen. They then need to haggle with your insurer. Some of the people in the car may have bruises, back pain, and physiological damage.

    So best case 4 weeks but as this is probably messy probably 8 weeks to years.

    Firstly get money for a replacement car asap so you can get back on the road. Keep hassling insurer. Beware they will try give you less than you need to buy equivalent car from a reputable dealer with warranty.



  • Moderators, Motoring & Transport Moderators, Sports Moderators Posts: 724 CMod ✭✭✭✭LIGHTNING


    "Gardai can bring you to court months later, they often don't tell you to your face, collect your statement and then bring you to court as they have targets to meet"

    Source of that claim?



  • Registered Users, Registered Users 2 Posts: 7,035 ✭✭✭zg3409


    Happened to me. Smiles to face, go on ahead, then summons.



  • Moderators, Motoring & Transport Moderators, Sports Moderators Posts: 724 CMod ✭✭✭✭LIGHTNING




  • Registered Users, Registered Users 2 Posts: 7,035 ✭✭✭zg3409


    Do you think I am lying? No other vehicle was involved and less serious than this case being discussed. Actually told me to my face it would not be pursued and then a summons to appear in court later. It was more an accident that negligent driving and there were mitigating circumstances. They told me that was the end of it. In the end I showed up to court and they did not. I had to pay a solicitor as I needed my licence to travel constantly for work. Even insurers don't recommend to give statements to other driver nor gardai. In the heat of the moment you may say something that might be taken as you admitting it was your fault when the root cause may have been other vehicle or faulty car etc.



  • Moderators, Motoring & Transport Moderators, Sports Moderators Posts: 724 CMod ✭✭✭✭LIGHTNING


    No I am saying that you made a big claim of gardai targets and then said your source was just yourself (i.e a sample size of 1). So therefore its a erroneous statement



  • Registered Users, Registered Users 2 Posts: 555 ✭✭✭laoisgem


    Well I rang the insurance company this morning and was told I'd hear in 24 to 48 hours what the story is with my car. Haven't received a reply to my email where I asked about a courtesy car in the meantime. If they haven't contact me by tomorrow evening I'll phone again and ask. The only thing I can find on my policy relating to this is being supplied with one for 48 hours but that's under the heading for breakdown assistance.

    As for the other man's car, that is between him and my insurance. I hope he get's everything he's entitled to. Also if he/other occupants have injuries then I hope they get whatever compensation they need. That is what I pay insurance for. If he puts in a false claim then that's on his own morals, nothing I can do about that.



  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    You don't need to pay a solicitor to tell the Garda that you will not be making a statement.

    If you think you were in the wrong then making a statement to the Gardai is the last thing you should be doing. Give the Garda at the scene your name and address, show him or her your licence and insurance and leave it at that.



  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Whocare




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