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Claim made against me

  • 14-07-2023 3:39pm
    #1
    Registered Users, Registered Users 2 Posts: 508 ✭✭✭


    Not sure if this is the right place but,

    Any thoughts on the following...

    Claim made against me, or the named driver, for having hit a parked car in a carpark causing damage to the other car...

    Neither myself nor the other named driver have any recollection of it happening.

    There is supposedly CCTV footage of the incident. But after repeatedly asking to see it we have never seen it.

    A guard has allegedly seen it and signed a letter saying as much.

    The insurance company says the claims will go ahead.

    Do I have a right to see proof of the incident before proceeding?

    Thanks in advance



Comments

  • Registered Users, Registered Users 2 Posts: 1,186 ✭✭✭GavPJ


    Unfortunately as far as I am aware you aren't. Not a the minute anyway.

    Long story short, but I am going through something similar at the minute

    where an asshole taxi driver ran into the back of me. He is claiming I ran

    into him. Reckons he has it on dashcam, but told the Gardai at the accident

    scene it wasn't available at the minute and has not given it to his insurance

    company yet, even though the accident is over a year ago. Jumping through

    the hoops at the minute and my solicitor told me we won't have any access

    to any evidence/dashcam footage until just before the case is about to be

    heard.



  • Registered Users, Registered Users 2 Posts: 2,930 ✭✭✭beachhead


    Have you asked the car park operator-I mean the security company to see the camera footage or asking the garda for it? Ask the security office at the car park in person to view the footage.If,not possible write to the security and/or the management company.Normally,in a case like yours what follows is a list of summonses from the garda or a colleague.The situation is not uncommon since the 1980s



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    I asked the guards yes and no joy there. I didn't check with the security company. I imagine there would be a privacy issue there. I have a feeling that the footage has since been deleted or lost or something. The insurance claim came a year and a half after the alleged incident.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    So I've seen absolutely no evidence myself of anything. And neither me nor the named driver on the policy have any recollection of anything happening. It's very frustrating.



  • Registered Users, Registered Users 2 Posts: 2,798 ✭✭✭Citizen  Six


    What did the Gardai say about what they saw in the footage?



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  • Registered Users, Registered Users 2 Posts: 5,099 ✭✭✭standardg60


    You cede all rights to your insurance company when you take out your policy, having no recollection of the incident isn't a defence. I assume this is somewhere you or the named driver frequent, if there is footage your insurance company will admit liability, if there isn't why would they?

    Clearly something happened, it doesn't matter whether you remember it or not.



  • Registered Users, Registered Users 2 Posts: 11,579 ✭✭✭✭Jim_Hodge


    You don't get to see it but your insurer will and they'll decide on action based on that.

    Post edited by Jim_Hodge on


  • Registered Users, Registered Users 2 Posts: 3,029 ✭✭✭Eggs For Dinner


    Your insurer will get access to the footage and I'd be very surprised if they don't show it to you for comment. Final decision is theirs



  • Posts: 693 ✭✭✭ [Deleted User]


    Yeah! You are not allowed to see the footage, only the Gardaí.

    I had a bicycle stolen a few years ago & I was told this by a security guard

    only to be shown the video later by a frustrated manager who worked in the area.

    I did get my bicycle back but I wouldn't have had I not seen the footage!



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    That our car 'kissed' the other car's bumper.



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  • Registered Users, Registered Users 2 Posts: 2,798 ✭✭✭Citizen  Six


    So do you believe it happened then, or not?

    I'd a guy "kiss" my bumper a couple of years ago. My bumper was only a week old, and it was small damage, but he still paid to respray it. I've had other small bumps from other drivers, but it doesn't bother me that much on areas that are already damaged.

    Perhaps you could reach out and offer to pay for the damage yourself, which might be cheaper/easier?

    I had a woman hit me from behind in traffic before, and wanted to pay to fix it herself. My repair place could do it for €440, but that was too much for the woman, so she went through her insurance. Ended up costing about €1200 as insurance wanted all new parts fitted to the damaged area.



  • Registered Users, Registered Users 2 Posts: 11,392 ✭✭✭✭Furze99


    "The insurance claim came a year and a half after the alleged incident."

    Surely that last sentence if correct is a major red flag. Who puts in a claim for damage that happened 18 months ago? Are you sure of your dates?



  • Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭Whocare


    wake up you/named drivers car did damage to parked car .Garda wouldn't have tracked you down and got your insurance details and gave it to damage car owner if CCTV didn't show your car doing damage to parked car


    same thing happened to me few years ago got Garda to check CCTV Garda got there insurance details for me and Garda said he wants if possible pay without involving insurance and gave phone number. anyway phone him up he still denying it anyway told him I deal with his insurance car was fix within few phone calls to his insurance

    Post edited by Whocare on


  • Registered Users, Registered Users 2 Posts: 2,798 ✭✭✭Citizen  Six


    Yeah, it's often easier to deal with insurance, rather than someone who denies causing the damage. Especially when there's cctv to prove it.



  • Registered Users, Registered Users 2 Posts: 2,930 ✭✭✭beachhead


    Worth trying the security or management but footage probably gone now but I would still ask.



  • Registered Users, Registered Users 2 Posts: 2,930 ✭✭✭beachhead




  • Registered Users, Registered Users 2 Posts: 3,029 ✭✭✭Eggs For Dinner


    You have 2 years to present an injury claim and would you believe it's 6 years for a damage claim. Delayed litigation is a regular practice by solicitors. You will be sure the claimant will have all the photos, assessments, inspections, witnesses etc in order, whereas the defendant may have disposed of their vehicle, wiped over dash cam footage, mislaid witness information. It's tough out there



  • Registered Users Posts: 426 ✭✭the14thwarrior


    its a pity the insurance company is so willing to pay.

    with no proof, why is not possible it is a scam?

    i came out of a shop and the girl parked beside me came over and said i caused damage to her car, and the security guard can verify it. I basically said duck off and drove off. no way did i touch her car.

    following month or so my friend parked in the same carpark, same scenerio, but he thought he must have hit it trying to park. he paid up front not wanting to go through insurance, because the guard (security) was a "witness".

    just thought i'd share



  • Moderators, Sports Moderators Posts: 25,447 Mod ✭✭✭✭CramCycle


    I would have thought that GDPR means you could request footage of the alleged incident as the alleged driver. I can ask for footage from DB for getting on to the bus just because my face is on it so this should be the same, Have you any other info? Date/time/etc.

    Put in a GDPR request, if the management company don't have it, put it in with the gardai/solicitor/insurance company.



  • Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭Whocare




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  • Registered Users, Registered Users 2 Posts: 1,476 ✭✭✭sarkozy


    My understanding of GDPR legislation (data privacy) is that you are the owner of data/information relating to yourself, and therefore have an entitlement to ask for the footage from the 'data processor' (whoever filmed the alleged incident), and they have an obligation to provide same, and this is reasonable given the specific nature of the request.

    Obtaining it may not be as simple as this, but it is possible.



  • Registered Users Posts: 173 ✭✭Waccamacca3


    How long does axa investigatior take to come out look at car after an accident



  • Registered Users, Registered Users 2 Posts: 1,186 ✭✭✭GavPJ


    I had to put pressure on them to get their investigator out.

    The investigator made an appointment and never showed up so

    I had to contact them twice to get them out.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    Deleted post



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    The insurance company went ahead and settled the claim for the full amount. I never saw, or was given any evidence if it was in fact my car that was involved. I asked maybe 10 times in total for the CCTV footage. They never provided it to me. I spoke to the guard who said he saw the footage. According to him the bumpers 'kissed'. The claim was for @€2100.



  • Registered Users, Registered Users 2 Posts: 715 ✭✭✭ants09


    Do a GDPR request and ask for everything in relation to the claim including video evidence, don't send it to the claims team but to the data protection officer of your insurance company.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    Ok. I may just do that. Part of me is resigned to the outcome but if you think it may help. Thanks for the reply.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    With a view to the decision being questioned? Thanks



  • Registered Users, Registered Users 2 Posts: 11,579 ✭✭✭✭Jim_Hodge


    The insurers have settled. You're not going to get anywhere.



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  • Registered Users, Registered Users 2 Posts: 3,029 ✭✭✭Eggs For Dinner


    Insurers reserve the right to settle any claim as they deem appropriate. That's the bottom line.



  • Registered Users, Registered Users 2 Posts: 19,083 ✭✭✭✭Del2005


    Any video evidence would have only the person requesting the data in it, everything else including the alleged victim will be blurred as it would be a GDPR violation to give that data, so the video will show nothing of any use to the OP.

    The claim has been settled, what do you thing will come from this request?



  • Registered Users, Registered Users 2 Posts: 715 ✭✭✭ants09


    I was in a car accident and i done a GDPR request when the claim was in process and it open my eyes up as to not to trust a word what the claims handlers say and take what they say with a pinch of salt, if you know what i mean.


    They have to provide the video of the allege accident as it is to do with the OP and his/her car, yes they can blur out the driver of the other car but not the driver of the OP car



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    The other person's car was parked at the time. They wouldn't have been in it.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    Just to follow up on this please.

    That claim went through.

    For what the guard described as essentially 'bumpers kissing'.

    €2100 or thereabouts.

    €450 for parts and €1500 in labour.

    €1500 for labour (which would be a mechanic working 30hrs on say €50p/h)

    Any thoughts. Thanks.



  • Registered Users, Registered Users 2 Posts: 3,029 ✭✭✭Eggs For Dinner


    No way a garage is only charging only €50 per hour labour. Probably around €85. Then you have add VAT



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  • Registered Users, Registered Users 2 Posts: 2,545 ✭✭✭Sono


    Yeah that’s more the going rate to be honest, the days of €50 an hour are pre Covid times.

    insurance company wouldn’t have settled unless they felt you were at fault imo.



  • Registered Users, Registered Users 2 Posts: 3,124 ✭✭✭Nigzcurran


    I barely touched a bumper in traffic, literally like a kiss. But after close inspection I could see I had damaged it and was a brand new car, insurance paid €1200 for the repair which is exactly why we have insurance.



  • Registered Users, Registered Users 2 Posts: 3,029 ✭✭✭Eggs For Dinner


    If you get a look at any detailed repair invoice, you'll see "sundries" make a decent contribution



  • Registered Users, Registered Users 2 Posts: 4,013 ✭✭✭chooseusername


    That's only a guesstimate by the OP trying to figure the 1,500 labour costs. Even at double that, 15 hours seems a lot just to fix a bumper kiss!



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    Thanks for the replies. Exactly as post above say, even at €100 p/h that's 15 hours work, fixing a bumper.



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  • Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭Whocare




  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777




  • Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭Whocare


    Yeah probably took around 10 hours day work for man and extra 5 hours is because insurance is paying 💰💰



  • Registered Users, Registered Users 2 Posts: 1,617 ✭✭✭Squatman


    were you able to get a video of this "incident"?



  • Registered Users, Registered Users 2 Posts: 1,617 ✭✭✭Squatman


    also, you got charged the insurance premium. a common practice in the industry is to inflate the costs because its going thru insurance. I'm sure people will have a stick in their respective a55es, but that's a known phenomenon. it all depends on the level of damage, and the chosen method of repair. Assuming they didn't get a new bumper, then its a sand-down, filler, respray, seal reinstall jobby.. .if its a "light kiss" it may be been touched up/ 30 mins job.€2 materials. 1400 banked. of course this is all speculation.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    Not as yet. And I have zero hopes of ever seeing it.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭doh777


    Quite possibly. I wouldn't be surprised.



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