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Motor Accident

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  • 02-07-2024 10:08am
    #1
    Registered Users Posts: 5


    Hi,

    A week ago I was in a car accident I was hit by a delivery driver, I reported it to the insurance company and it seems that we both have the same insurance company, which it makes it really awkward, my car was taken away as it seems that is a write off and I have personal damages, what is the usual procedure? the claims assessor is not being very helpful, he just keeps referring me to seek legal advice. We have video footage showing that it was his fault and was speeding. Thanks



Comments

  • Registered Users Posts: 1,587 ✭✭✭thebiglad


    Being insured by the same insurance company does not make the claim any more awkward, if anything it should simplify matters. If you have video evidence of the crash that does clearly show fault of the other driver (speeding is contributory as opposed to cause - I presume you are on a narrow lane and other driver has come at you at speed).

    If your cover is fully comp then claim on your own policy, pay the excess and then look to recover the excess and out of pocket costs from the other policy. Noting the Assessor's comments I am assuming you are on a third party policy and so rely on the other policy paying out.

    In this case, you need to get the insurer to state whether or not they accept liability on the other policy and then it is down to whether or not you accept their valuation of the vehicle. If the vehicle is not economically repairable, once it is assessed get their agreement you can dispose of it and get it scrapped for best value you can get - this amount will be deducted from any eventual settlement.

    As the assessor is telling you to contact a solicitor it sounds as if they are not accepting responsibility of the van driver, that being the case and, noting you have video evidence I would ask an impartial viewer to look at your footage to ensure that you really are 100% innocent here. Also, ask the insurer to confirm they have reviewed your footage, its possible that their claims handler doesn't have it, couldn't play it or simply hasn't reviewed it yet. Also possible their client hasn't formally notified the incident to them or has counter footage/argument.

    A solicitor will probably take this on but, there will be a cost and that must be weighed up against how much you expect to recover from the insurance company.



  • Registered Users Posts: 5 morninglight


    thanks for your comments, I have fully comp insurance, the van driver was speeding and driving on the opposite side of the road,



  • Registered Users Posts: 8,922 ✭✭✭893bet


    You have no evidence of their speed. Opinion only. So don’t rely on it.

    Was there road markings on the road?


    Does the footage show the van driver on the wrong side at the time of impact?


    Have you make a formal claim on their policy? Has it been rejected? It can take many weeks/months for the investigator to decide liability. If you have no car in the mean time you can claim on your own and pay the excess.



  • Registered Users Posts: 1,587 ✭✭✭thebiglad


    If you have all of that on dashcam then you should be ok, check the insurance company's position on responsibility and ensure they have viewed the footage.

    If there is any dispute then I suggest you claim against your own policy to get mobile again and recover the excess and any other out of pocket costs from the other driver's policy.



  • Registered Users Posts: 5 morninglight


    it happened outside the house I have video footage, there are not markings in the road ia a housing state but he is clearly on the other side of the road and there was not obstruction to the left, he was only able to stop the van down the road after impact twice the length of the van, but if I claim on my insurance at renewal will increase even if is not my fault right?



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  • Registered Users Posts: 8,922 ✭✭✭893bet


    if your no claims is not protected then yes, even if it is protected it will go up.


    so the footage is from the house? Not a dashcam? With no road markings, and no clear footage etc this is one is gonna be difficult.



  • Registered Users Posts: 10,812 ✭✭✭✭Sadb


    Were you pulling out of a driveway? To be honest, this does not sound as cut and dry as you think. You have no proof of what speed they were driving, no markings on the road to imply that they were driving on the wrong side. I’d say it’ll end up 50/50 unfortunately.



  • Registered Users Posts: 1,587 ✭✭✭thebiglad


    OP says they have video footage - as posted earlier I suggest OP has that viewed by someone 'independent' to ensure it is as clear as OP believes and shows all that OP states it does.



  • Registered Users Posts: 1,484 ✭✭✭extra-ordinary_


    Although none of us have actually seen the footage…



  • Registered Users Posts: 1,587 ✭✭✭thebiglad


    OP, you have notified an incident with (as we understand it) disputed liability - therefore there is now a claim recorded against your policy and NCB is affected until it is resolved.

    The other driver is likely to claim against you anyhow - if they don't then it is the cleareast indication that they are responsible, as soon as that claim is lodged your NCB is affected.

    From where you are now you have nothing more to lose in claiming against your own policy in the 1st instance.

    As mentioned by another poster, if you have protected NCB or, your renewal is a while off you should be ok.



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  • Registered Users Posts: 5 morninglight


    Thanks for all the replies



  • Registered Users Posts: 10,812 ✭✭✭✭Sadb


    Yes, but a video cannot show what speed someone is travelling. Also from the vantage point of a house rather than dashcam, it sounds like it isn’t as helpful as op thinks.



  • Registered Users Posts: 1,587 ✭✭✭thebiglad


    I 100% agree that the vantage point may not be as solid as OP thinks but, then again, it may, we haven't seen the video to know distance from camera the collision occurred, field of vision nor angle of the camera to the collision.

    Depending on how long delivery vehicle remains in frame speed may be determined to a degree relevant to a motor insurance claim. Speed only has to be extensive for the prevailing conditions, not necessarily within the terms of the legal speed limit.

    Agree, there are a lot of unknowns here including OPs own actions prior to the collision and field of vision OP could have had to see the oncoming van - all we can do is provide general advice to the OP which, is what I have tried to do - I have not at any time suggested OP is in the clear nor can I based on what is known, even with the alleged video with supports their version.



  • Registered Users Posts: 566 ✭✭✭drury..


    Insurance doesn't always go up after an accident

    I had a fault claim and my renewal went down



  • Registered Users Posts: 8,922 ✭✭✭893bet


    exception prove the rule. After a claim insurance goes up as risk rating goes up. Citing the 1/100 where it goes down (likely due to other reasons is not really helpful).



  • Registered Users Posts: 2,965 ✭✭✭Eggs For Dinner


    Can you cite the 99 out of 100 where the premium did go up? Don't skimp on the details from your vast experience



  • Registered Users Posts: 8,922 ✭✭✭893bet


    You are right. Insurance usually goes down after a claim. **** knows why I thought different.

    Just went and cancelled my no claims protection. Thanks for the intelligence anyway. Much appreciated.



  • Registered Users Posts: 566 ✭✭✭drury..


    No claims and premium are 2 different things

    Maybe you should stop posting on this



  • Registered Users Posts: 8,922 ✭✭✭893bet


    No you are right.

    This forum is littered with examples of peoples who’s premiums went down after making a claim.



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