looking on advice on insurance claim against 3rd part

styo · 24-02-2025 01:38PM #1

Hi all,

A 3rd party has totalled my car. I won't go into details, but this is so unlikely to be contested on liability as to be irrelevant. The other driver will be found liable 100%.

My question is, how best can I proceed with claiming against third-party insurance? I have, of course, contacted my insurance, and they have the details and recommended that I claim directly against the third party rather than open a case on my comprehensive insurance.

The car is pretty expensive. A quick look at sites like Carzone suggests about 45k as the market value for a vehicle of its current age and spec. I'm sure that the third-party insurance will try it on, and offer less, and I can handle negotiations, but I'm wondering if I should hand it straight to a solicitor?

Any thoughts are appreciated.

Sono · 24-02-2025 01:53PM

Claim off your own insurance and mitigate your loss, if liability is to be contested this is the quickest way for you to get back on the road, your insurance company can deal with the liability between both parties…

User1998 · 24-02-2025 02:24PM

You don’t need a solicitor, contact their insurance company and let them assess the damage

Sono · 24-02-2025 03:04PM

Solicitor is not needed whatsoever, claim comp and let them work it out, if the other side accept liability now then obviously claim direct but doesn't sound like that is the case

Lenar3556 · 24-02-2025 03:07PM

https://www.boards.ie/discussion/comment/123204657#Comment_123204657

It’s an option, assuming he has comprehensive cover, but often in these cases there will be a settlement reached between the two insurers on liability, and this may impact the OP’s no claims position.

It would be cleaner if can he can get a suitable settlement from the other party / their insurer.

Del2005 · 24-02-2025 03:12PM

https://www.boards.ie/discussion/comment/123204981#Comment_123204981

It makes no difference. The OP will have a claim on their record regardless of who they claim against. If the claim starts to get messy going with their own company they are the customer, claiming against someone else's policy you have no say what they do.

styo · 24-02-2025 03:14PM

https://www.boards.ie/discussion/comment/123204959#Comment_123204959

I don't want to go into too much detail, but I think it is incredibly unlikely that the other insurer will contest liability. It would be quite insane tbh. I'm sure you can read between the lines.

I've been in the situation before of seeing off a driver's bogus claim for shared liability. This is not even vaguely a concern here.

ted1 · 24-02-2025 03:42PM

get yourself an independent assessor.

User1998 · 24-02-2025 03:43PM

Its a standard claim. No need for an independent assessor or solicitor

CMOTDibbler · 24-02-2025 03:56PM

https://www.boards.ie/discussion/comment/123205191#Comment_123205191

Exactly. There are some quite frankly nuts suggestions here. Go to the other party's insurance and claim from them.

Lenar3556 · 24-02-2025 04:15PM

https://www.boards.ie/discussion/comment/123205009#Comment_123205009

Strictly, the OP would be claiming for damages against the person who they allege caused the damage, not their insurer - Although in reality their insurer will be party to the discussions.

If the OP has comprehensive cover, he could initiate a claim on his own policy. His insurer may subsequently seek to recover costs from the other party, and should they recover the full costs, they will likely be agreeable to reinstate his no claims discount. However that is by no means guaranteed. His insurer may accept that he was at least partially at fault when they are negotiating with the other side. Indeed they may well be the insurer for the other side also!

I am not sure what you mean by ‘a claim on their record’?

My point is that they are better not to make a claim on their own policy if they can avoid it, and this appears to have been the advice from his own insurer.

Sono · 24-02-2025 10:23PM

https://www.boards.ie/discussion/comment/123205023#Comment_123205023

yeah fair enough, I thought I read your first post that liability would be contested hence why I suggested claiming comp. Provided it’s a straight forward case then just contact their insurance company and let them deal with it. If they concede liability at an early course they’ll give you a replacement car also.

Best of luck

Fishdoodle · 24-02-2025 11:18PM

https://www.boards.ie/discussion/2058397965/looking-on-advice-on-insurance-claim-against-3rd-part

Your insurer should be dealing with this. I don’t see why they’d have you deal against the 3rd party?

If the other party is 100% at fault, it will have no effect on your policy, as your claim will be settled by the other party’s insurer. So, let your & their insurer deal with the claim, thats their job, and less headache for you.

Also, if the 3rd party claimed against you (unfairly let’s say) /claimed injury, well you can imagine the headache. Leave it to the insurer & their legal team. This claim is not a minor scrape.

Del2005 · 26-02-2025 12:17PM

https://www.boards.ie/discussion/comment/123205336#Comment_123205336

The claim on their record is that for the next 3 or 5 years when renewing their insurance they will have to say that they had a claim for X amount they were Y to blame and it's settled, which insurance company processed the claim is irrelevant as its the settlement amount that insurance companies care about once the claim is settled.

Their insurance company said to claim from the other company because they are told to, they don't want to proceed with your claim even though you paid for them to by paying for fully comprehensive cover.

kdevitt · 26-02-2025 12:45PM

https://www.boards.ie/discussion/comment/123206624#Comment_123206624

Your NCB is suspended while any claims are pending if you pursue the claim through your own company, at fault or not. You can go direct to the other parties insurance and have them deal with it - which avoids that. This approach is exactly how I was told to deal with a clear cut accident - by a mate who was a claims manager at the time.

Did exactly this the last time I was in an accident - other persons insurance company was well used to it, asked a few questions, and then started to proceed to arrange a tow truck. (then went silent for a while and told me the guy had cancelled his insurance a day after taking it out and never returned the disc, but thats a different story.)

Lenar3556 · 26-02-2025 02:41PM

https://www.boards.ie/discussion/comment/123210990#Comment_123210990

Could you share where you are getting this info? What insurance company have these terms?

I did look at the Aviva standard proposal terms recently, and that doesn’t capture what you are referring to. i.e the OP could answer all questions truthfully and comprehensively and isn’t asked about claims he is pursuing against another policy.

He is asked about his own policy, if any claims are pending and to advise ‘the number of years in a row you have claims free driving on a policy in your own name‘

jimmycrackcorm · 26-02-2025 02:49PM

My question is, how best can I proceed with claiming against third-party insurance? I have, of course, contacted my insurance, and they have the details and recommended that I claim directly against the third party rather than open a case on my comprehensive insurance.

You contact the other parties insurance with details and file a claim.

The other driver will be found liable 100%.

The easiest way to do it is to get your solicitor to deal with it as the other party's insurer will have to pay out their fees.

Eggs For Dinner · 26-02-2025 02:58PM

If you seek redress directly from the 3rd party, or their insurer, you do NOT have a 'claim' on your record. Only an insured person can claim under an insurance policy. In this instance the 3rd party would be claiming for funds under his policy, to cover his liability to you. Your insurer is under no obligation to seek redress from the 3rd party directly on your behalf, unless they have first compensated you for your loss as a claim under your policy. It's not a requirement under the terms of they policy you agreed with them

For declaration purposes going forward, you have not had a claim, but did have a no fault accident, which should have no effect on quotes. If liability is not an issue, as you say, the quickest option is for you to deal with the 3rd party's insurer

dulpit · 26-02-2025 03:08PM

I've been on both sides of this. In my early driving years I rear-ended somebody. They claimed against my insurance, I also had to get a small job done to my car. So I interacted with my insurer and they kept me abreast of the ongoings with the other party's claim against me. It was a fair cop (I rear ended them) so no issue with figuring out who was at fault or anything like that. The other person's claim took something close to 3 years to close between the car being repaired and ongoing personal injury issues on their part. I lost my NCB as a result and wasn't in a position to move insurance companies until the claim was closed.

In 2020 I was rear-ended and the guy drove off. But we had the driver caught on camera so again, was a very straightforward issue. Because the guy drove off, I wasn't able to get insurance details from the driver, but the gardaí provided this to me. I interacted with their insurance provider and got the car sorted through them. I also let my own insurance company know what had happened, but nothing happened to my NCB or anything like that because my claim was directly against the 3rd party.

Provided you have the details of the 3rd party, just raise it with their insurance company and, once you have advised your own insurer as a heads up, it'll all be dealt with by the 3rd party's company.

homingbird · 27-02-2025 07:45PM

Your insurance company is telling you to do the leg work what are we taking out polices for if this is the case.

Eggs For Dinner · 27-02-2025 09:12PM

https://www.boards.ie/discussion/comment/123216594#Comment_123216594

You take out an insurance policy so that the insurer will defend and compensate (iif necessary) any claim that is made against you. In addition, if you have comprehensive cover, they will compensate you for any loss or damage to your vehicle. What they do not agree to, is to act on your behalf of you want to take an action against any other person.

Insurers are not your Mammy, do your own legwork or engage a professional to do it for you

mickdw · 27-02-2025 09:24PM

Just relating to the comments above re having a claim and it affecting your premium regardless of which company settled it, this is not correct.

I've seen posted here before that insurers are only hoping you declare a non fault accident as a claim and his advice was to answer that question with very specific wording to make it clear that you did not have a claim on your own policy.

looking on advice on insurance claim against 3rd part

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