Motor Car accident with stolen car how to pursue it.

I'm really confused as to with which body I need to pursue my case.

To give the basic details.

I was recently in a car accident with a stolen car ( I've confirmed with the investigating garda that the car was stolen). The other car took a corner too fast and hit a wall and then slammed into my car. I've contacted my insurance company to inform them of the crash and they have sent an assessor out to the salvage yard to check my car. It has been classed as a Category C write off.

I've also sustained injuries during the accident and so far have had 2 GP visits and an A&E visit and 2 physiotherapist visits. I've aggravated the nerves in my left arm, leg and back. There is also soft tissue damage to my left arm, leg, hip and lower back. Its looking like I'm facing weekly physio visits for some time to come. My GP currently has me out of work for a minimum of a month.

When I last talked to my insurer I asked about claiming for my injuries but was told I couldn't under my comprehensive policy. So I've started looking about to see where to go and this is where I'm finding it confusing!

Do I need to go through my own insurance for the damage to my car and then the injuries board for my injuries or do I pursue both with either the Injuries board or the MIBI?

Thanks.

your own insurance company will repair your car and they will make a claim to the MIBI. It will cover the majority of the claim, but will not cover the excess or car-hire.

For your personal injuries, you will make a claim via the Injuries Board and they will investigate and appoint an insurance company to deal with your claim (more than likely the company the stolen car was insured with)
You should be able to pursue your claim like you would with any accident, but probably no harm for you to have a word with a solicitor before lodging your claim with the Injuries Board.

Thanks JohnJay for the info. Will talk to a solicitor.

The whole idea of the Injuries Board was to allow injured parties to pursue claims without incurring legal costs. Have a look at their website and maybe even download their app for iOS or Android

If you claim off your own insurance for damage to your car, you lose you no claims bonus. It is a no claim bonus, not a no blame bonus.

GoItAlone said:

If you claim off your own insurance for damage to your car, you lose you no claims bonus. It is a no claim bonus, not a no blame bonus.

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No. You're wrong. its already been said that his own insurers will process the claim via the MIBI and his bonus will NOT be affected.

If you have comprehensive cover, it is a condition of the MIBI agreements, that you claim from your own insurers. All the motor insurers in the Irish market MUST not affect your NCB in these claims, PROVIDED that the uninsured driver is FULLY at fault.

Ravima said:

If you have comprehensive cover, it is a condition of the MIBI agreements, that you claim from your own insurers. All the motor insurers in the Irish market MUST not affect your NCB in these claims, PROVIDED that the uninsured driver is FULLY at fault.

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I've never heard of this rule - is this written down anywhere? Does it mean that you are better off being hit by an uninsured driver than an insured driver?

RainyDay said:

I've never heard of this rule - is this written down anywhere? Does it mean that you are better off being hit by an uninsured driver than an insured driver?

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How would you figure that? If the other insured party is clearly at fault you simply pursue a claim against them directly as opposed to via your own policy. Most insurers had legal expenses add-on that allow for this.

Hi Folks,

Just to update you on the losing your no claims bonus. I rang my insurance company and they have said that once they get confirmation in writing from the Gardai that the car that hit mine was stolen then my no claims bonus is covered.

This is from the MIBI website.

No Claims Discount Protocol

Where the damaged vehicle is comprehensively insured or where the damaged property is covered under a policy of insurance, the MIBI Agreement stipulates that the claim must be dealt with by the insurer of the vehicle or property.

A No Claims Discount Protocol operates between MIBI and the insurers which guarantees protection of the No Claims Bonus where the comprehensive insurer compensates the policyholder on behalf of MIBI. This Protocol ensures a speedy resolution of the claim and avoids delay in having the vehicle repaired.

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The whole claim process with the Injuries board and the MIBI is not a fast one. I’m currently over 6 months in to a claim and no sign of it coming to an end anytime soon.
In my case, I was hit by an uninsured driver who remained at the scene and was arrested and dealt with by the courts. As part of the procedure they write to this driver to see if he agrees with the process and give him 3 months to respond – even though he has left the country.

Sorry to hear that JohnJay. I'd heard it wasn't going to be quick.

In my case, there was two guys in the stolen car. The driver then car jacked another car and forced the woman in the car to drive him away. The second guy walked away in the confusion. The Gardai told me that they have caught two suspects and that a file was being sent to the DPP.

peteb said:

How would you figure that? If the other insured party is clearly at fault you simply pursue a claim against them directly as opposed to via your own policy. Most insurers had legal expenses add-on that allow for this.

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If an insured driver hits you, and you claim off your own comp policy, you lose your no claims bonus. If an uninsured driver hits you, and you claim off your own comp policy, you keep your no claims bonus. So you're better off being hit by an uninsured driver (all other things being equal, which they might not be).

RainyDay said:

If an insured driver hits you, and you claim off your own comp policy, you lose your no claims bonus. If an uninsured driver hits you, and you claim off your own comp policy, you keep your no claims bonus. So you're better off being hit by an uninsured driver (all other things being equal, which they might not be).

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If an Insured driver hits you, you claim of that drivers insurance, not your own.

RainyDay said:

If an insured driver hits you, and you claim off your own comp policy, you lose your no claims bonus. If an uninsured driver hits you, and you claim off your own comp policy, you keep your no claims bonus. So you're better off being hit by an uninsured driver (all other things being equal, which they might not be).

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No you don't. I've given you two options above
1) Pursue a claim directly with the other insured party. Thereby not affecting your no claims bonus
2) you claim comprehensively and your no claims bonus is affected UNTIL such time as the insurer can recoup their outlay from the other party.

All that happens in the event of an un-insured vehicle is that the insurance company goes down the route of option 2 and treats the MIBI as the other party.

JohnJay said:

If an Insured driver hits you, you claim of that drivers insurance, not your own.

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peteb said:

No you don't. I've given you two options above
1) Pursue a claim directly with the other insured party. Thereby not affecting your no claims bonus
2) you claim comprehensively and your no claims bonus is affected UNTIL such time as the insurer can recoup their outlay from the other party.

All that happens in the event of an un-insured vehicle is that the insurance company goes down the route of option 2 and treats the MIBI as the other party.

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You're not comparing like with like, folks. Yes, when an insured driver hits you, you have the option of claiming off his insurance. However, if you do that, you take on a load of work on yourself. You might have to argue about liability, in a disputed claim. You need to deal with the expert claim assessors at his insurance company. You are probably not an expert in assessing damage. You don't know the industry standards for allowing rental for a replacement car. You mightn't be sure of your rights if you choose not to actually carry out the repair. It's not impossible, but it's hard work.

Part of the reason of paying for comprehensive insurance is that you get paid for damage to your car, regardless of who is at fault. And you don't need to be a hardass negotiator. You pay a price, in terms of losing your no claims bonus.

But apparently, if you get hit by an uninsured driver, you have the luxury of getting it sorted by your own insurance company, without worrying about your NCB.

RainyDay said:

You're not comparing like with like, folks. Yes, when an insured driver hits you, you have the option of claiming off his insurance. However, if you do that, you take on a load of work on yourself. You might have to argue about liability, in a disputed claim. You need to deal with the expert claim assessors at his insurance company. You are probably not an expert in assessing damage. You don't know the industry standards for allowing rental for a replacement car. You mightn't be sure of your rights if you choose not to actually carry out the repair. It's not impossible, but it's hard work.

Part of the reason of paying for comprehensive insurance is that you get paid for damage to your car, regardless of who is at fault. And you don't need to be a hardass negotiator. You pay a price, in terms of losing your no claims bonus.

But apparently, if you get hit by an uninsured driver, you have the luxury of getting it sorted by your own insurance company, without worrying about your NCB.

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Dealing with the MIBI is the same as dealing with a third-party’s insurance company. In fact, the MIBI appoint an insurance company to handle the claim on their behalf. They will still investigate the accent, require statements, sent assessors, argue liability etc. Also, when dealing with the MIBI, they will not directly pay for replacement car hire and you will have to pay up to your own insurance company’s excess (these can be claimed at a later date, but with more paperwork).
My solicitor also tells me that personal injury cases involving he MIBI are rarely “settled” outside the system. When dealing with a traditional insured case, the insurance company may offer a settlement just to speed things up and close the case. MIBI rarely do this.

RainyDay said:

........ you have the option of claiming off his insurance.............

.........Part of the reason of paying for comprehensive insurance is that you get paid for damage to your car, regardless of who is at fault.

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You cant just claim of your own insurance just because you are too lazy to deal with the other persons insurance company. If the other person is at fault, you are obliged to claim on their insurance, not your own. And if you lie to your own insurance company and say that it was your fault, then you are guilty of insurance fraud.

Edit: remember also that you cant make a personal injury claim against your own insurance