Car Accident Please Help

M

maryh08

Registered User
Messages
13
I lived abroad many years ago and came back to Ireland with a North American driving license. I borrowed my fathers car. I got involved in a car accident which I was driving and both my friend (a passenger) and I were seriously injured.
My fathers insurance policy stated a Full driving licence was required to drive the car. I had a full driving licence from North America. I was already driving for five years.
In the meantime my 'friend' made a claim and the insurance company paid her in excess og 300,000 punt. This was around the year 2000. Several letters passed through our lawyer but the final letter in 2003 stated that the claim was paid and they would be looking for reimbursement. No further correspondence from the insurance company was recieved after that time to me or to my lawyer.
Just recently in 2008, I got the land of my life after all these years demanding reimbursement from both my father and I.
I am totally overwhelmed and devastated at the enormity of this situation, I am just and average person with a teenage family making ends meet.
I would appreciate so much some sound advice on how to deal with this.
 
maryh08 said:
Several letters passed through our lawyer but the final letter in 2003 stated that the claim was paid and they would be looking for reimbursement.

...

Just recently in 2008, I got the land of my life after all these years demanding reimbursement from both my father and I.
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While it took a while this was obviously coming. Have you discussed it with your solicitor?
 
It was such a long time ago I assumed that the claim was paid out of the Motor Insurance Bureau of Ireland. I dont own my own home and wouldnt have the funds at all to pay this. Also I had never heard anything from the Insurance legal department or solicitor since Febuary 2003. Is there not a time limit where they can pursue this claim?
At the time of the accident I believed I was covered as the policy stated that a full licence was required and I had a full drivers licence from North America. Surely my licence was suffice as it did not state that it had to be a full Irish Driving Licence? Since then the Insurance Company does now state that a full Irish Licence is required. The fact that they made this change in the policy are they not now closing a loophole that they overlooked?

My brother uses this website for varying different reasons and has received valuable information from time to time and he suggested that I too should seek some expertise advice and options here.
My own solicitor said he was surprised after all this time.
Where do I go from here and I really would appreciate your opinion or advice on this.
Thanks so much.
 
i think u should go to a good solicitor for professional advice. dont panic thought. everything will be fine. your own solicitor should offer you better advice than "he is surprised" though.
 
It is my every waking thought and I do need to know how to go about this effectively.
 
First off, I have no experience in this area, I'm just expressing my opinion. But I think its a big leap of credibility to believe someone would drive on another countries driving licence with out checking are they covered for insurance. But ignoring that. How does the insurance company expect to recover this money if you can't pay it. Also proving that there was loop hole (if true) is going to be an expensive legal battle is it not?
 
But I had a full driving licence as stated on the policy and believed it to be credible.
 
If the Insurance Company changed the wording of the Policy since the accident well and good. However, the terms of the Policy current at the time of the accident are those that are relevant.
 
MIBI is not a charity. You would or should have had this explained to you at the tiem by the insurance company handling the case. You woudl have either received written correspondence from them and/or met with one of their representatives. You would have been told to seek legal advice before you signed a form wherby you agreed to allow them to handle the claim on your behalf and to reimburse them their outlay. if the outlay was €300K, then they cannot hope to collect, unles you win the lotto or inherit a large sum or valuable property.

You should consult your own solicitor and see if you can come to some arrangement with the MIBI.

MIBI are financed by all other policyholders, who pay a portion of their premium to pay claims against uninsured motorists. The level of uninsured driver and the claims made against them are one of the reasons why the rest of us must pay higher premiums.
 
I was at no time contacted by the MIBI , or was this alternative brought to my attention, by the insurance Co.If the insurance co. knew that I was not covered why didn,t they bring this to my attention?
 
maryh08 said:
It was such a long time ago I assumed that the claim was paid out of the Motor Insurance Bureau of Ireland. I dont own my own home and wouldnt have the funds at all to pay this. Also I had never heard anything from the Insurance legal department or solicitor since Febuary 2003. Is there not a time limit where they can pursue this claim?
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There probably is a statute of limitations on such issues but c. 5 years is a relatively short period in the greater scheme of things I would have thought?
At the time of the accident I believed I was covered as the policy stated that a full licence was required and I had a full drivers licence from North America. Surely my licence was suffice as it did not state that it had to be a full Irish Driving Licence? Since then the Insurance Company does now state that a full Irish Licence is required. The fact that they made this change in the policy are they not now closing a loophole that they overlooked?
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What has your own solicitor said about these facts?
My own solicitor said he was surprised after all this time.
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If that's most or all of what he said then...
Where do I go from here and I really would appreciate your opinion or advice on this.
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... to another/better solicitor I presume?

Buildingbloc said:
everything will be fine.
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Just curious - why do you say that?
 
My fathers insurance policy stated a Full driving licence was required to drive the car. I had a full driving licence from North America. I was already driving for five years.
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Were YOU insured to drive the car? In Ireland, it is usually the driver(s) named on the insurance documents (who have licenses) who are the only people insured, NOT any person who has a full license. I understand that in some other countries around the world, it is the car that is insured, but in Ireland it is usually the driver(s). Whether or not you have a full license is irrelevant if you are not named on the policy.
 
csirl said:
Were YOU insured to drive the car? In Ireland, it is usually the driver(s) named on the insurance documents (who have licenses) who are the only people insured, NOT any person who has a full license. I understand that in some other countries around the world, it is the car that is insured, but in Ireland it is usually the driver(s). Whether or not you have a full license is irrelevant if you are not named on the policy.
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My policy covers any driver who drives my car who has a full license. The cover for such a driver is 3rd party.
I think the OP needs to get a different solicitor. Even if their existing one knows what they are doing there is a communication problem and the OP’s stress levels seems to be exacerbated by this problem.
The one thing I would advise is for the Op to be as pro-active as possible as a solicitor is only as good as the person instructing them in that they can only acts on the information that they are given.
 
I called my solicitor and am awaiting a call back from him today. I will report as to what he says but keep the opinions and advice coming please and thanks to all those who have as I need to inform myself as well as I can
 
I reckon the misunderstanding is that normally once someone gives you permission in the US to drive their car, you are covered (I drove loads of cars in the states and would have been covered by the cars policy). It's not the case in Ireland, in most case (unless the person has open drive) a person can drive your car if they have a full licence and insurance on another car....but all of the policies differ and it is vital to double check with your insurance company.

I don't have any other advise other than make sure you get a very good solicitor. Do you still have the policy documents for the year in question ?
 
Yes I do still have the policy document......to quote
Description of Drivers

a The Insured
b Any person between the ages of 25 and 71 years inclusive who is driving on the Insured's order or with his consent provided such person holds or has held a Licence (other that an provisional Licence) to drive
c Any person specified by endorsement in the schedule of events.

I also spoke too my solicitor who is going to go over all documents and policy and get back to me. He also said that they could issue legal proceedings against me. What options could I have?
 
Any chance it says somewhere else something like "the laws of Ireland apply to this policy" which might make it implicit that the clause relates to Irish licenses?
 
maryh08 said:
Yes I do still have the policy document......to quote
Description of Drivers

a The Insured
b Any person between the ages of 25 and 71 years inclusive who is driving on the Insured's order or with his consent provided such person holds or has held a Licence (other that an provisional Licence) to drive
c Any person specified by endorsement in the schedule of events.

I also spoke too my solicitor who is going to go over all documents and policy and get back to me. He also said that they could issue legal proceedings against me. What options could I have?
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You drove the car on a US licence but did you ever have an (full) Irish one?
 
Is the 'Description of Drivers' from the Insurance Certificate or from the policy document? The policy document would outline exactly what is covered in the policy and if any restrictions apply.

You can check out what is an accepted driver's license for Ireland on Citizen's Information.
 
The MIBI provides a fund to compensate those injured by third parties who were not driving with a valid insurance policy. The MIBI becomes a joint aprty to those proceedings and as far as I know the MIBI is obliged to pursue the uninsured party for a contribution, I have seen cases (between the MIBI and the uninsured third party) settled for small amounts relative to the amount of compensation paid.

If they are intent on pursuing you then your solicitor needs to get into negotiations with them to try and reach a resolution as early as possible.
 
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