# Car accident; liability not accepted; insur. co. involved; what next?



## sun_sparks (9 Nov 2006)

In this thread, I outlined details of a car accident my fiance was involved in:

http://www.askaboutmoney.com/showthread.php?t=38582

Basically, in summary:

1. He was rear-ended at a roundabout.
2. They exchanged details, but on the suggestion that they'd sort it out between them rather than involve the insurance, the other party denied all liability.
3. Fiance went straight to the other party's insurance company, got assessor and quote.
4. That Insurance company sent (not sure of proper name here) form for other party to sign to accept liability and gave a 30-day deadline.
5. 30-day deadline has now passed. Last we heard was that a registered letter has been sent to the other party demanding a response.

What's next for us? What if this guy refuses to make contact with his insurance company? Will his insurance pay out without the guy accepting liability? Does this mean that we might have to go through our own insurance? 

Sorry for all these questions, but this is a new process for us. We are still driving around with the rear of our car bashed in because we don't want to risk getting €3k worth of work done and not being reimbursed.


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## Vanilla (9 Nov 2006)

Get a solicitor involved. This should entail no cost to you since she/he will be reimbursed by the insurance company. This could drag on and on otherwise. One solicitors letter giving 7 days to admit liability, if not done, an immediate serving of civil summons for damages- this will quickly clear the third parties mind and their insurance company will pile on the pressure too. District court proceedings are very quick and so can resolve stupidly contested matters like this very quickly.

Also once the TPs assessor has inspected, and you have taken photos of the damage, you should be able to repair the car.


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## sun_sparks (9 Nov 2006)

Many thanks Vanilla. Will do this as you suggested.


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## ACA (9 Nov 2006)

Your insurance company doesn't appear to be doing a lot for you. I would get onto to them and push them to contact the other insurer and get liability established. Without it the claim will still be open on your end and could effect your premium - if your renewal is soon.

99% of the time if someone is hit the rear, the other party is in the wrong - but without knowing all the circumstances, I couldn't be totally sure in your case.

You could contact other party's insurer yourself - they obviously accept a certain amount of culpability or they wouldn't have engaged an assessor to view you vehicle. 

Most insurance companies are eager to make quick settlements where there is no personal injury involved to avoid legal action. A few threats about solicitors doesn't do any harm. You are also entitled to car-hire while your vehicle is getting repaired.


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## sun_sparks (9 Nov 2006)

Hi ACA,

We have actually bypassed our insurance company completely and went straight to theirs... so it's their insurance co. that are doing the chasing at the moment.


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## briancbyrne (9 Nov 2006)

Inform your own insurers immediately and let thier claims dept look after it. This service is after all part of what you are paying for in your annual premium! - never try do it yourself - always inform your insurers - I'm sure if you look in the small print of your insurance schedule that this is stipulated as one of the conditions of insurance.


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## sun_sparks (10 Nov 2006)

Am confused though Brian. If we do this, don't we impact on our no-claims bonus?

We have already informed our insurance of the accident, however. We're just not processing the claim through them.


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## ACA (10 Nov 2006)

Some companies suspend you NCB until liability is established - some don't. Either way, if you are not claiming from your own policy and neither is anyone else - your NCB will not be affected. By informing your own insurers - they can chase the other insurance company for you and take out some of the leg-work.


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## briancbyrne (10 Nov 2006)

your NCB will only be affected if the claim goes against you ..i.e if your company pays out. - agree with ACA above. Keep them informed and have all correspondance in writing (even email if needs be ) rather than phone.

You'd be surprised how many accidents where one person agrees to pay out of own pocket turn into a heart ache especially when it comes to agreeing a price on work to be carried out etc.


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## briancbyrne (10 Nov 2006)

as an aside - if you can in future, Id advise to always protect your NCB if possible


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## sun_sparks (15 Nov 2006)

I just wanted to say thank you for all the advice. 

We called the TP insurance company for a last time yesterday morning and said that if we hadn't heard by the end of the week, we'd be sending a solicitor's letter.

Lo and behold, at the end of the day, we got the call to say that the TP had accepted liability and that our claim would be paid.

Thanks!


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## bacchus (15 Nov 2006)

What does "TP" mean in "TP  insurance company" or "TPs assessor "?


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## Vanilla (15 Nov 2006)

Third party- aka the bad guy, the other party.

Sun Sparks, happy to hear liability is admitted. You are entitled to claim for:
1. Damage to car.
2. Depreciation of approx up to 10% of cost of damages, more if brand new car, less if very old.
3. Loss of use ( notional amount ) or car hire while car is being repaired.
4. Travel expenses if you have to travel to and from garage by taxi for eg and of course
5. Any other material loss to items in the car which were damaged in the accident.
Keep on top of them so that payment is made immediately.


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