# Car damaged - Refusal to give insurance details



## sadie (9 Oct 2008)

Our stationary car was damaged by someone who then attempted to drive away. The police were called but the person refused to give their insurance details saying they would settle in cash if we got a quote. We got a quote (700 euros) but the mobile phone number they gave us is switched off continuously. And the person involved was abusive and unpleasant at the scene. Is there anything else we can do? Can/will the police do anything?


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## MOB (9 Oct 2008)

The guards must have got their details.  Just ask for a report from the guards.  Don't bother calling again - just get a solicitor.   It is a very minor claim, so do not expect a solicitor to give it a high priority, but there is clearly a case here - it can go to the district court in due course and their insurer will have to pay.  

I


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## z104 (9 Oct 2008)

I was stiffed like this before albeit for a small amount. If it happens again I will just start zapping with my camera . reg, insurance cert and go through the insurance.


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## Smashbox (9 Oct 2008)

I would speak to a solicitor first, and get them to chase up with the Police, as they might get further than you.


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## redchariot (9 Oct 2008)

If you have the registration, the police will be able to track the car down for you. You could possinly get the MIBI to track them for you; but they are really only there for uninsured vehicles.


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## sadie (9 Oct 2008)

We have the registration number. There wasn't an insurance disc on the car, the driver was asked to present his licence at the police station. I checked the reg number on motortax.ie (vehicle transaction check) and it is down as Make/Model Unknown and changed hands about a month ago. I forgot we had an the MIBI. We'll get on the garda who was at the scene for starters...


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## rmelly (9 Oct 2008)

sadie said:


> We have the registration number. There wasn't an insurance disc on the car, the driver was asked to present his licence at the police station. I checked the reg number on motortax.ie (vehicle transaction check) and it is down as Make/Model Unknown and changed hands about a month ago. I forgot we had an the MIBI. We'll get on the garda who was at the scene for starters...


 
Similar thing happened to me - I called the Gardai to the scene, got all his details etc. He gave false details to me and the gardai, turned out the car was still registered in the previous owners name, with her now cancelled insurance disc etc. Ended up just paying it myself.


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## Seagull (10 Oct 2008)

Contact the gardai and find out whether he ever showed up at the station. Odds are he was driving without insurance. He might have given a false name and address and decided to take a chance on being caught for that rather than for driving with no insurance and/or no license.


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## gillarosa (10 Oct 2008)

You need to get a copy of the police report and submit a claim to your Insurer, stating what happened at time of accident and at the scene re lack of insurance details. That is so insane the Gardai let them drive off shouldn't they seize vehicles that are being driven uninsured? As far as I know there is a fund which covers accidents caused by uninsured drivers.
Good luck


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## rmelly (10 Oct 2008)

gillarosa said:


> As far as I know there is a fund which covers accidents caused by uninsured drivers.


 
http://www.mibi.ie/


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## shesells (12 Oct 2008)

You said the other party didn't want to go through the insurance and you gave them that chance. They haven't kept to their side of the deal so now I would just hand the whole thing over to your insurance company and let the other party pay the additional costs?


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## z101 (12 Oct 2008)

Contact you own insurance company immediatly and register the incident - This is important! Give them the contact details of the Garda who showed up along with offending car reg, and they should take it from there. This wont affect your premiums and is part of what you pay them for.


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## z101 (12 Oct 2008)

As its the law to carry your driving license I assume the Garda has this guys license details.

Just a note on my previous post. A friend of mine had an accident in Dublin which was plainly the other guys fault with some wing and door damage. The guy, like yours, admitted liability but wanted to fix up outside a claim. He ask my mate to get a quote and to be fair with him. He got a guy with a small shop to give a quote that was less than half the dealership quote. He would have had every right to go to the main dealer but called the guy and gave him the best quote to help him out. He though it was expensive and said he would call him the next day. 4 days later my friend tried to call him back and over the next 2 days left 3 messages for him. My mate then got a call from the Gardai saying they had got a complaint of harrassment by my mate from this guys wife. Furthermore, this guy contacted my mates insurance company saying they had an accident and were going 50/50. The insurance company took a very dim view of the fact that my friend didn't report the accident to them and simply ignored him when he told the truth. He tried to get some CCTV footage of the accident as he had no witness, but could not. He got totally shafted by the whole deal. This individual involved will no doubth get whats coming to him as what goes around comes around. But the moral here is, as straight as someone may seem, always note witness' and call the guards and if possible dont move any vehicles - AND ALWAYS call your insurance company regardless of how its settled.


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## Complainer (12 Oct 2008)

Ceatharlach said:


> Contact you own insurance company immediately [...] This wont affect your premiums and is part of what you pay them for.


This would only apply if
a) you have comprehensive insurance, and 
b) you have no claims protection.

If you don't have fully comp, you are not covered for damage to your own vehicle, regardless of cause. If you don't have no claims protection, then any claim will affect your 'no claims bonus' regardless of cause.

In this particular case, it sounds very like the guy had no insurance.


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## karibou57 (13 Oct 2008)

Complainer said:


> This would only apply if
> a) you have comprehensive insurance, and
> b) you have no claims protection.
> 
> ...




If you have comprehensive insurance but no _no claim protection_ then you're involved into an accident which is not your fault, would your no claim bonus be affected still ???


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## z101 (13 Oct 2008)

Thats not true. I did not say claim from your insurance. I said to registered the accident with your company, Give them what details you have and let them go to work to get something from this guy. If you have any policy and had an accident thats not your fault you are entitled to try for recourse through your own insurance company - Thats what you pay them for regardless of policy type. The insurance company will advise you of your options as you go. It's only if you decide to claim against your own insurance that you lose any NCB. If you dont claim from your own insurance company, they will not view you any differently than before. However it's important they are informed in case this becomes a legal issue down the road. You did nothing wrong here and have nothing to fear by doing the right thing.


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## Complainer (13 Oct 2008)

karibou57 said:


> If you have comprehensive insurance but no _no claim protection_ then you're involved into an accident which is not your fault, would your no claim bonus be affected still ???


Yes, it would be affected. It's a no claim bonus, not a no blame bonus. If you or someone else claims against your policy, you lose the bonus (unless you have bonus protection).



Ceatharlach said:


> Thats not true. I did not say claim from your insurance. I said to registered the accident with your company, Give them what details you have and let them go to work to get something from this guy. If you have any policy and had an accident thats not your fault you are entitled to try for recourse through your own insurance company - Thats what you pay them for regardless of policy type. The insurance company will advise you of your options as you go. It's only if you decide to claim against your own insurance that you lose any NCB. If you dont claim from your own insurance company, they will not view you any differently than before. However it's important they are informed in case this becomes a legal issue down the road. You did nothing wrong here and have nothing to fear by doing the right thing.



Let's go back to basics here. You need to understand the difference between 3rd party insurance and comprehensive insurance. From [broken link removed] with some bolding by me for emphasis;



> Third Party Only Insurance - Insurance is the bare minimum level of cover of car insurance required in Ireland. This cover essentially protects third parties (pedestrians or drivers) so they do not lose out financially should you injure them, or cause damage to their vehicle *(not your own car)*. Essentially third party protection covers you for:
> 
> • Liability for injuring other people (including your passengers)
> • Liability for damage to property (not your own)
> ...



If you have 3rd party only insurance, damage to your own car is not covered. It doesn't matter what you tell your insurance company, they are not going to cover any damage and they are not going to pursue claims against other people for which they have no liability. They are a business, not a support agency.

I've no idea what you mean when you draw a distinction between making a claim and "Give them what details you have and let them go to work to get something from this guy". They don't 'go to work' unless there is a claim which is going to cost them money. If there is a claim, you are risking your no claims bonus.


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## davrac (18 Oct 2008)

call the Gards, ask them to follow it up as the law has been broken

DO NOT be smart or gove tone to the Gards, you need their help, but the law has been broken.

1.  they gave false information to the Gards (Criminal offense)
2.  They left the scene of an accident
3.  if the car is still registered inthe previous owners name, this is also an offense, and that owner is still responsibe for the vahicle and therefore any damage it causes.

The Gards have a responsibility to give you the correct information, they should also have got the drivers license or gave him/her a producer, failure to provide this is an offense.

Be dilligent in this and keep the Gards and your insurer on your side.

Regards
Davrac


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