# Insurance company won't pay



## Jeni4ka (1 Apr 2016)

Hi All,

Over a month ago my car was hit and the insurance company of the other driver won't accept liability. My car was parked on a street and the other hit the back of my car. No one was in, I was walking towards the car and witnessed the accident. The other driver (pregnant lady) got out of the car and her first words were: 'sorry, I was just going to get some hash'...
We called the guards, they came, spoke with the lady, took details for their report. 
The other insurance company's assessor came to my house a few days later, looked at the damage and the repair estimates and deemed my car to be Category D write off.  They offered me 4100 as Pre Accidental Value which I accepted. Got 1750 from salvage company. 
The other insurance company is now refusing to accept liability and pay the rest. 
Does anyone know why that might be? My insurance company solicitors have threatened to issue legal proceedings and they still won't pay. 
When I bought my car it had a small damage to the rare, nothing big - it needed new bumper and some body work, it worked cheaper to fix it than to buy the same one undamaged so I bought it. I meant to get an engineer's report but never did and I'm thinking now is it possible this previous damage to be the reason why the ins. co. won't accept liability?  I've been going over different scenarios and can't think of anything that makes sense. I accepted their offer, there were no other claims. Would prefer to settle this out of court but it looks will have to sue to get any money out of them. 
If anyone has any explanation of why the insurance company is not accepting liability would be grateful if you could share.


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## horusd (1 Apr 2016)

If they made an offer (of €4,100)  and you accepted it, it looks like you had a verbal contract with their assessor and can hold them to it, all other things being equal. You should check out the underwriters complaints procedures and the Ombudsman.  You may not need to go to court, but you need to establish what changed between them making the offer and the subsequent refusal to settle on the original terms.


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## Jeni4ka (3 Apr 2016)

horusd said:


> If they made an offer (of €4,100)  and you accepted it, it looks like you had a verbal contract with their assessor and can hold them to it, all other things being equal. You should check out the underwriters complaints procedures and the Ombudsman.  You may not need to go to court, but you need to establish what changed between them making the offer and the subsequent refusal to settle on the original terms.



Thank you, horusd, will explore this option first.


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## Ravima (7 Apr 2016)

They may not accept liability if the offending driver was not covered under the policy.  Was the driver validly insured?


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## DirectDevil (29 Apr 2016)

Jeni4ka said:


> Thank you, horusd, will explore this option first.





horusd said:


> If they made an offer (of €4,100)  and you accepted it, it looks like you had a verbal contract with their assessor and can hold them to it, all other things being equal. You should check out the underwriters complaints procedures and the Ombudsman.  You may not need to go to court, but you need to establish what changed between them making the offer and the subsequent refusal to settle on the original terms.



I think not.

Any discussions about this relate to quantum. The issue of liability for the accident is a different matter.

The OP and the defendant can go to court and advise the judge that the quantum of the value of the vehicle is agreed at €4,100 less salvage. This dispenses for the need to contest the value of the item in question. They can then get on with arguing the question of fault.


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## DirectDevil (29 Apr 2016)

OP I would contact the other insurers and demand to know the following ;

1. Are they indemnifying their policyholder under their policy or not ?

You can ask why if the answer is in the negative but they probably don't need to answer.

2. If they say that the insurance does not operate report that to the Gardaí as that would look like a case of uninsured driving.

3. Contact the Motor Insurers Bureau of Ireland and inform them that you are a victim of an uninsured driver. Link http://www.mibi.ie

4. If the motor insurance is valid but they are denying liability for the accident ask why. Give them 10 days to pay up. If no joy, instruct a solicitor to issue District Court proceedings. [In anticipation - no, the Small Claims Court cannot deal with this matter !]


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## LS400 (29 Apr 2016)

Small damage on the rear to you, could have been quite substantial, to the point of not being road worthy to some one else. I think they feel, they are inheriting previous damage to this vehicle, which they are now on the hook for. In their eyes, if there was no prior damage to the vehicle, it may not have had the same out come (write off).. 

The fact your car was hit unoccupied, and the fact the lady in question was spoken to by the Garda is hardly disputed. So, either she is insured or not,  if insured, ask for definitive answer as to why their is no payout, albeit, possibly lower pre accident value due to the existing rear impact..


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