# Sueing someone who has car insurance



## Erasure (5 Apr 2007)

Can anyone tell me if it is possible for someone to sue someone personallly following a car accident if the person they want to sue has fully comp insurance?  I would have thought that any claim for damage/injury would go through your insurance?  Anybody have any ideas on this?


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## terrysgirl33 (5 Apr 2007)

In order to sue someone through their insurance, they have to have third party insurance, comprehensive insurance has no bearing on the matter.  If you try to sue someone directly, they just pass on the details to their insurance company to deal with, that's what insurance is for.


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## Erasure (5 Apr 2007)

THanks for that - i thought that was the case - some idiot trying bully tactics at the moment on us through his solicitor - i would have thought his solicitor should know better.


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## Vanilla (5 Apr 2007)

If you want to pursue either a material or personal injury claim you actually have to sue the other person involved. Now what will happen is that their insurance company will appoint a solicitor to act on their behalf or try to settle it directly. But in the first instance you actually HAVE to sue the other party. For eg last year my car was badly damaged whilst parked outside my office by a third party driving past ( while attempting to drive past it she actually hit it ). They drove away without stopping. The car wasnt driveable so I had it fixed by our Volvo garage. Later the gardai traced the third party and I sent her the bill. Her insurance company made an offer- of about half the bill because they said Volvo charges were too high- ie the labour was high. I didn't accept that and they wouldn't up their offer. So I sued the third party. Shortly before the court date the insurance company paid in full.


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## Erasure (5 Apr 2007)

This person hit my car - and is now sending solicitors letters even though we have informed him that our insurance company is dealing with it. I phoned the solicitor who told me that it was nothing to do with insurance company that he was sueing personally?


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## Vanilla (5 Apr 2007)

Just pass on the letters to your insurance company if you want. But why are you not suing him if he hit your car?


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## Erasure (5 Apr 2007)

Because it was a 10mph accident he went into the side of my car.  Since it was such a minor accident we were going to get our car fixed and not bother with the insurance but this person has decided to make a mountain out of it.  We have contacted his insurance company to make a claim now but don't feel the need to try to bully him with un-necessary solicitors letters.


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## Vanilla (5 Apr 2007)

Actually he is well within his rights to send you a solicitors letter. He is suing you, presumably he feels you were at fault. The fact that you have insurance is a bonus for you but he does not have to deal directly with them. He can pursue you as can you pursue him directly.


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## Erasure (5 Apr 2007)

ok - thanks for that - just all seems very un-necessary but then " people are strange"!!


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## ang1170 (5 Apr 2007)

For what it's worth (as I'm not sure it still works like this), some years ago a neighbour drove into my car. I first tried to settle amicably with no insurance companies involved. No such luck. I was concerned about loss of no claims bonus if I went through my own insurance, so I got his details from the insurance disc and went directly to them. It took a while, but they eventually paid off (didn't have to go as far as getting soilicitors involved), and they paid in full.

My inclination would be to do the same again if the liability is clear. I seem to recall cases happening in the UK where people's own insurance paid out rather than pursue the claim with the other party, with consequential loss of NCD. I could be wrong on this one though.


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## Erasure (5 Apr 2007)

Ang1170 - I don't really think it works like that anymore but the more i think about it i think i am being bullied in a way in the hopes that ill offer money up front which is out of the question. I have values. There was nobody injured in any way shape or form and there was minimal damage to both cars and i have no problem with both parties getting their respective car repaired but it appears this guy wants to try and get more out of all this.


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## ailbhe (9 Apr 2007)

Sammie if you were at fault he has every right to sue no matter what damages were done. If it was 50/50 then the usual way is that he claims from your insurance and you claim from his (for minor damage you could just pay yourself). If he was at fault then you claim from his insurance as does he.
Any letters from him that you get just pass them on to your insurance co as I would imagine he is going for a personal injuries claim.


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## Erasure (10 Apr 2007)

I can't see how i was at fault - unless i have suddenly invented a way to drive my car sideways instead of straight!!  Seriously though i don't feel i was at fault as he pulled out of a parking space into the side of my car so it appears that he didn't look where he was going - i just feel he is trying to bully me - i have my values and have no intention of compensating someone who has nothing wrong with them - i will have no problem filing a report with the insurance fraud section i even have the number now so am even more tempted.


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## Seagull (10 Apr 2007)

If he pulled out of a parking space into your car, then he is completely at fault. Get straight onto his insurance company, and look to get all your costs covered, including car hire while your car is being repaired.


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## Erasure (10 Apr 2007)

Thanks seagull but that is part of the problem - this guy is failing to see that he is at fault for some reason.  I was happy enough to leave insurance companies out of it as damage to both cars was so minimal (more damage to mine) but then i started to get these solicitors letters.  Im not going to bother worrying about it too much anymore as my insurance company were the ones who gave me the fraud number so if i feel i need to call it i will but i have now put a claim in against his insurance and my ins company reckons worse case scenario will be 50/50. Trying to prove you were not at fault is tough at times.


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