Assessor has decided i'm 100% liable...options & consequences?

W

worried man

Guest
Hi all,

A bit stressed out right now so please excuse the lack of syntax and disorganised flow to this, etc.. I was recently involved in a head on collision in my brother's car in which I am a named driver. The assessor has decided that I had crossed over to the 3rd party's side of the road and are therefore 100% liable. I was only travelling about 15kph as the traffic in front of me had just pulled off.
Both cars had been classed as "write-offs". Without wanting to give out too much information, due to concern for all parties' id's, the assessor has claimed that I was in full lock...i.e. turning across the road!! Due to the speed of the 3rd party I ended up doing a full 180 and the front of both cars were destroyed. I was not anywhere near full lock, not even 45degrees but I admit my wheels were not straight ahead, as I had to vear slightly to the right to go with the flow of the road and avoid opposite footpath to the left.
Fortunately there seems to be no major injuries arising from the accident(due to the amazing safety of recent cars which I have to admit suprised me) and I'm willing to accept a certain amount of fault but the cars are write-offs due to the 3rd parties excessive speed. However the claims manager has informed me that he cannot find out the speed at which the party's vehicle was travelling at the moment of impact and also he cannot find out if the 3rd parties lights were in fact on (which I query as I did not see anything approaching but cannot swear that he did not have them on). Initially, there were not witnesses to the crash as confirmed by the Gardai who were on-site for 20 mins but it now appears that the 3rd party has a witness who will claim that I attempted to cross the road in front of him. The guards (who were not witnesses, sadly) had stated the next day based on their evidence and statements that it was a head on collision and was 50/50 liable.

1. I'm considering gettting an independent assessor to see if he can establish the speed at which the 3rd party was travelling and thus causing the excessive damage to both cars and if he can find out if the other party's lights were on. Any ideas?

2. What will be the implications for my brothers insurance renewal? Will it be loaded up if I'm found to be 100% liable? Will he have to stay with the same insurance company for so many years post accident? He has no "no claims bonus" as he returned from abroad this year so that does not apply. And any other issues I have not considered?

Apologies for the rant but i'm really at a loss.
Many thanks for your input.
 
forget about incurring more expense. You can engage an assessor to see if the lights are NOW working. he will not be able to tell you if they were working at time of accident. He migth be able to tell you if bulbs were blown at time of accident, but will not be able to say if lights were on or not.

Speed estimation is 'guestimation'. No one can tell you the speed of the cars. You know the speed of your car. Other driver knows the speed of his/hers.

leave it to the insurers and sleep easy.

your brother's NCB will be affected. The affect will depend on insurer and the type of policy he has. some disallow the NCB in full, others a portion and others do not stop it at all.

if you yourself have a motor policy and have Driving Other Cars, then your policy will be involved and you shoudl notify your insurers immediately.
 
From the sounds of things, you were on a side road and the other party were on the main road. Assuming this to be the case, the other party had command of the road and regardless of their speed prior to the incident, they had right of way.

As stated by Ravima, if you have your own insurance policy elsewhere, you should inform them, its called dual indemnity and spreads the cost of the claim between two policies...which might not hurt your brothers premium so much.

Just be grateful that no one was seriously injured and that you have insurance....cars can be replaced, people can't.
 
Also Worried Man,
This is an insurance liability, not a personal liability, if you see what I mean?
That's why you pay for insurance.
Otherwise you would be personally liable, and have to pay all costs including car repair and medical expenses, whereas in this situation the company has to pay out.
At least you weren't hurt, thankfully.

Nicola
 
You may also get loaded for the claim on your own policy because as one of the other posters noted you may have driving other cars on your own policy and in which case, your policy will be paying out for the Third Party's vehicle.
You will also have to declare the claim at renewal of your own policy or when you are taking one out!
 
You are allowed by law to cross the white line "when safe to do so" when travelling at 20kph or less, to avoid tractors, horses, people etc who will be travelling slowly.

As you cannot determine the speed of the other vehicle and neither can anybody else then it worth considering whether or not an assessor would be viable.

As a former Insurance Claims Assessor I can understand your desire to have the decision reversed. It is not the Gardai whom decide responsibility, it is the Insurance companies who have more of a vested interest than even you as they are the ones who will have to pay.

You have the right to have the issues re-adressed as long as you make this clear in writing within 14 days of receipt of the original decision.

Request an additional assessment on the grounds that the details provided in the statements were false(that you were not doing a u-turn).
Request the Gardai reinterview the claimant and the witness on the grounds you feel their statements were illegal made, in so much that they are falsely made or presented ficticuos information.

Make a song and dance about it all.

Lastly, by the simple fact you are on here asking for advice tells me you are plainly sincere about the experience and I emplore you that take it further. Get your second opinions.

P.S It also possibly your brother has a NCB protection scheme.
 
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