AXA pay uninsured drivers!!

[RYR154]

I recently had an accident (Minor bumper shunt) with another car only to discover that the other driver was a provisional licence driver with no insurance.

I was reversing out of a parking space and the other driver came around a car that had stopped to let me out. After I got out of the car the other driver said they where sorry but they did not see me pulling out. In my eyes that is admitting some level of responsibility for what happened.

To my horror, Axa put full blame on me for the accident and paid the other driver over 900 euro for the damage to there car. They then went on to tell me that the other driver was not insured at the time of the accident but they paid out anyway.

They are refusing to contact the Garda to inform them about the other driver. When I contacted the Garda they said they can’t prosecute because they did not see the other driver actually driving the car (They where not called on the day)

Axa are now telling me that my 13 years safe driving means nothing and they are going to hit me for over 750 euro extra each year for the next 3 years and give me back 10% of my bonus each year for years 4,5 and 6.

I contacted IIF and anyone else I could but they said they can do nothing because Axa have blamed me on the accident.

I have had 13 years safe driving with no speeding tickets, 1 Parking ticket and no penalty points but this seems to stand for nothing.

Axa have me over a barrel and I can do nothing about it.

After reading the above; can anyone tell me why I should bother insuring my car next year. There seems to be more incentive to go the law breaking route.

 

[tiger]

Bad luck, sorry for your trouble.

A couple of thoughts come to mind:
- how long provisional drivers be allowed to behave as they do currently & the general low standard of drivers on the road continue?
- hard to know who is at fault, but the finger is going to point at the person pulling out. In hindsight, might have been easier to reverse this if the guards were involved, photos taken, witnesses etc. (which reminds me, I still haven't bought that disposable camera for my car...)
- I'm not sure what recourse is available to you, but I would still try and chase up with the insurance company. It may be more expedient for them to pay out & have you pay the higher premiums, rather than pursue the costs through MIBI.

 

[anna123]

Hi I have worked in motor claims (not for axa) as you were reversing- you are at fault- regardless if the garda had been contacted that day or not (sorry just the rules of the road) whether they contacted the uninsured tp has nothing to do with Axa or the motor claim.

I think the point of insurance is for your car really i.e you are in a big accident and your car is wrote off.

The gardas have no report there is nothing they can do.

You can arrange to purchase a NCB proctection with a limit(say you could have 2 claims within 3 years up for 4000 without your bonus being effected).Try a broker as they will contact a few different insurance companies for you.

 

[Ravima]

just because the other driver was uninsured, does not give you carte blanche to damage his/her car! YOu probably filled out an accident report form, either in writing or orally. What did you say to AXA as regards to who was at fault? Did you get the names of any witnesses at the scene? Why did you not call the gardai?

Reversing is a manouever that carries great responsibility. You cannot do it, unless it is safe to do so. I would tend to agree with anna123 that on the balance of probabilities, which is how civil cases are decided, you would be held to be responsible.

It would not have made any difference if he was insured - they would still have paid out. If you are quite satisfied that you are not wrong, they there is nothing to stop you sueing the other driver. AXA w ould have settled, without admission of liability on your part. if you do sue and you do win, then AXA shoudl reinstate your NCB and give you a refund of any ecess premium paid since the accident.

 

[RS2K]

I was reversing out of a parking space

How's that done? Just wondering.

Was it in a car park or something?

 

[bacchus]

I was reversing out of a parking space

Is it not actually illegal to reverse out of a parking space?
I have always been told to reverse in and drive out of a parking space as it offers optimun visibility in both cases.

 

[RYR154]

At no point did I admit liability. As I had stated, the other driver did say “Sorry I did not see you pulling out” the other driver came around a car that had stopped on in the middle of the road to let me out. The other driver came around this car so it was impossible to see her. She would have had a better view of my car then I would of hers.
I was told by AXA that I could fight it but it would cost me more money. Money I can’t afford.

No where in the rules of the road dose it stat that it is illegal to reverse a car.
So automatic blame on the car reversing is a complete cop out on the insurance company’s part!

I park in the same spot every week for the past 9 years when calling to the local shop. If it was recklessness on my part then I am sure it would have happened before now.
As I have said 13 years driving and not a single tip in my car says a lot about my driving.

Bonus Protection.
I did have bonus protection, I have had it all my driving life. It was only after the accident that I was told my current bonus protection covered me for Fire and Theft only.

The Garda where not contacted as it was only a bumper shunt. When I contacted the Garda about her uninsured status I was told “I commend you for not wasting police time by calling us out for a bumper shunt but we can’t persecute as we did not see her driving” go figure!!!

The insurance companies are always banging on about uninsured drivers being a problem for them; yet when they come across one they give them a big smile and a wad of cash.

Did you get the names of any witnesses at the scene? Why did you not call the gardai?

The car that stopped to let me out pulled away after the accident. So no witnesses

It may be more expedient for them to pay out & have you pay the higher premiums, rather than pursue the costs through MIBI.

I would go with the answer that they are going to make much more then 900 euros out of me so the payout was an investment for them.

Starting to understand the term Banana Republic!!!!!