car accident claim query

[crol]

hi,

i was the driver in a car accident a week ago and our car is now a write off.

the gardai have told me that the other driver was 100% at fault. he was also drunk.

i have comp insurance and my broker has offered to pursue the claim and has said they will reinstate my no claims bonus if the 3rd parties insurer covers their costs.

however from what ive read if i do this i risk increasing my premium if the broker changes insurer(as they do all the time) as they would have to disclose my claim.

how should i pursue this?
... should i employ a solicitor to deal directly with the other drivers insurer to avoid claiming initially on my own insurance?
... if i do this will their costs be covered?
... what about a rental car, will this be covered?
... and what about all the other costs, car storage, disposal etc?

i cant find any information on claiming directly so any help would be most appreciated.

thanks in advance,

colm

 

[aislingkelly]

Hi colm i was in a car accident 5weeks ago,I was 100% not at fault as i was sitting at a traffic light when a car was blown into me anyway its all a big mess as there was two other cars involved and no1 is admitting liability and i am injured and off work since so i am dealing through solicitors,my advice to u is to get urself a solicitor,dont claim from ur insurance if it wasnt ur fault cos if u do they mite say all this about giving ur no claims back but my solicitor advised me not to do this,if u get a solicitor he/she will advise u what to do.Its a serious thing dealing wih insurances!!Believe me. Also how much was ur car worth?? Let me know how u get on

 

[RainyDay]

Hi Aisling - Thanks for helping out Colm. It would be great if you could avoid text speak in your future posts, as this makes it fairly difficult to interpret your posts.

 

[davidoco]

Comprehensive insurance is IMO if you skid on ice and write your car off. You claim the value of it. There are also those extra features of comprehensive like windscreen legal etc.

If you’re in an accident and it’s not your fault (and there is NO personal injury) I would not claim off your own insurance with the hope of getting the claim settled by the other side. They find any simple reason to refuse to reinstate your no claims, something as simple as you were 1% at fault because you were in your car at that time in that place etc. No matter how good a customer you are they will do this.

If your good at letter writing write a letter yourself to the other party’s insurance company holding the driver at fault for the accident and asking for the value of your car, storage, taxis, rental etc (do not underestimate your figures) If they don’t reply within two weeks admitting the claim and offering a settlement cheque write another letter giving x days notice that you are putting the matter into the hands of your solicitor should you not hear from them by return. This approach worked a treat for me.

 

[Ravima]

most insurers at the present time, if their policyholder is wrong, will arrange to meet with you either in person or by phone, at your choice, to try to settle the matter with you. They should not put you under any pressure and when you are finished with them, ask for a day or two to talk it over with a friend.

reasonable car rental should be paid, all other costs you mention wil lalso be paid, but up to a reason. you cannot claim for example €1000 per day storage.

Good luck

 

[crol]

hi ravima,

if the 3rd parties insurer arranges to meet me in person can whats said at that meeting be used in evidence if a court case follows?

also, at the end of the day, what will the insurance companies base their decision on culpability on? ... the garda report alone?

colm

 

[Ravima]

you should make it clear at the start that the discussions is WITHOUT PREJUDICE, that means in a nutshell, without the strict legal interpretation, that it cannot be used against you nor can anything the insurance man says to you be used by you against him!

The garda view carries great weight and the fact that the other driver was drunk will certainly help your case and assist you in your case.

If you want to PM me, feel free to do so and I may be able to help more.