Car Accident-need advice?

valc

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Can I get some advice on what do to here?

On March 16th last, my father was driving towards home along a main road. Another car came out of a housing estate and hit the passenger side of my father’s car. My Dad is not someone who would be speeding – he has been driving over 50 years without a claim. At the time the other driver accepted 100% responsibility and asked for guards not to be called and said she would not go through her insurance. Names and phone numbers etc were exchanged.

The following day my father brought his car to the garage, (where he had only purchased the car a month earlier) to get a quote for repairs. He called the other party with the quote (€2,600) to be told she was now going through her insurance company. The said insurance company contacted my father and in turn made arrangements to go and see the damage caused by the accident, and then gave my father’s garage the approval to go ahead and repair.

My father had a replacement car for the duration of the repairs – approx. 2 weeks (took a few days for the assessor to actually go and see the damage). Car was returned to my father and everything seemed ok. Then last week my father received a letter from the other party’s insurance company saying the following:

“We fail to understand how you can hold our client responsible for this accident”.

My father rang this insurance company and explained the accident to them. He also told them the other party had accepted responsibility for the accident at the scene. They are denying this and say her story is very different to my father’s.

Luckily there is a witness to the accident – who 100% agrees with my father’s version of events. Following my father’s phone call, this person filed a report with this insurance company. This may/may not resolve the issue. Even if it does, the amount of stress it has caused my father seems totally unfair. In the last 2 years he has had serious health problems and this is not helping in any way.

Should I ring this other insurance company myself and read the riot act? Should I get a solicitor to handle it? Even if the witness’ report settles it – which I have no guarantee it will, I feel very angry that the insurance company in question would issue this letter. Why would their assessor give the approval for my father’s car to be repaired if they were not liable.

Any advice?


tnx
valc
 
Get a solicitor to handle it - if your dad is 100% right ( and if he has an independant witness to back him it sounds very good) then the solicitor will be able to claim their costs from the insurance company- your dad wont be out of pocket.
 
Agree with Vanilla above and bearing in mind the damage to both vehicles will substantiate your fathers version of the accident.
 
It just goes to show that the guards should ALWAYS be called to the scene of an accident- and bear in mind that in fact one has a legal obligation to do so anyway. Of course, I understand your dad was trying to be helpful to the third party, but people cannot be trusted these days sadly.
 
Was in a very similar situation about 3 years ago. Do as the other posters say. Get a solicitor & make no further contact with the other driver. Leave it all to the solicitor (use a recommended one). Don't stress over this - a good solicitor will see you right.

ninsaga
 
write a stern letter demanding immediate settlement. tell them that if they dont cough up asap, you will be forced to involve a solicitor and they will be held liable for this as well as interest on the cost of repair bill . you are also entitled to 10% of the 2600 as compensation for any devaluation caused to your car which has now been crashed.
 
I agree with eamon66: write a letter yourself and give them 7 days to respond. Then, if they don't settle, get a solicitor involved. It's worth trying, because, once you get solicitors involved, the thing is likely to drag on for months.
 
once you get solicitors involved, the thing is likely to drag on for months.


I don't agree with this at all- in fact the opposite is likely to be the case- if you involve your solicitor, chances are that one solicitors letter will sort the whole lot out. Once the insurance company see your father is legally represented, they are more likely to want to deal with it quickly to prevent the costs from mounting up- and dont forget they will have to pay the costs involved. It is always better to get a solicitors advice before committing your story to paper also, as you may unwittingly not present the best case for yourself.
 
tnx to all. I think it might be best to get a solicitor on the case rather than either me or my father write to the insurance company.

Just one more question - Eamonn - is this "entitlement for devaluation" a legal entitlement? A colleague of mine in work said he received this before for a car accident - but I just thought he was lucky to have negotiated it!

tnx again

valc
 
a solicitor told me before after i was rear-ended that this was standard practise. i dont think it is really sufficient though as a crashed car unless it has been perfectly repaired can be very hard to sell on. in your case the car was side-swiped which may cause poor door sealing and wind noise which can be very annoying and is really difficult to put right.
 
Eamonn

As far as I know the passenger door was replaced with a brand new door. As the car was only purchased new in February I reckon the garage would have replaced rather than repaired.
 
As soon as you are in an accident - no matter who is at fault you are obliged to contact your own insurer - this is a standard policy condition. The easiiest way to deal with these cases is to claim from your own insurer and have them pursue the other parties insurer fr full compensation. When this process in completed your fathers claim will be cleared from his file ( not the actual claim but the amounts paid - this what is looked at by insurers when looking at claims history) - and your father's NCB would not be impacte on. Also - always contact the guards - no matter what the other driver is asking you to do. I thinkeven at this stage your father should contact his own insurer and they will be in the best position to offer advice.
 
Hi All have dealt with this nonsense before, people there the worst.

First of all do you really want to go to a solicitor, probably not.
Your own insurer will give you advice but will not act for you unless you claim from your own policy whihc i hope you will not do.

In relation to depreciation this is an amount payable to the owner of a vehicle which has incurred damage, given that the vehicle is damaged is has a lesser standing in the second hand car market than a car of similar year whihc was not involved in an accident.
However depreciation is limited to 20% of the NET repair figure for cars one year old and then 10% for cars up to three/four years old. After that repiar to a vehicle can somewhat be of an improvement so is generaally not given , in court or in the market place.


A solicitors letter will take a while and of course your legal fees will have to be paid by the other side. Now if you are stating that your father is stressed or injured the insurance company will hold off paying unitl they see you total demands.

So write them one letter short and brief, somthing like:


ABC Insurance Company

Dear Sirs

In realtion to my accident of the (date) i wish to inform you that i am holding your insured (name,reg and policy)at fault. Therefore i enclose my estimate for repair and misc losses for your attention.

If a settlement cheque or admission of liability is not forthcoming within the next 7 days i will hand the matter across to (name of solicitor) who will handle my claim.

Your etc with contact details and mobile attached.

As a matter of interest who is the insurance company at fault here ???

If you do not get a response by day 5 call them, after that it is in the hands of the solicitor. The fact that you might have mentioned stress or injury to them would cause them to backoff on any settlement.So do not sit on this !!
 
"It just goes to show that the guards should ALWAYS be called to the scene of an accident- and bear in mind that in fact one has a legal obligation to do so anyway."

I've been in two car accidents (neither where I was driving) and both times the guards were called and all they did when they arrived was get the cars moved out of the way.
 
Hi was hit just after Christmas. The other dirver admitted liability at the scene and no guards were called. He did sign a piece of paper though. He gave me(innocently) a wrong number and when I called the guards with his reg, they would not give out any info, so I had to track him down myself

I provided 3 quotes to him but eventually he went through insurance.
His ins co. rang me and asked that I go to an approved garage, a few days later I collected the car and that was that. I was never asked for payment from anybody at garage or his ins co.. In the interim I had given my own ins. co a heads up.

Can anyone point me to a link/soruce for the depreciation entitlement of 10%
My repairs were est at 5k and even the garage said that it would always be apparent to a trained eye. I feel a bit peeved that his ins co. never mentioned this to me

Best Regards
 
I think the most important thing to take from this is when you're in an accident try to get a witness there and then even before any guards are called or any liability admitted.
 
A solicitors letter will take a while and of course your legal fees will have to be paid by the other side. Now if you are stating that your father is stressed or injured the insurance company will hold off paying unitl they see you total demands.

Not true- a solicitors letter can be issued same day- and it is normal for insurance companies to pay material damage loss while awaiting details of personal injury claim.
 
Vanilla, this didn't happen to me, agreed a value of the car which was uneconomical to repair and the other insurance companies next question was ' Is that the full extent of your claim?', when I said no , personal injury, they said it had to be settled in one go, both material and injury claim, waited a further two years to get it sorted. Might have been the exception though
 
Stobear- I'm afraid yours was the exception- where liability is accepted it is common practice for the insurance company to pay out the material loss and for the personal injury to be left to be resolved at a later date. If I were your solicitor, I'd have threatened to sue seperately for the material loss and/or have you take out a loan to pay for the material damage and tell the insurance company I'd hold them responsible to repay loan and interest...
 
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