Where does one stand with this insurance case?

Only in Ireland baby, I’ll give you a good one. Some time ago my mother was in a minor car crash. It was her fault to make a long story short. She was pulling out of a T junction in a local shopping centre, as she done so no cars where coming to her right and One car was coming to her left with the indicator on to turn left, she moved out to turn. The driver that was turning left changed her mind at the very last minute and hit my mother's bumper. No damage apart from a few scratch's to my mother’s car. The other car’s bumper had come off. From what I was told it was at a very slow speed. Lesson there is NEVER trust an indicator.

Anyway the driver in the other car starts abusing my mother from a height as to why she pulled out in front of her, my mother calm as you like replies that you had your indicator on to turn left. My mother wanted to wait for the garda to arrive but they had not got the man power that day to attend the scene for a few hours, a cock and bull story I might add as the station was only half a mile away. When it came to exchanging details my mother noticed that she was a provisional driver, no tax, no insurance and had no full license driver with her. She said that it was only a new car and she was awaiting her disc. In the end she would not hand over her details and drove off after taking my mother reg number. My mother went down to the garda station and reported it to them; she also reported it to her insurance company. As you do.

The other day she got her quote in the door and she noticed that her quote was very high. She rang the up the insurance company, they informed her that a claim had been filed and paid out on. As you would expect my mother was not very happy about this. No letters or phone calls to ask her any question’s or was it your fault or stuff like that. She has to get on to them in the next couple of days to see what went on as she is out of the country at the moment.

This leads me to my question. Can insurance companies pay out claims without getting your side of the story and getting you to sign stuff? Can claims be paid out on a wimp like this? Remember she just informed them, not gave them a written report on what happened. I find the whole situation very fishy. The claimee also had No full driver with her... law broken? Nothing done by the Garda.

Just wondering if anybody knows where my mother stands? Thanks

From being involved in an accident with a Learner driver driving unaccompanied im afraid the news isnt that good.1st things first no garda attened the accident scene they are not obliged to go so if there is no personal injury sustained at the scene. They normally ask you when you make the call.From personal experience nothing happened the learner driver from my accident was not pursued by the gardai for driving unaccompanied even though 4cars were involved in the accident. Gardai attending the scene didnt bother making a gardai report as he didnt think there was severe injuries at the scene. By right the learner should have been prosecuted....disqualified for 6months and given a few points.Sadly this is ireland and the unoffical stance of the gardai (even thou the government passed new legislation regards learner drivers last year) is that if a learner is driving unaccompanied and not doing anything out of the way they turn a blind eye. Have you ever seen a car confiscated of a learner driver compared to say a uk registered car which hasnt been cleared of its outstanding VRT?

keithrf900 said:

This leads me to my question. Can insurance companies pay out claims without getting your side of the story and getting you to sign stuff?

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Yes, thankfully in my own case as I was hit by a lorry, the lorry owner didn't even report it to his insuance company, (I ended up doing it myself), made no effort to engage with them and went out of his way to ignore them

I also thought it was an offence to leave the scene of an accident without giving the other driver your details?

Two issues at work here. Firstly, strictly speaking, according to the rules of the road, your mother is in the wrong as she pulled out. The circumstances of the oncoming traffic doesnt matter - the license, insurance, tax etc. offences are independent fromt the accident. Yes, you could argue the other driver shouldnt be driving without these, but strictly legally speaking, these offences are a matter for the Gardai and fall outside the insurance claim.

Second issue - your mother wasnt informed. This is plain wrong. If it were me, I'd refer the matter to the insurance ombundsman. Normally if their is a threatened claim against you, you are informed and allowed put your case. Natural justice dictates that your mother should have been given a chance to respond to the allegation. There is no reason why her insurance bill should increase without her side of the story.

Also, if it were me in your mother's circumstances, because the other driver totally took the p...s, I would be insisting that the Gardai take a prosecution. The fact that she made an insurance claim is cast iron proof that she was driving illegally - no tax, insurance or valid license. Should be gimme for any Garda station wanting to bump up their detection figures. Dont take no for an answer if the Gardai cant be bothered - insist that they prosecute.

Thanks csirl. All i can say is what goes around comes around.Why do they bring these laws in and then don't bother to enforce them? It does my head in. Thanks.