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    They say it's a 'pending claim'...

    I was reversing into a car space last Summer. A young man, intoxicated of alcohol, walking on the road 'aparently' walked into my car. I didn't see the bloke but I heard a small thump. Got out, and saw the bloke on the ground and having what looked like to me, an epileptic fit.
    I called the Gardai, ambulance who arrived promptly. When the ambulance crew saw the young man on the ground, rolled their eyes and intimated to me that they 'knew' the fella.
    In my statement to the Gardai, I didn't admit liability because the ambulance crew intimated that this fella was a serial claimer. Insurance company called and after a few weeks an investigator from my company called out and I gave details (25plus).
    Some weeks later, I got a letter from yer man's solicitor who told me to accept liability etc. I sent this on to 25plus and rang my solicitor to ask for advice, along the lines that I want to contest this and go to court if needed. He said that my ins company would rather pay out instead of going to court and possibly losing and paying costs etc.
    Grand....that is untill the other day. My new insurance premium offer, which is up on the 21st of Feb, came via email. It's increased form 450 to 1000 Euro. Rang 25plus who said they have put aside 37000 Euro fo the fella to claim from and my new premium reflects that. i contacted M.I.S (really don't have a clue who these people are but I think they're claim handlers?). I was speaking to an agent there who said that the fella in question is known to them, is a serial claimer, has not submitted medical reports yet and on that basis will not be paying out. But I was told yer man has two years to claim and he could go to some sort of 'board' if he feels hard done by.
    So, I'm being punished for an accident that may or may not have happened. If it did happen and the guy has the injuries to prove it, grand, but this is a mess. Do I have any comeback?

    #2
    Best you can hope for is the claim get rejected and any court action fails. Then and only then will you get your NCB back.
    Yorn desh born, der ritt de gitt der gue,
    Orn desh, dee born desh, de umn bork! bork! bork!

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      #3
      Next time you see him in the rear view mirror, don't brake.
      Tic-Toc. POC and DOC. Stop the clock.

      Comment


        #4
        My mate got done in a very similar way, absolutely minor tip, cops arrived and told us to clear the road, both cops said there is absolutely no damage to either car, mates insurance doubled after all three norries had whiplash
        My computer thinks I'm gay
        What's the difference anyway
        When all the people do all day
        Is stare into a phone

        Comment


          #5
          Not a lot you can do, he does have two years to make a claim but by the sounds of it the process has already begone he will have to go to the injuries board to put through the claim and they will require a medical. Given that he is know to the insurers and will have to take a medical hopefully it will get sorted but it will be a slow process, insurers tend to take a wait a see approach rather than actively pursue these guys.

          The other issue is as you mentioned it is cheaper for insurers to settle claims before they go to court. They give a guy a coupe of grand to go away the alternative is to fight it the whole way and rack up huge legal costs and even if they are successful and awarded the cost these type of people don't have the money to pay the costs. By the by this is what Quinn insurance did rather than hold a reserve of 30k odd and have to put aside the money they simply tried to settle them all as quickly as possible, now we are left with the legacy of claims that do not have proper reserve on them.

          Would suggest you go back to the insurers and argue the case with them know claimant likelihood a claim been successful is small etc and they might reduce the price a bit, if the claim is defend successful they will have to reinstate your bonus but that does not help you know.

          Go on YouTube and search insurance scam fail might cheer you up a bit most seem to be from Russia, if i drove more for work would defo have a dash mounted camera. Sadly Ireland is rife will people looking to pull this sort of thing and it is only getting worse.

          Comment


            #6
            Originally posted by sewa View Post
            My mate got done in a very similar way, absolutely minor tip, cops arrived and told us to clear the road, both cops said there is absolutely no damage to either car, mates insurance doubled after all three norries had whiplash
            Gardai have no influence on how a claim is settled down to the insurance companies alone, if no one is injured exchange details take a few pictuees on your phone and drive off don't sit in the middle of the road blocking traffic waiting for the Gardai to arrive who will then simply take down people's details and exchange them. I realise it is easier said then done.

            Comment


              #7
              With a bunch of norries? One of them could have died if you dont get the guards
              My computer thinks I'm gay
              What's the difference anyway
              When all the people do all day
              Is stare into a phone

              Comment


                #8
                Originally posted by cajjac View Post
                Gardai have no influence on how a claim is settled down to the insurance companies alone, if no one is injured exchange details take a few pictuees on your phone and drive off don't sit in the middle of the road blocking traffic waiting for the Gardai to arrive who will then simply take down people's details and exchange them. I realise it is easier said then done.
                Do NOT drive away before the cops come. Leaving the scene of an accident is an offence - plus, it doesn't help in defending.
                Ceterum censeo INM irrumandum esse.

                Comment


                  #9
                  Originally posted by Thomond78 View Post
                  Do NOT drive away before the cops come. Leaving the scene of an accident is an offence - plus, it doesn't help in defending.
                  So is wasting Garda time presumably?

                  If it's a simple fender bender with no injuries, agree to sort it out between yourselves (and insurers if necessary) and drive away (making sure any debris is picked up).
                  Yorn desh born, der ritt de gitt der gue,
                  Orn desh, dee born desh, de umn bork! bork! bork!

                  Comment


                    #10
                    I not talking about driving off, am saying exchange details and then leave obviously if it is a serious accident then the Gardai/ambulance/ fire brigade should be called to the accident. There is no legal requirement for the Gardai to come to the accident it can be notified at your local Garda station.

                    http://www.irishstatutebook.ie/1961/...zza24y1961s106

                    Comment


                      #11
                      I was driving up the road last week and this lad breaked in front of me. He was pulling in on the path quite obviously to pick up his Daughter and wife. I hit the back of his car on the back right. He was parked up I pulled over and he wouldnt move in the car. He just sat there like he had been stunned. He after maybe two minutes got out and hoppled around to the front of the car dragging himself and holding his back.
                      At this stage I knew I was fecked. A 98 Toyota Corolla which had more scrapes on it then could be counted.
                      He sat back into his car and ranng the gardai. He then rang an ambulance. He then rang his insurance company while his daughter took down my details. At this point she even said she doesnt know what he was at. He said he would need a need bumper and booth. He said that he hurt his back. Yet he could reach over to his glove compartment from the drivers side to get stuff.
                      I couldnt understand what they were saying as they were probably from Africa or somewhere like that.
                      I had a witness who was on the path who said he just braked.
                      Now I know if you hit anyone from behind your Libel but its still a killer. I had also rang to see how much longer the cops would be at tjhis stage.
                      His Daughter had good English and said she was sorry about things.
                      The ambulance came and he got out. He asked the driver of the ambulance to park up his car as he couldnt. The crew took pictures of car and couldnt believe it. It already had some old damage done to it.
                      Off he went in the ambulance. His wife and Daughter continued walking down the road. After waiting an hour the cops arrived. My witness had left but I gave the three gardai all the details and the witness details. They told me that there was really nothing they could do.
                      Ive spoken to the insurance broker at work about it and Ive to fill out details.
                      Its all a load of Ballox
                      When their numbers dwindled from 50 to 8, the other dwarves began to suspect Hungry

                      Comment


                        #12
                        Might I suggest that if anyone finds themselves in a similar situation in the future that they beat the scumbag to death with a bar or club of your preference before s/he has a chance to ring anyone.

                        Comment


                          #13
                          I thought the personal injuries assessment board thingy was supposed to fix these nonsense claims? Just another quango then
                          My computer thinks I'm gay
                          What's the difference anyway
                          When all the people do all day
                          Is stare into a phone

                          Comment


                            #14
                            Insurance companies are nearly as bad as the professional con men. We are legally required to be insured so they have a captive market. I had my (parked) car totalled by a drug addled driver a few years ago. They accepted liability but my own insurance company completely effed about and I was left without a car and got a pathetic payout on my wreck.

                            I couldn't hope to buy a like for like replacement with what I got from the insurance company and when I fought them they basically said 'see you in court'.

                            It's the same with medical and home insurance, they tell you you're covered and then when you claim you realise you been conned - again.

                            I'd burn the lot of them.
                            Munster – Champions of Europe 2006, 2008, 2019.

                            Comment


                              #15
                              Originally posted by sewa View Post
                              I thought the personal injuries assessment board thingy was supposed to fix these nonsense claims? Just another quango then
                              Largely, it's just added another layer of delay into the mix. They often take ages to decide on issuing assessments. It's a great gig for the quacks doing the medicals, mind, but that's about it.

                              Other than that, it's largely changed nothing. Claims that were always going to be bought off for nuisance money still are. But the damages have gone up, while the jurisdiction of the Circuit Court hasn't gone up in 20 years, so a lot more cases are now clogging uop the High Court. The legislation is there to increase it; it's been there for over a decade. No-one's brought it into effect. Net result is that judges who can try manslaughter cases and sentence someone to life for it aren't trusted to decide if a Merc is defective.

                              Which, if you'll pardon me, is daft. And pisses off every practitioner immensely, I may add.
                              Ceterum censeo INM irrumandum esse.

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