car accident who is at fault

At the end of some/most bus lanes where they merge into a normal traffic lane there is a painted yield triangle on the road, that or arrows directing the driver into traffic. Were there such markings? A yield would confirm the limo driver's liability, an arrow might indicate to merge with the traffic lane and would give a sign of priority.
 
It's very difficult for a professional driver to admit responsibility so they always blame the other party, and often quite aggressively. You need to stand up to him. Thats a very sweeping statement,yes I am a professional driver. Limo's aren't allowed in bus lanes anytime.
 
Brendan Burgess said:
I don't think you should report it to your insurance company, yet at least.

You should be claiming against him and not your own insurance company.

If he claims against your insurance company, it would be different.

Get an estimate and send it to his employer together with the witness statement.

Brendan
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Brendan

As far as I know, all insurance policies oblige you to inform them of any accident you are involved in, regardless of fault.

At least any policies I have had have this clause.
 
callybags said:
Brendan

As far as I know, all insurance policies oblige you to inform them of any accident you are involved in, regardless of fault.

At least any policies I have had have this clause.
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OK,

So do you report it and say - I will not be claiming on my policy. I will be claiming for damage to my car from him or his insurance company?

I would just be worried that one would lose one's no claims bonus while a claim was "pending".

Brendan
 
Brendan Burgess said:
OK,

So do you report it and say - I will not be claiming on my policy. I will be claiming for damage to my car from him or his insurance company?

I would just be worried that one would lose one's no claims bonus while a claim was "pending".

Brendan
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I had this very situation earlier this year.

It was fairly obvious that the third party was 100% at fault.

I first rang my insurance and told them the story. They sent me out a claim form which I completed. Part of the claim form asked who did I think was at fault.

They said that as I had comprehensive cover, they would look after the claim on my behalf without any effect on my no-claims bonus.

I had the option of having my car repaired under my comprehensive cover, but this would have risked my no-claims in the case of them not recovering the full amount for any reason.

It all worked out very smoothly in the end.

Having third party cover only might be a completely different story, but the obligation is still there to report to your insurance.
 
The best option in a situation like this is to report it to your insurance company, but tell them that you are not currently planning to claim through them. That way, you are in a position to put in a claim if needs be. If you don't notify them, and then try to make a claim in connection with that accident, you will be told where to go.
 
**Update**

I have contacted my insurance company as i'm fully comp they can fix my car but I would lose my bonus until they can win against the other guy.

Since I want to claim against the driver I have to contact his insurance company but it appears I will have to do all the work my insurance company have washed there hands of it unless I claim off my own policy or the third party claims which so far he hasn't.

Now I have a problem I got the third parties policy number but not his insurance company my insurance company cannot find the name of the company from the policy number alone.

I have repeatidly contacted the company the driver works for but they haven't/won't return my calls I will have to go to the garda and present my details only then will they contact the driver and he will then be forced to do the same (I don't know why a company won't give me the name of there insurance company)

I taught my insurance company would do the work i didn't think I would have to do much except fill in a form.
 
Your insurance company insures you against claims against you.

You are making a claim against someone else. Your insurance company has nothing to do with it.
 
Brendan Burgess said:
Your insurance company insures you against claims against you.

You are making a claim against someone else. Your insurance company has nothing to do with it.
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Thats what I understand from talking with my insurance company I just taught they would represent me and go to the other insurance company as it would be in there interest for me to win so they don't have to pay out.

It seems like I have to do alot to sort this out myself one of the reasons for this is because I didn't get all the information required at least I have learned from it.
 
cintec said:
It seems like I have to do alot to sort this out myself one of the reasons for this is because I didn't get all the information required at least I have learned from it.
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You need to contact the other parties insurance co. - and work from there. Write down EXACTLY what happened - blow by blow - for your own records first. Then take detailed notes of all correspondence with the insurance company (or companies).

Maybe go back to the site of the accident and take some digital pics - then edit them - and input details of accident - i.e. exact (or as near exact) location of your vehicle - and his vehicle - when he impacted you.
 
Brendan Burgess said:
You are making a claim against someone else. Your insurance company has nothing to do with it.
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My insurance policy stipulates that I must notify them immediately of any loss or incident likely to lead to a claim, whether my fault or not.
cintec said:
...it appears I will have to do all the work my insurance company have washed there hands of it unless I claim off my own policy or the third party claims which so far he hasn't.
[...]

I taught my insurance company would do the work i didn't think I would have to do much except fill in a form.
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Check your policy schedule and renewal notice to see if your premium includes an element for claims handling (on my own policy it's called a 'Claimsafe' policy and is an optional extra for €40-ish which I invariably decline (if I were to have to claim, I'd rather look after it myself than leave it up to a company which is in the pay of the insurance companies).

If you have such an extra, then contact the claim handlers and let them do the job you've paid for. As regards the limo company refusing to provide insurance details, you should advise them in writing that if they don't comply within a reasonable time you will refer the matter to your legal representatives.
 
**another update

The limo company still refuse to give me details and won't call me back.

I have contacted MIBI who informed me that the car doesn't have insurance according to there records and but gave me the name of the insurance company the policy is with.

I have contacted them and they have said that policy expired in 2010 I will be going to the guards on my break today to report this.
 
cintec said:
**another update

The limo company still refuse to give me details and won't call me back.

I have contacted MIBI who informed me that the car doesn't have insurance according to there records and but gave me the name of the insurance company the policy is with.

I have contacted them and they have said that policy expired in 2010 I will be going to the guards on my break today to report this.
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Exactly - go straight to the guards asap.
 
I have been to the guards and they are insured they have been stopped several times so the guards had there details on file and gave them to me.

I have contacted there insurance and logged a claim against them they hadn't even told there insurance company that they were involved in a crash.
 
cintec said:
I have been to the guards and they are insured they have been stopped several times so the guards had there details on file and gave them to me.
I have contacted there insurance and logged a claim against them they hadn't even told there insurance company that they were involved in a crash.
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Can you not impress on the gardai that this needs to be investigated on the basis of driving without due care? You need some way to get that witness statement cast in stone. Once you do that - together with the clarity of your own account of the accident, you should be fine. However, be mindful of both insurance companies - not just theirs - also, your own. Ensure that you are very very clear with them - that your position is that in NO way are you liable - and in no way do you consent to a claim being made against your insurance policy. If the other party challenges this - then you will both end up with significantly higher insurance premiums until such time as it's all sorted out - and if it goes legal, who knows how long that will take.

In the meantime, at the next opportunity that its convenient for you - go ahead and get a written estimate for repairs necessary to return the vehicle to its previous state pre-accident.
cintec said:
He kept trying to get me to accept blame which I wouldn't discuss with him my only reply was that I would let my insurance deal with it.
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I bet he did - the moment you admitted liability, you would have been in trouble.
 
serotoninsid said:
. Ensure that you are very very clear with them - that your position is that in NO way are you liable - and in no way do you consent to a claim being made against your insurance policy. .
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You dont have to consent to a claim being made against your policy. Your insurer can go ahead and settle a claim should they decide that your are liable regardless of what you say.
 
That's correct, but if they were to do so in the face of written reports, a witness statement and other evidence pointing to a clear-cut case of 100% liability on the other driver's part, the OP would have a very strong case for appealing it successfully to the Financial Services Ombudsman.

Insurance companies typically account for [broken link removed] of all complaints to the FSO. I don't know how many of them are upheld.
 
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