car reversed in to my car

L

lucan 07

Registered User
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22
hi
this is my first crash .
i was drining on the main road in a housing est whe a jeep reversed in to me .
who is at fault ?a car behind me stopped to say they seen it and would be my witness .
the driver is sayin i was dring fast but i was not .and the witness agrees with me .
i have reported it to the insur company and the guards .
my insur have said he was not covered on the policy of the jeep
so i have to get my car fixed on my insur ????? is this right ?
does any know ????
 
I'm not an expert, and my experiance has been of being the driver in the wrong, but if a car is reversing onto a main road, then it gives way to traffic on the road, which would put the driver of the jeep in the wrong.

Has the guy any insurance? Did you get his insurance details and name and address at the scene? Did the guards get his details? If he is not insured, then your options are probably to claim on your own insurance, pay for the damage yourself, or sue him directly.

It may be worth noting (remember that I was not there and this is a general thing), that it's worth driving extra carefully. You may be in the right in this case, but it's still a lot of hassle, and no guarantee that you will get the damage paid for.
 
terrysgirl33 said:
I'm not an expert, and my experiance has been of being the driver in the wrong, but if a car is reversing onto a main road, then it gives way to traffic on the road, which would put the driver of the jeep in the wrong.

Has the guy any insurance? Did you get his insurance details and name and address at the scene? Did the guards get his details? If he is not insured, then your options are probably to claim on your own insurance, pay for the damage yourself, or sue him directly.

It may be worth noting (remember that I was not there and this is a general thing), that it's worth driving extra carefully. You may be in the right in this case, but it's still a lot of hassle, and no guarantee that you will get the damage paid for.
Click to expand...

If the other driver has no insurance then MABS is the way to go.
 
You could also make a conplaint to the guards and have him prosecuted for not having insurance - if it is true what your insurance compnay tell you that he is not. It might make him think also when driving to do it carefully.
 
If he's not covered to drive the jeep then surely he's personally liable for the damage caused to both vehicles given that the crash was his fault.
 
Based on the facts that you have outlined the burden of proof would be on the other driver.

If the other driver was not covered by insurance then I am afraid that you or your insurance company will have to pay the cost of repairing your car. MIBI only covers liability claims i.e. it would cover any injuries to you but not the cost or repairing your car.

Assuming that you have comprehensive insurance cover then check to see if you have no-claim bonus protection or a step back plan. Many policy have these as standard now and they would protect you against your premium increasing.


 
REpasting an old reply:

From the FAQs on the website of MIBI:

Quote:
What can I claim for? These are set out in detail in the MIBI Agreement and are regulated to a European standard. The following is a brief summary. Injury If you are injured in an accident caused by an uninsured or untraced motorist you may claim the same compensation entitlements as if the motorist was insured.
Damage to property Where the damage has been caused by an uninsured motorist you may again claim the same entitlements as if the motorist was insured, BUT you will have to pay the first €440 yourself. If the vehicle was stolen, then the amount which you have to pay becomes €220. Your entitlement extends to necessary car hire and other reasonable costs
If the damage was caused by an untraced vehicle, unfortunately you cannot claim </SPAN>



The highlighting is mine.
 
You can definitley claim through MIBI. All you have to do is ask you insurance to process the claim through MIBI. Your insurance should deal with it and you should only be out of pocket (unfortunately) your policy excess instead of the original €440 fee to claim through MIBI.
Also your insurance should not be affected at all and you should keep your NCB.
 
Bobbles/Vanilla are 100% correct. Your insurance company will act as though they are the MIBI and settle your claim less MIBI applied excess. You can then seek reimbursement of the excess via a solicitor or directly yourself from the driver of the jeep.

Depending on the age of your vehicle, you may be entitled to depreciation too. You should also be settled for any reasonable out of pocket costs - car-hire for repair down-time, loss of earnings, (if you can prove that you didn't go to work because of the accident), GP fees, (if applicable) etc.
 
hi
can any one give me the name of a good solicitor , as i am now out of pocket for hire car and doc and he has not filled in a claim form a yet ...
so its still up in the air .
 
Bit confused - why do you need a solicitor? Your insurance company SHOULD settle your claim without any effect on your policy if jeep driver has no insurance. If he has car insurance of any description (tho not on the jeep) you can claim thru his car insurance as he would have most likely been driving on his 3rd party extension. If he's insured on the jeep, claim thru that policy. Gardai should have all the details - if you don't.
 
my insur company keep telling me thay have not heard from his yet .
and i have had to get my car fixed on my insur .
mine is up in march so i am going to have to lose my no claimes
have got my car back and its still not right
have been on to were i got it fixed and they were to call me back and have not .
i thought it would have been sorted quicker than this so was thinkin if i get a solicitor it might speed it up ?
 
You can speed up the process by applying pressure yourself. Find out who his insurance company are and start hassling them - explain that your insurance is up shortly and unless this claim gets resolved to your satisfaction VERY quickly, you will be forced to seek more than just repairs for your vehicle - inconvenience, reimbursement of extra insurance costs etc etc etc. Lay it on with a trowel if you have to! I am open to correction but, using a solicitor will not speed things up - worth threatening the other insurance company with tho!
 
Did your own insurance company not provide you with a hire car? With regards the repairs not being up to standard, drop the car back into the repair shop and ask them to provide you with a courtesy car while yours is being re-fixed. You might also want to let your insurance company know of any hassles you have with the repair shop.
 
yes they did give me a car for 5 days my car was gone for over 2 weeks
will try the above thanks
 
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