Motor Claim made against wife

E

EI8YU

Guest
Two years ago we were up in Derry and were parked in a council car park.

As my wife was reversing out of our spot, someone driving the wrong way around the car park hit our car. The impact speed was very low, a snails pace. No one was visibily hurt.

Everyone got out of their cars, dents were observed and photos were taken. The other party called in her dad who really didn't want us calling the police.

Our view was that the other party was at fault and we had no qualms handing over our details, they refused to hand over theirs.

Back in Dublin a week later we get a letter directly from their solicior claiming neck injuries and stress etc, etc. Our insurer also tells us that a claim was made against my wifes policy.

Our insurer hired an accidnent investigator who compiled a report based on ROI law and not NI law - there is a big distinction in who gets the blame for such accidents in these situations.

Yesterday we got a letter saying our insurer had paid out €6,500 for injury and €3,500 for legal fees. They put up no fight.

We have a big issue with this because we have pictures showing the other persons car pointing against the flow of traffic and directional arrows in the car park and also showing her lifting her 6 year old son straight after the accident, when she had claimed to be suffering from agonising neck and spinal pain. We also have major issues with the investigaor our insurance comapny hired. He got his jurisdictions cofused and insisted on buying our 9 month old son underwear, something we found a bit creey.

We know in hindsight we shoudl have called the police, but what's done s done. We'll know better if anythign similar happens again. I spoke to a PSNI officer who said he would have charged the other party with dangerous driving had they have been called out.

Now that our insurers have paid out is there anything we can do? They can pay out all they want as far as we are are concerned, but not if it affects my wifes premiums which it probably will.

Are we stuck with this situation now?

Thanks!
 
Yes you are. There is a big difference between what the law is on the road as opposed to where liability rests in an accident. If someone were to be illegaly parked and you damaged their vehicle you would still be responsible for the damage.

As far as I know it is the driver that is reversing that the onus is on to ensure the way is clear. You would not have had the right of way here. Regardless of what direction the other party was going.
 
Could you lodge a counter claim now for injury? The bit about the investigator buying your infant son underwear is weird. Derry, and many other places, has an ongoing problem with car park 'dings' turning into claims which are then settled by insurance companies, often without informing the policyholder.

Always call the cops!
 
EI8YU said:
We also have major issues with the investigaor our insurance comapny hired. He got his jurisdictions cofused and insisted on buying our 9 month old son underwear, something we found a bit creey.
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Maybe this is something that you should be reporting to your Insurance Company?
 
I had a similar thing many years ago when they even admitted to the garda it was their fault. Seem like the insurance company is promoting fraudelent claims
Could you not have taken insurance details from their windscreen sticker?
 
how is it promoting fraudulent claims. You don't have the right of way when reversing!
 
roker said:
I had a similar thing many years ago when they even admitted to the garda it was their fault. Seem like the insurance company is promoting fraudelent claims
Could you not have taken insurance details from their windscreen sticker?
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Presumably as it was in Derry it could have been a Northern reg car so no insurance cert in window.
 
peteb said:
If someone were to be illegaly parked and you damaged their vehicle you would still be responsible for the damage.
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At the start of my driving career(!), I reversed out of my parking space in a shopping centre and low and behold a car parked perpendicular to mine behind and my hitch dented a nice dent in their driver door. Man went cracked at me, I called the gardai and they said he was illegal parked. He swore everything under the sun but no insurance details exchanged just we had to produce driving licences.....
 
peteb said:
how is it promoting fraudulent claims. You don't have the right of way when reversing!
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I was not referring to the accident, I was referring to to insurance company paying without getting the full facts from the insured for compensation claims
 
nope. Depends on the speed at impact. Its not as simple as you want it to be.
 
peteb said:
nope. Depends on the speed at impact. Its not as simple as you want it to be.
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On the contrary I want nothing except to be aware of the complexities of a situation where you have to reverse so I can avoid it while you appear to want to have a point ?
 
just dont be involved in a collision whilst reversing so. as you have seen from the op the balance of probabilities is against you should it happen. but each situation presents its own complexities.
 
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