Insurance Claim Advice

Hi,

I was recently involved in a car accident in a car park. A car was parked on a double yellow line as I drove past the driver opened his car door subsequently damaging both mine and his car. My car has being damaged the most with around €3000 worth of repairs. I believe that the driver is 100% responsible for the following reasons:
- Illeagally parked on a double yellow line and did not even have the hazard lights on (I called the Gardai who issued the driver with a ticket for parking on a double yellow line).
- Failed to look in his mirror to see if a car was coming. The car door was not open when I initally moved to pass (I was as far over as I could go on the road). It is quite obvious from the damage on my car that he opened his door while I passed him.

However I have heard from numerous people that I am fault regardless of the situation as he was stationary and I was the moving the car. How can this be and why should I lose out??????? How could I have foreseen that the driver was going to open his car door and I was as far over on the road as I could possibly go.

I have contacted his insurance company however 4 days since the accident and he has still failed to report the incident to them. They are investigating and I am hoping to hear back from them asap.

I am fully comp with a full licience and this would of being my 4th year with a NCB. If the isurance company do not admit liability how should I proceed - I do not want to claim from my own insurance however could not afford to pay for the repairs. Any advice would be great. Thanks

Settled a similar claim to this last year, in the accident that I dealt with lady parked and was exiting her vehicle and 3rd party was going past in slow moving traffic. Lady maintained that 3rd party was to blame - a motor assessor sorted it all out - 3rd party wasn't to blame, parked vehicle was to blame as she didn't exercise due care when exiting. Have you informed your own insurance company - they should be able to fight your corner for you.

Assuming that the events panned out in the manner that you described, the other persons insurance should settle for your damage, depreciation, car-hire for down-time, inconvenience etc. I'd give them another bell, could just be Easter back-log. Insist on an assessor for your vehicle and give them a strict time limit to get things moving - (stating that you have taken legal advice chivvies them along too!)

Thanks ACA for the reply.

I am still waiting to hear back from the other drivers insurance company. But I do not think it is going to go my way - the other driver is adamant that it is my fault and I am not going to budge either. I have contacted my own insurance company now and they have advised me to go and get the car fixed once it is assessed and let them deal with it from there.

Do you think that it is better for me to get my car fixed through my own insurance and let the insurance companies fight it out between them? The whole situation is just making me so annoyed especially because I know face the prospect of losing my NCB and facing heavy premium when I renew next year?

Thanks in advance.

Joanne

hi Joanne, you can claim thru your comp but as you've already realised, this with mean that your NCB will be affected. And it takes some of the speed out of the claim - other insurance co. will drag their heels to settle.

Get your insurance company to assess both vehicles and the assessor report should settle all the arguments. Getting your insurance company to do the assessment will not affect your NCB or put loading on your policy upon renewal unless it is the assessor qualified opinion that the accident was your fault. The motor assessor is entirely independent so the other insurance company, (who may well have used him too, on occasion), will abide by his report. If liability is proved to be the other party - your insurance company will bill them for the assessor fees.

Either way it should be resolved fairly quickly once the assessment is complete. Best of luck, Amanda

Hi,

Thanks for the advice so far.

Does anyone know how long it should take for the insurance company to make a decision on the claim?

It took 7 working days (from the accident) and numerous phone calls to get the assessor out to look at my car. I rang the insurance company 3 working days after this. I was told that the insurance company would not be making any quick decisions about the claim and they would be in touch towards the end of the following week which would be 8 days after the assessor was out and over 3 weeks since the accident happened. Meanwhile I am still left with my damaged car.

I know that I can get it fixed through my own insurance however would rather not as I would have to pay around €400 upfront (€200 excess and €200 car hire). I would be out of pocket for an accident that was not my fault. I have had an assessor from my own insurance company out to look at the car.

Thanks

Some assessors can take about a week to submit their report, this could be slowing the claim down.

If all else fails as stated in an earlier post of mine, tell them that you have taken legal advice and your own insurance company is going to fully defend this claim.

Update: Insurance Claim Advice

Hi ACA,

I just wanted to give you an update. Kept at the insurance company and eventually heard that they are going to pay out on the claim - they are sending out a cheque to cover the repairs, car hire and depreciation. I am well pleased and glad I stuck with it and did not leave it up to my insurance company.

Thanks for the advice.

cool - delighted for you!