Dealing with the aftermath of a car accident can be overwhelming, particularly when it comes to paying for repairs. If you were in a crash that wasn’t your fault, you might be wondering who is responsible for covering the repair costs.
Responsibility for Repairs
In theory, the at-fault party’s insurance should cover your repair expenses. If repairs and car hire total €3,000, for instance, you should receive reimbursement for the same amount. However, it’s crucial to mitigate your losses by avoiding unnecessary expenses, such as renting an excessively expensive car. The other party’s insurance will only compensate for reasonable costs.
Steps to Take
- Communicate with Mechanics: Have your mechanic itemise the repair costs in writing. Share this with the other party’s insurer for approval before proceeding with repairs.
- Notify the Insurer: Inform the other party’s insurance about your intention to repair and request their assessor to examine the damage.
Understanding Your Insurance Policy
Familiarise yourself with your car insurance policy to ensure all documentation is in order and maintain clear communication with your insurer.
Seeking Medical and Legal Advice
If you’ve suffered injuries, seek medical attention immediately. Some symptoms may not appear right away, so early evaluation is vital. Also, consult legal advice for potential injury claims.
Immediate Actions After an Accident
- Ensure Safety: First, stop your vehicle and ensure everyone’s safety. Check for injuries and call emergency services if needed.
- Document the Scene: Take photos of the accident.
- Exchange details with the other party: Exchange contact details with the other party involved in the accident, including names, addresses, phone numbers, and insurance information. Make sure to get the registration number of the other vehicle and the name of the insurance company. This information will be useful when making a car accident claim. Having accurate contact details ensures that the claims process can proceed smoothly.
- Report the incident to the authorities: It’s essential to report the car accident to the authorities as soon as possible. If someone is injured or there is significant damage to the vehicles, call the Gardaí (telephone 999 or 112) immediately. Even if the accident is minor, it’s still important to report it to the authorities within 24 hours. This will help ensure that the accident is documented and can be used as evidence when making a car accident claim.
When reporting the accident, provide as much detail as possible, including:
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- The location and time of the accident
- The vehicles involved, including registration numbers and descriptions
- The names and contact details of the parties involved
- Any injuries or damage sustained
- Any witness statements or contact details
- Notify your insurance company: Remember to also notify your insurance company as soon as possible, even if the accident was not your fault. They will guide you through the next steps and help you with the claims process.
Your Repair Rights
You may choose your repair shop despite the insurance company’s recommendations. Our legal advisors can provide more guidance on this matter.
Recoverable Costs Include:
- Repair Costs: The cost to restore your vehicle to its pre-accident condition. If repaired a Certificate of Roadworthiness is required.
- Depreciation: Compensation for any loss in vehicle value post-accident.
- Car Hire: Expenses for reasonable car hire while your car is being repaired.
- Other Material Losses: If you have had material items damaged in your vehicle as a result of the road traffic accident, such as a child seat (if there were child restraints in the car at the time of impact it is recommended that they be replaced under road safety regulations), phone kit or radio, motor insurance may cover the cost of replacing the lost or damaged items. You are entitled to recover the reasonable cost of replacing the lost or damaged items.
- Write-offs: Compensation for a car deemed uneconomical to repair. Salvage offers are obtained in cases where the vehicle is a write off.
Categories of write offs:-
- End of life category A: The vehicle is a total loss and cannot be returned to the road and has no salvageable parts. The vehicle must be disposed of and a Certificate of Destruction issued.
- End of life category B: The vehicle is a total loss and cannot be returned on the road. Roadworthy and non-structural parts and components may be removed before being destroyed. The vehicle must be disposed of and a Certificate of Destruction issued.
- Category C write off: The vehicle is repairable, but repairs exceed the value of the vehicle.If repaired a Certificate of Roadworthiness is required.
- Category D write off: The cost of repairs amounts to a large percentage of the vehicle’s pre-accident value.
Material Damage Assistance
We offer support in engaging assessors, coordinating with repair shops, and arranging towing and storage if required. Our goal is to facilitate your claims process and keep you informed at every step.
Material damage procedure. What we do.
- Engage a motor assessor to carry out an inspection of the vehicle and report.
- Liaise with your chosen repair shop to provide an estimate of the damage.
- Establish if liability is conceded.
- Was there a child seat in the vehicle? If so, we get an estimate for replacement from you (in accordance with road safety regulations).
- Is the vehicle a write off? You may be entitled to a maximum of two weeks of car hire.
- Is the vehicle unsafe to drive? You may be entitled to a maximum of two weeks of car hire.
- We will arrange towing and storage if required.
- We provide car hire if required.
- Repair: car hire is for the duration of the repairs only unless the car is deemed unsafe to drive by the Motor Assessor and repairing garage.
- Negotiate with the third party insurance company.
- Keep you updated on progress.
- Diminished Value/Depreciation: Depending on the age of the vehicle, depreciation or diminished value may apply.
Making a claim for an accident that was not your fault should not affect your no claims bonus, and should not increase your future insurance premiums.
What if the Responsible Party is an Uninsured Driver?
If the third-party driver lacks insurance, you can still file a claim and recover your losses through the Motor Insurers Bureau of Ireland (MIBI) under specific conditions.
What if Accident Liability is Contested?
Disagreements can arise over traffic laws and the details of how an accident happened. Issues like roundabout lane use, turn signals, and right-of-way can be points of contention. Each case may present its own unique variables. In personal injury cases, understanding the timelines for filing claims and key legal considerations, such as the statute of limitations and the potential for court proceedings, is essential. Seeking legal advice is advisable in such disputes to clarify your position
For over fifty years, we’ve supported clients with material damage and car accident claims. Contact our experienced advisors for assistance.
Get in Touch
Call us at 1800 207 207 or email [email protected]. Our services are available nationwide through our offices in Dublin, Limerick, and Cork.
