Property Damage

Had An Accident? Don't Panic!

At the accident scene you should exchange names, addresses, registration and insurance details with the driver of any other vehicle involved. If possible check these against licences or other documents. Obtain the names and addresses of any witnesses. Make sure that the accident is reported to the Police. If the Police decide to attend you must provide them with your personal details. They may require you to take a breath test. They may also charge you or the other driver with a traffic offence.

If you are insured report the accident to your insurance company as soon as possible. If anybody has been injured complete a 'Notification of Accident' form for the Motor Accidents Insurance Board. For further information see Motor Vehicle Accidents - Personal Injuries.

Admitting Liability

If your vehicle is insured you must not admit liability. This is even the case when it is obvious that the accident was your fault as this may be a breach of your insurance policy. Most policies require you to report the accident to your insurer without delay. They will then make the decision about liability. If uninsured do not admit liability. If required this can be done later.

Not Your Fault

If you are comprehensively insured, your insurance company will pay for the cost of repairs to your vehicle. You will be required to pay your excess. You may be able to recover your excess from the other driver through your insurer or by suing the other driver. If you have third party property damage insurance, you are responsible for the cost of repairs to your own vehicle, however, you can attempt to recover the cost from the driver at fault. The same applies if you are uninsured.

Quotes

If you are seeking damages from another driver then you must provide them with proof of the damage and estimated cost of repair. This is usually done by sending the other driver at least two quotes for repair of the damage from reputable repairers. The other driver has the option of accepting one of these quotes or negotiating with you. If the other driver wants to inspect the vehicle, or have a repairer or loss assessor inspect the vehicle, it would be sensible to allow that to occur as this may speed up the negotiation process.

Your Fault And Insured

If you are comprehensively insured your insurance company will pay for the cost of repairs to your vehicle, and if the accident is your fault, they will also pay for the repair of any other vehicle that was damaged. You will be required to pay the excess specified in your policy. If you have third party property damage insurance your insurance company will pay for the cost of repairs to the other vehicle if the accident was your fault. It will not pay for repairs to your vehicle. You will be required to pay the excess specified in your policy.

Your Fault And No Insurance

If the accident was your fault and you were uninsured then the owners of any other vehicles involved have the right to recover the cost of repairs to their vehicles from you.

The Legal Process

Following an accident you may receive a letter from the other driver, their insurance company or their lawyers. If you are insured you should give this to your insurance company immediately and they will respond on your behalf. If you are not insured it would be best to seek legal advice. If you receive a summons or a writ claiming damages you must take this to your insurer without delay or, if you are uninsured, get legal advice. This is vital, as there are strict time limits in dealing with legal processes.

Page Last Revised : Tuesday, February 7, 2006