These are some of the Motor Accidents FAQ’s that we receive here.
1: What is a material damage claim?
In the context of a road traffic accident, it involves a claim seeking to recover the cost of vehicle damage repairs or vehicle replacement, and other consequential losses such as car hire, depreciation, towing and storage charges, assessor’s fees, and the cost of repairing or replacing other property damaged in the accident.
2: How do I make a material damage claim?
The first step in the process is to arrange to speak to a solicitor. The solicitor will be in a position to immediately assess your claim and advise you.
3: When should I make a claim?
It is always best to deal with motor accident claims as soon as possible. The Statute of Limitations allows an injured person only 2 years from the date of the accident to issue proceedings. Although there is an obligation to deliver a notice of claim within a period of 2 months following an accident. In the case of material damage only claims, the relevant period is 6 years
4: What am I entitled to claim?
If the accident was not your fault, you may be entitled to:
- The full cost of repairs
- The reasonable costs of towing and storage of your vehicle
- The cost of reasonable car hire or a sum for loss of use
- A sum for depreciation depending on the age of your vehicle
- The cost of replacing any damaged property, such as a car seat or other items
- The difference between the pre-accident value of your car and the post-accident value (salvage value) if your car is ‘written off’
- If you have suffered personal injuries – the cost of medical treatment and rehabilitation, loss of earnings and other expenses, and compensation for pain and suffering
5: Do I have to use the insurance company’s suggested repairer?
There is no obligation on you to use an insurer’s garage. You may get an estimate of repair from a garage of your choice. It is always best to have a motor assessor agree the figures before carrying out any repairs. Once the figures are agreed and a settlement is reached you may arrange to repair your vehicle at your garage of choice.
6: Do I have to accept any offer made?
No. You are entitled to recover the full cost of repairs and any other reasonable costs and expenses necessarily incurred such as car hire, towing and storage, depreciation (if applicable), and other property damage losses. If you feel that the offer made by the third party insurer is insufficient then it is open to you to reject the offer and seek better terms, and if necessary, issue proceedings in order to recover your loss.
If you require any further assistance with a motor accident case, please contact us on 094 9024116 or email us at reception@paulomalley.net.
