I read the article ‘‘Crash victim court out on insurance’’ with interest [ KMN, May 1].
From my reading of the article, I doubt that any case against AA would not succeed as Mrs O’halloran-price has no insurance, and thus she has no contractual arrangement with AA.
Mrs O’halloran-price’s claim would appear to be against the owner, or driver, of the car that caused the damage.
However, I understand that the onus is on Mrs O’halloran-price to prove that the other driver acted in a negligent manner and that negligence caused damage to her vehicle.
It is my understanding that third party insurance meets a vehicle owner’s, and their authorised driver’s, legal liability to pay for damage that they have caused to some one else’s property as a result of negligence.
AA as the insurer of a vehicle would have a duty to protect their client’s interests by denying a claim until the negligence of their client is proven. At the point that their client is proven to be