help needed

tabatha

can anyone help on this one please.

my sister's husband was in a car accident a couple of weeks ago. a 40ft lorry crashed into his car. both the car and the lorry were a right off. police came and took reports. the lorry driver was from holland. to cut a long story short, the lorry driver was found at fault but turns out he gave false information to the gardas. they dont know where he is! anyway, my sisters husband ended up in hospital and is still in physo. the assor came today and declared the car a right off. he called my sister later and told her that the cars left tyre is bald and the car was therefore unroadworthy.

will this affect there claim for the car with the bureau?

AMurphy

You do still have the information on the truck, ie, plate numbers, owners name, ins disk details, etc. Let them find the driver of the day.

tabatha

yes we do but the gardas have said it was all false information he gave. they have no way of tracing him! makes u worry when you hear that, what if my brother in law had of been killed?

stevenmu

Surely they can trace the truck back through the country it's registered in (holland presumably) through it's plate numbers. The company could then trace the driver through it's records.

It's hard to know what affect the bald tyre would have, it depends on what happened and whether or not it was a 'contributing factor' in the crash. It could be determined that it wasn't in which case it shouldn't affect any claim, or it could be deemed to be partly responsible in which case the claim would be reduced by an appropriate percentage.

tabatha

thanks for your replies.

all i know is that the garda have said that they cant find the guy, false plates false insurance etc... the garda have determined that the truck driver was at fault. he was on the other side of the road coming around a cornor. there was nothing that my brother in law could have done to avoid it. the bald tyre was on the left hand side of the car and he was hit on the right. dont know if this makes a difference. do you think that the garda might just be lazy in this circumstance or would they have exausted all possibilities do u think?

Turner

The owner of the truck is legally obliged to say who was driving his truck at x point in time. If the driver gave all false info to him too then your claim would be with the MIBI.

The owner of the truck might be liable to prosecution if he was negligent as to if he checked his employee's identity/license before letting him drive his truck.

Having a bald tyre can make your car unroadworthy.. but did it cause or was it a factor of the crash???

Squirrel

Surely there'd be a written off Dutch lorry somewhere in some scrap-yard presumably in the area. If there is look for details there. A written off lorry wouldn't get too far

tabatha

sorry, just told that it wasnt written off. a chunk of the front of it came off. the driver was allowed to collect it as the garda said that they have all the information they needed. the assor today was from the mibi.

Turner

Just read that its a polish truck...so nothing really can be done about it especially if it had false plates. If the truck is a write off I presume it is still in this country...

Possibly check the VIN number on the chassis and enquire with the polish licensing authority to check out the last registered owner etc etc.

Most that this guy could be done for is failing to provide appropriate information following an accident and as far as i know that is a summary offence.

Having a bald tyre would probably affect your brothers braking distance. Unlikely that a prosecution will take place against your brother though in these circumstances.

tabatha

how did u know its a polish truck?

tabatha

he was coming around a cornor. his friend was in a car infront of him. the friend managed to swerve out of the way into a ditch but my brother in law didnt have that much luck. there was nothing he could do. the garda thought that they could do him for dangerous driving at the time but found that on that paticular stretch of road the was no weight limit so there was nothing they could do. they said that the road was to narrow for his truck so he had to come over onto the other side of the road.

Turner

tabatha wrote:

how did u know its a polish truck?

Sorry i meant dutch.

AMurphy

tabatha wrote:

yes we do but the gardas have said it was all false information he gave. they have no way of tracing him! makes u worry when you hear that, what if my brother in law had of been killed?

You mean the registration plates, ins documents, passport or other travel docs were all false?.
And the written off truck is where exactly now?.

HI Guys, this adds further fuel to the "REQUIREMENT" you carry a cheap disposable camera in your car.... and use it. (replace it every New years.)
Last incident I had ROI side, I have the "other party" in the scene. Actually he turned out to be a good guy, and paid up on demand, no if, ands, or buts.

Or else we'll have to ask AlfaGuy to petition the Minister to "Texas Style", ie put "The Culprit" in jail until you post a bail bond (eg $10K), pay the fine or the facts be verified... anything but let you cross the state line.

pred racer

I was told by a Garda that if anyone from out of state, esp lorries were involved in a serious accident, as this seems to be. That the out of state driver was arrested/taken to a station and held until his insurance details could be verified.
And yes the gards are LAZY and will not do anything unless they have to.
Have your solicitor contact them!

I had a gard give me false info at the scene of an accident so he wouldnt have to deal with it.......Lazy B@stard