car accident- need advice

paulac

Hi,

I had an accident earlier this afternoon in the IFSC. Brief summary is I was in the queue of traffic to leave the ifsc and a taxi pulled in opposite me which meant that no cars going that direction could get past. As I was the last car in my lane I thought I would reverse to make room for them to overtake the taxi. I looked behind me and checked my mirrors and the road was clear (from what I could see) so I proceeded to reverse and I hit a motorcycle courier. I got such a fright so I stopped the engine and went over to him. The pedal of his motorbike and his foot was stuck under my rear bumper and he was lying on the road with the bike on top of him. He told me to move the car forward so he could get his foot loose which he couldn't because the car and the bike were stuck but a crowd had gathered and a few men lifted the bike up and he was able to get up. I suggested calling the police or an ambulance but he refused even though he said he thought his finger was broken and his foot was badly hurt, I also suggested that there was a medical centre 2 mins down the road and that perhaps we should go there to make sure he was ok. I apoligised and said that I didn't see him and offered to get him tea etc.

I was curious as to where he had come from as his bike's position was straight across the back of my car and an onlooker told me that he had been going across a pedestrian square on the bike and had come straight onto the road. I wrote down my name, mobile number and insurance details but he wouldn't take them off me and I don't even know his name. I was still trying to give him my details when he got back on his bike and drove off.

I'm not sure what to do about it now as I'm afriad he might have left still in shock and might be more hurt than he had first realised and has no way of contacting me. And maybe I'm being selfish but I'm also nervous that if he remembered my licence plate number and went to the police to try and get my details that it would look quite bad on my part as it would just be his word against mine. Any advice?

Victor

This board isn't for legal advice. To get proper legal advice you really need to talk to a solicitor.

However, if I were in such a position, I would write down as many details as I could and make a report to the Garda, just so its clear that its not a case of hit and run. You might consider notifying your insurance company also.

paulac

thanks victor!

My response was to say that I'm not looking for legal advice as its more a moral dilemma of should I just let it go but thinking about it moral and legal can more often than not go hand in hand! I think personally I was looking for some feedback and someone to tell me that I did everything that I could at the time because I'm still shook up about it!

Overheal

Victor: thats something Id never consider in a million years, and thats why its so brilliant

Id definitely endorse Victor's suggestion. Once you've reported the incident, the Gardai will have no reason to take it further if neither party is pressing charges. In terms of Public offense though (ie. Wreckless driving, etc) I suppose thats up to them: Ultimately, all you're admitting to is you were involved in a traffic accident and you'd like to make yourself available in case the other Party should wish to place a complaint. Worst case, you might pay a minor traffic ticket and an odd point or two, but I doubt it. On the plus side, you will have much greater Karma afterwards

kbell

Courrier might not have been insured, no licence ect... and didn't want to come to the attention of the gardai.

Overheal

Yeah, I wouldn't mind flying under the radar myself for my own good reason so I bet that was probably the case here..good catch kBell

dats_right

If the circumstances of the accident are as you describe then you will not face any prosecutions out of the accident. However, if the injured party so chooses, he will have very little difficulty proving negligence against you, and even if there is an issue of contributory negligence on his part (probably only 10-20%), you (well your insurance) would be liable for his injuries if he sues you.

Although he didn't not seem very eager to make a big deal of the incident( who knows why, perhaps he was disqualified from driving or some such) you cannot be certain that he will not decide to proceed against you. More likely, however; is that you have been very lucky and you will never hear about this accident again and will probably manage to avoid a claim against your insurance.

Maximilian

dats_right, your intentions are honestly commendable in offering advice but it is irresponsible of you to do so here. Advice as to prosecution, negligence etc should be given by the person's solicitor, if they choose to engage one.

striderswoe

notify the garda and your solictor just for the record. you have done as much as possible, and it would be extremely difficult to prove otherwise, ie, he crossed a pedestrian junction, etc. the garda will file it for "never" unless the courier is deranged.

morally don't worry as you have done as much as you could have and he after all refused help, which is not taken into consideration should events turn.

seamus

As others have already said, if your conscience is at you, report it to the Gardai, with as much information as you can possibly remember. You should do this anyway, conscience or no.

This means that if the courier does indeed end up coming back, you have everything on file and above board.

As someone else said, there's a good chance he was driving uninsured/untaxed/unlicenced, and just wanted to get the flock out of there before the Gardai showed up.

Sponge Bob

Dudes

The IFSC is bristling with quailty Hi def video cameras which could show dangerous driving by someone . They would still have SATURDAYS tapes but may overwrite them this friday . Do ask nicely. He can claim compo for up to 2 years so tell your insurance company what the video cameras show and leave a copy of the video tapes with your lawyer for the next 2 years just in case. The guards will not go get a copy of the tape although they may go view the tape if you arrange it for them and take a note of what they see.

Couriers normally claim compo at the very last possible minute so on the 1st of November 2008 the letter will arrive and his injuries will be only shocking . They also normally use an ambulance chaser to claim so make sure you get all of your costs back from the ambulance chaser if they do claim.

I know that from being a key witness FOR a courier once ...because the accident was not the couriers fault .

dats_right

Maximillan, I understand your cautious attitude towards the OP. Nonetheless, if the accident happended as the op claims then I would standby my advice Well, perhaps I should have said that OP is 'highly unlikely' to face prosecution rather than saying that she wouldn't). To be fair, I am involved in plaintiff and defence litigation on a daily basis so I do know what I'm talking about, and I think the incident as described by the OP is so straightforward as not to warrant any special disclaimers, etc re my advice.

There is absolutely no need for the Op to contact a solicitor (and even if she did contact her own solicitor they would probably not get involved as it would ultimately be a matter for her insurance co.)and even if this guy claims, as he is quite entitled to do, afterall he has in all likelihood suffered injury / loss as a result of another's negligence, then the OP's insurance company and their appointed legal representatives will deal with the claim and OP will not have any direct role in this process.

If she informs her insurance company there is every prospect that they will 'load' her insurance as a result of her honesty. If she informs the Gardai and this guy brings an action against her then she has gone along way towards proving the occurence of this accident for the plaintiff. If she sits tight and does nothing then the plaintiff will have to prove all the facts of his claim should he decide to initiate proceedings at a later stage, and the fact that the injured party did not report/ take details at the scene may cause him certain difficulties down the road.

I can say quite assuredly that the proper course of action is to do nothing and hope for the best. As for CCTV, etc. I don't quite understand what you want that to show? That will not benefit the Op in any way. I mean it is quite simple, if you reverse into somebody it is totally irrelevant that you thought the way was clear, you are negligent and responsible for the injury /loss suffered.