Road traffic accident

Blanchguy

My brother was driving in a built up area. A council lorry crossed on to the wrong side of the road to park and struck his car. Both vehicles were moving. Guards arrived and more or less told everyone to sort it out themselves. Bro was on his own but a bystander at a bustop witnessed the incident and corroborates my brother's version of events. His car - worth about 4k is written off. No one was injured. Minor damage done to lorry.
Problem is - he has 3rd party. He claimed from the council's insurance, driver and his mate gave statements saying they were parked when my brother struck them. Council's insurance company say that as such they have no liability, guards say it's not their job to investigate accidents. No one has approached the bystander for a statement.
Is my brother's only option to go legal? Obviously he's risking a lot of costs for a small return if say his witness doesn't turn up and the judge decides it's 50/50 or worse.
Could he for example make a statement to the guards alleging dangerous driving? Would the guards follow this up?

servicecharge

If the Gardai attended the scene they should have drawn up an incident report regardless of the fact there were no injuries. I would suggest you go to the local station, find out what garda attended. If they observed the scene they should be able to corroborate the evidence that the council lorry not parked or dangerously parked.

McCrack

Youre asking for a Garda Abstract Report from them, I'd honestly say to your brother to contact a solicitor, legal costs can be claimed from the other side.

Bear in mind the insurance cos. by their very nature will want to settle for as little as possible.

Blanchguy

My brother spoke to the Garda since - Her response was "It's not up to us to investigate accidents". She told him to talk to his insurance company. They've washed their hands as he's 3rd party. Council's insurance company say they're not taking any further action. With 2 witness on one side saying Black and one + one possible other if she turns up saying White, it's easy to see how a judge could go 50/50 or worse leaving my bro out 10k instead of 5k....

mikemac

Gardai cannot possibly investigate every accident.
If somebody is hurt they will attend but if it's only vehicle damage then they'll only attend if possible and even then it's only to take details.

This is why when you call them and ask them to attend the first question you'll be asked is if somebody is hurt.

If this goes to court it'll be for the judge to decide and by then your witness may have pulled out. I mean they are going to have a give a statement and they might consider it a lot of hassle for no thanks.
Don't be suprised if you lose your witness

Blanchguy

So is his only option the 4 courts? I mean it's only property damage and if someone could talk to the other driver it can be sorted out. But essentially the guards have said that they aren't interested in criminal damage and fraud? It does seem a bit unfair on my brother if someone can drive down the wrong side of the road, crash in to him and claim they were parked! He's now down a car...

Victor

He needs to talk to a solicitor to get a better idea of where he stands.

An independent witness will on average trump an involved witness.

Let the solicitor get a witness statement and half the battle is won.

servicecharge

You need to get a solicitor on record. Most insurance companies will deny every single claim until a solicitor is on record.

A solicitor will be able to get an affidavit from your witness and summons the Garda to give evidence. The Gardai did attend so they will be able to say they came upon the scene and witnessed a lorry on the wrong side of the road.