Hypothetical situation

Dan133269

Consider the following hypothetical situation.

If I were parked on a hill, sitting in my car, and an unoccupied parked car starts rolling slowly down behind me hitting my car and remains resting against the back of my car. I want to pull off so after searching for the driver I contact the Gardai and they come along with a tow truck to bring the car away. Minor damage is caused to my car which will cost money to repair.

I am instructed by the Garda that they will contact me with the insurance details of the owner of the other car as it obviously his/her negligence that caused the damage to my car, and thankfully their negligence didn't result in someone being seriously injured. However, the said Garda nor any other Garda contacts me to give me insurance details. Upon contacting the Garda station I am informed that the owner of the car has collected it, and the Gardai have no insurance details for that person, only their name and address.

The Garda in question has said that only he can deal with this situation as he called out in the first place, and that he will contact me in the near future with the person's insurance details.

What legal rights would I have if this hypothetical situation were to arise. Could I compel the Gardai to give me that person's name and address in order for me to contact him/her directly and find out their insurance details? Would it be absolute nonsense for the Gardai to say only a particular person who is now on holidays, busy etc can deal with the information you require? Conveniently, I'm sure if you committed a criminal offence the Gardai would not take such an approach.

Any thoughts much appreciated

twowheelsonly

I would imagine that he will be only too willing to give you the name and address as it is basically a civil matter and not really a Garda matter as nobody was injured. As the car owner is only too aware that the Gardaí are involved then it should not present a problem.
Chances are that the Garda involved could quite possibly be on holidays/away but he's the one that will have the notes on the incident so it's basically 'his case' and up to him to give out the details to you.

Legally, I'm sure that a letter from your solicitor to the relevant Superintendent will get the result that you want if that Garda is unavailable.

Dan133269

twowheelsonly wrote: »

I would imagine that he will be only too willing to give you the name and address as it is basically a civil matter and not really a Garda matter as nobody was injured. As the car owner is only too aware that the Gardaí are involved then it should not present a problem.
Chances are that the Garda involved could quite possibly be on holidays/away but he's the one that will have the notes on the incident so it's basically 'his case' and up to him to give out the details to you.

Legally, I'm sure that a letter from your solicitor to the relevant Superintendent will get the result that you want if that Garda is unavailable.

thanks for quick reply.

Reloc8

If the driver is not identified to you you are dealing with an unidentified and/or uninsured driver, which makes your case against the MIBI.

Del2005

Dan133269 wrote: »

Consider the following hypothetical situation.

If I were parked on a hill, sitting in my car, and an unoccupied parked car starts rolling slowly down behind me hitting my car and remains resting against the back of my car. I want to pull off so after searching for the driver I contact the Gardai and they come along with a tow truck to bring the car away. Minor damage is caused to my car which will cost money to repair.

I am instructed by the Garda that they will contact me with the insurance details of the owner of the other car as it obviously his/her negligence that caused the damage to my car, and thankfully their negligence didn't result in someone being seriously injured. However, the said Garda nor any other Garda contacts me to give me insurance details. Upon contacting the Garda station I am informed that the owner of the car has collected it, and the Gardai have no insurance details for that person, only their name and address.

The Garda in question has said that only he can deal with this situation as he called out in the first place, and that he will contact me in the near future with the person's insurance details.

What legal rights would I have if this hypothetical situation were to arise. Could I compel the Gardai to give me that person's name and address in order for me to contact him/her directly and find out their insurance details? Would it be absolute nonsense for the Gardai to say only a particular person who is now on holidays, busy etc can deal with the information you require? Conveniently, I'm sure if you committed a criminal offence the Gardai would not take such an approach.

Any thoughts much appreciated

A man in a van crashed into me a few years ago. I got all his info no problems. When I went to the Garda station to report the crash the Guard said if the van driver messed me about to drop back down and he'd get me the man's info. Luckily the man paid for all damages without any hassle.

Once you have the reg of the car you can claim from the MIBI as Reloc8 said. They will then chase up the cars owner for any money paid out.