Sueing MIBI because they wont accept claim relating to traffic accident!..

Eamonn T

I would appreciate some advice on my current situation, Last August I was involved in a Road traffic accident I was struck on my drivers door while stopped at a junction by a van attempting to negotiate the junction with a little to much speed !.. He reversed back and sped away from the accident. I knocked my head against the drivers door window, shattered it and I was knocked on conscious, I also sustained some more serious injuries. I got a glimpse of the van enough to see that it was a white Mercedes van with a blue stripe that was similar to vans used by a company who performs maintenance to machinery at a local quarry. A witness who stopped when passing by and seen the accident also thought it was one of this companies vans. Both of us failed to get the registration however.

I contacted the gardai who searched the area for this van but turned up no results. I also give a statement a few days later. I contacted local hotels to check if there was any of this company employees staying there on the night of the accident as they usually stay in local hotels when working in the area but no results, I also contacted local garages and the main Mercedes dealer to check if they repaired the van but I turned up no results there either. I contacted the company I suspected owned the van but they denied being in the area on this night.

I contacted a solicitor who advised me to claim compensation for my injuries and the damage of my jeep from the MIBI as the vehicle was untraced. The company I thought owned the van has informed my solicitor that all their vans are fitted with satellite trackers and they have supplied us with logs which show none of their vans in this area on the night of the accident so looks like I was wrong and it was a similar van to theirs but not one of theirs.

However now the MIBI have refused to accept the claim and have basically told my solicitor he should be suing the Company I had thought owned the van, A case we would clearly loose and incur their legal costs.

My solicitor now wrote to the MIBI asking them to confirm in righting that they wish us to sue this company based on a suspicion that seems to have been wrong and if they do he will be seeking any costs incurred by me from this case from them ( the MIBI ).
I was wondering if anyone has any advice for me regarding this situation and what happens next ect as I am not at all familiar with courts or insurance claims ect.

How long will it take to get a court date if my solicitor gets a barrister to take the case to the circuit court. Iv been told anything up to 10 years!.. ??

Shield

The information you have given is so specific, and because we don't give any form of legal advice on the site, you might not get the kind of responses which will help you in any significant way.

The best and most common advice this forum offers when detailed specifics are given out is to get yourself a good solicitor and direct any and all questions to him/her.

Generally speaking, personal injury cases can take many years to settle, and I personally have heard of a few personal injury cases going beyond 5 years.

bath handle

Shield wrote: »

The information you have given is so specific, and because we don't give any form of legal advice on the site, you might not get the kind of responses which will help you in any significant way.

The best and most common advice this forum offers when detailed specifics are given out is to get yourself a good solicitor and direct any and all questions to him/her.

Generally speaking, personal injury cases can take many years to settle, and I personally have heard of a few personal injury cases going beyond 5 years.

A claimz has to go to the personal injuries assessment board first.

PCPhoto

I would say after assessment by PIAB you could be in the halls of the four courts (outside ct27/28) or receive an offer from PIAB within 12months.

(depending on your barrister/solicitor)