How to: Press Charges

antodeco

Hi Guys,
Hopefully someone can help. Around a month ago, I was rear ended by someone in DUblin City Centre. THe other driver was very irate and contacted the Gardai (as he realised he was in the wrong, but was trying to despute this at the time). After he contacted the Gardai, he then hit me personally with his car, sending me up onto his bonnet. I advised the Gardai of this at the time, who asked did I want to press charges. I said no, as I was fairly shaken and was not thinking straight. Anyway, I was willing to let that go once I got my car sorted, but now he is completley denying liability, and dragging it out, so I want to press charges for "attempted" assault with a motor vehicle. What is the procedure for this? The Gardai on site were from store street, but I didnt get their number, as I was not thinking straight, as mentioned above. Do I simply call into the station that it was reported to, with the details of the event (they took it down in their notebook), and let them do the rest?

Any help appreciated.

Thanks

Zambia

So you want him charged because he is denying liability?

I am pretty sure the Garda do not work like that.

coylemj

Store St. is a huge station, unless you know the Garda's number you haven't a hope of finding him.

And even if you did, it's a bit late now to press charges given that you are obviously doing so out of pure spite, the system doesn't work like that and it's almost certain that the Garda will tell you to pursue a private prosecution if you want the guy charged with assault.

PCPhoto

if you want to have this person charged you need to goto the Garda Station and give a statement and then a file will be prepared for the DPP and they will make a decision on whether there is sufficient evidence.

if the matter does goto court - you will be asked why you changed your mind and you will need to explain this.

my advice (and this is not legal advice) ... goto a solicitor and try to claim the damages, if the other side denies liability then the garda will be called and if yourself and the garda have a similar or same story - then on balance of probabilities the judge "should" find in your favour for cost of damages and any injuries/compensation ....including legal costs.

Hopefully you were not injured in the accident.

PCPhoto

coylemj wrote: »

Store St. is a huge station, unless you know the Garda's number you haven't a hope of finding him.

And even if you did, it's a bit late now to press charges given that you are obviously doing so out of pure spite, the system doesn't work like that and it's almost certain that the Garda will tell you to pursue a private prosecution if you want the guy charged with assault.

as far as I know - Gardai give a card with their number and station details to people they deal with - so they can contact them (wouldn't be too hard to find the garda involved as long as the information was input on pulse)

the gardai have 6 months I think to charge someone with common assault - so theres plenty of time - but as I said in my previous post, the OP will have to answer why the change of heart from claiming its ok ....to I want him punished to the full extent of the law.

Fey!

OP; did you not get the guys insurance details at the time? Find the garda, get a copy of their report if you can, and send a claim in to his insurance company.

Alternatively, get your own insurance company to push the claim for you. You're supposed to report any accidents to your insurance anyway, regardless of liability. It can't effect your no claims bonus as you aren't claiming off your policy.

Also instruct your own insurance company not to pay out any claims without contacting you, just in case the other guy claims against your insurance; your insurance company doesn't necessarily have to inform you.

MapForJ

coylemj wrote: »

Store St. is a huge station, unless you know the Garda's number you haven't a hope of finding him.

surely if you write the superintendent with the time/date/location of the accident they will be able to determine who the garda was

antodeco

Hi all, thanks for the replies. Garda have all details of crash and him knocking me over. I was told at the time I should press charges, but I didn't. I was injured and the car suffered about 4k worth of damage. As it stands, I'm out of pocket. There were no witnesses to the crash, but there were witnesses to him knocking me over. I didn't want to press charges against him, as I'm one of those "ah I don't want him stressing" type of person. I've been thinking about pressing charges based on what people have telling me to. The Guy said that if I "tried anything" he would find out where I lived and kill me and my family. The Gardai are aware of this also (which is another reason why I just wanted insurance to sort everything out).

I contacted my insurance co straight away with all the details and his insurance details. He threatened to knock me out when I said I need to ring my insurance company.

MagicSean

Pressing charges will mean you'll be waiting a lot longer for your money. Civil matters cannot be dealt with until any and all criminal matters are. You could be waiting a year before this case even goes before the criminal courts for the first time.

Victor

PCPhoto wrote: »

as far as I know - Gardai give a card with their number and station details to people they deal with

I get the impression they don't. Certainly not in ordinary matters.

stingray75

listen, he can deny responsibility all he wants, but he is 100% liable.

the insurance firms will sort it out amongst themselves, and you will win, and he will pay.