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skratched car

  • 20-12-2011 11:23am
    #1
    Registered Users, Registered Users 2 Posts: 105 ✭✭


    Hello, one women skratched my car. The Garda decided it is not going through the Insurance company. I brought her the official estimate from car repair service the same day, which she refused. It is 2 weeks now and she said she is waiting for an appointment with car service for estimate.Clearly she is not taking any steps to settle it down. How much time does she have to settle down the damage ? What is the deadline ? Thanks for any advice


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Comments

  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    allsam18 wrote: »
    Hello, one women skratched my car. The Garda decided it is not going through the Insurance company. I brought her the official estimate from car repair service the same day, which she refused. It is 2 weeks now and she said she is waiting for an appointment with car service for estimate.Clearly she is not taking any steps to settle it down. How much time does she have to settle down the damage ? What is the deadline ? Thanks for any advice

    It's not for the Garda to decide, it's actually none of his business. You should have taken her insurance details from her windscreen disc and if she refuses to accept the quotes from repair shops selected by you (not her) then you telll her that you're going to contact her insurance company which by the way is a bit of an empty threat because she could still refuse to report the accident to them in which case they will not pay out but threatening to go to the insurance company is usualy sufficient to get people reaching for the wallet to settle for fear of losing their no-claims bonus.

    If she was allowed to select the repair shop she would go to the cheapest back street cowboy whom you wouldn't trust to fix a dent in a wheelbarrow.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    I have all her insurance details and Plate number, the problem is that the Garda said we both have to bring the estimate from car repair service, I broght mine but she didn´t brought her estimate and it looks like she wont bring any soon. And the Garda said that the car will go to the cheapest estimate. I will wait one more week and than I will said that I will report the accident to her insurance company.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    As Coylem said, nothing to do with Garda.


  • Registered Users, Registered Users 2 Posts: 13,746 ✭✭✭✭Misticles


    What? Its none of the Gardas business, he has no input on whether you go down the route of insurance or where it gets fixed.

    Try calling her and if you get no joy, contact the citizens advice on how to procede.
    Don't let her tell you where your car is getting fixed. She probably dosnt realise that the whole door has to be resprayed and not just the scratch. (I'm presuming door here as an example tha the whole area has to be done)


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    allsam18 wrote: »
    I have all her insurance details and Plate number, the problem is that the Garda said we both have to bring the estimate from car repair service, I broght mine but she didn´t brought her estimate and it looks like she wont bring any soon. And the Garda said that the car will go to the cheapest estimate. I will wait one more week and than I will said that I will report the accident to her insurance company.

    It is not his place to adjudicate in what is a civil matter between two citizens. If he wants to prosecute the other driver for careless driving or something similar in respect of the accident than let him but he has no business interfering in the fixing of the damage to your car.

    And if he attempts to force you to accept an estimate from the other party, tell him to butt out and mind his own business and that you are going to contact her insurance company to lodge a claim.

    I'd be concerned that he knows this lady and he's using his position to muscle you into accepting a low estimate. You need to steel yourself and tell him it's none of his business.


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  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    The fact is that this Garda woman who was at the accident was very nice to the woman(she was Irish) and she was very cold to me(I am not Irish), she even attacked me that I have wrong pressure in the tyre and I couldn´t leave the place with car until I get the right air pressure to the tyre.(The petrol station was 100 metres away). Thanks everybody for the advice, it is the the third time somebody hit me, but the first time that the Garda didn´t allow to solve it through the insurance, so I didn´t know what are the steps but now I know. Thanks again


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    How did she decide that you had the incorrect tyre pressure?

    Here's what you should do: ring the female Garda, tell her you're spoken to a solicitor friend who expressed shock that she (the Garda) is getting involved in the damages issue and that he has told you to report the accident to the other driver's insurance company.

    Inform the Garda that you are not dealing with her and that you are going to take it up with the insurance company. If she is a friend of the other driver, she will inform her and you should get a settlement offer pretty fast thereafter. Otherwise get on to the other driver, give her one week to settle or tell her you're going to report it to her insurance. If she says the Garda is dealing with it, tell her you've been told by a solicitor that the Garda has no role in the matter and you are going direct to her insurance company.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    My tyre was flat, I apologized that I didn´t see it and she said that I cannot drive away with flat tyre and that I have to fix it, she said it was too dangerous to go 100 metres to the petrol station.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    I would suspect the Garda knows the other party - not a Garda matter and none of their business.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    Thank You coylemj, now I realized that I all I get from the female Garda was only first name and phone number, but fortunately I wrote down the Insurance and Plate number before she arrived. Usually I am getting from Garda in the case of accident full contact and address and insurance information.


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  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    Update: I was at the garda and they said go direct through the insurance, they said everything like You coylemj, and they dont understand why was the female garda investigating the case saying everything opposite. It looks like they are friends. Backlflash memory : the female garda was rang by the woman who hit me husband and most interesting is that the female garda didn´t arrive to us in the car but just walked to us. Thank You coylemj and everybody, problem solved :)


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    allsam18 wrote: »
    Backlflash memory : the female garda was rang by the woman who hit me husband and most interesting is that the female garda didn´t arrive to us in the car but just walked to us.

    I was going to ask you who actually phoned the Gardai because from the description you gave of the original accident (just a scratch), the procedure nowadays is that the two motorists exchange details (name & address, insurance policy) and don't bother with the cops. In that type of situation (minor material damage, no personal injury) the police often refuse to turn up.

    You said the female Garda arrived on foot, was she wearing a uniform? Did you get her number?


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    coylemj Yes the female Garda arrived on foot in an uniform I dont have her number but I was at the Garda station and she is really working there but she is definitely a friend of my women from the accident, because I was there Yesterday doing what You said, and onther Garda said that this women even didn´t bring her insurance in 10 days to Garda, which she is suppose to do.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    allsam18 wrote: »
    coylemj Yes the female Garda arrived on foot in an uniform I dont have her number but I was at the Garda station and she is really working there but she is definitely a friend of my women from the accident, because I was there Yesterday doing what You said, and onther Garda said that this women even didn´t bring her insurance in 10 days to Garda, which she is suppose to do.

    This is getting a bit ridiculous. There's no way that Garda would know if the other driver showed her insurance cert to the female Garda. I think it's fair to say English is not your first language and I'd bet my salary you're picking things up wrong. It's almost like Chinese whispers.

    It is most likely the Garda is following up on your estimates because if you can't agree on a price and decide to go through insurance she will have to do a full report including recommendations on a prosecution. The fact that you were in a defective vehicle will mean she will most likely have to prosecute you and there's very few gardai who want to prosecute people for material damage accidents.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    Once again what I was saying :) After the car accident both parties have to bring the full insurance page from where they get the insurance disc to the Garda station. They have to do it in 10 days. This is the law. Garda will photocopy the insurances and record them to make sure that both vehicles were insured at the time of the accident. So i brought my insurance page to garda on the first day, they photocopied it and recorded into computer. But the other woman didn´t do it, because when Garda was checking yesterday in the computer the details of the accident there was nothing brought from the women. Because The another Garda wanted to give me her insurance details from the computer but eventually he found out that there is no insurance recorded and that the woman didn´t show up which is against the law. The another Garda said that what I am doing is right and just ring straight the insurance company. And I told the Garda that I have all her insurance details because I wrote them down before the Garda arrived, obviously the female friend Garda didn´t allow me to write them down :)
    My flat tyre is not a problem because I apologised that I didn´t see it and i fixed it and then I left the place of the accident.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    The woman can just show her insurance to the Garda and it wouldn't be on the system.

    And your flat tyre is a problem.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean wrote: »
    It is most likely the Garda is following up on your estimates because if you can't agree on a price and decide to go through insurance she will have to do a full report including recommendations on a prosecution.

    Write up a 'full report' for a material damage accident? You must be joking, you'd be lucky to get then to turn up to take the bare details, let alone bother to write up any kind of report.

    The only reason this Garda turned up is because her friends rang her and she showed up in order to bully the other driver (the OP) into accepting a low estimate only it now looks like her friend (the other driver) hasn't bothered to produce her insurance.
    MagicSean wrote: »
    The fact that you were in a defective vehicle will mean she will most likely have to prosecute you and there's very few gardai who want to prosecute people for material damage accidents.

    The OP's car was scratched by the other driver, that was hardly caused by the fact that he was driving on a flat tyre plus if she prosecutes him for driving on a flat tyre, she will have to prosecute her friend for not producing her insurance. My money says she will do neither.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    coylemj wrote: »
    Write up a 'full report' for a material damage accident? You must be joking, you'd be lucky to get then to turn up to take the bare details, let alone bother to write up any kind of report.

    The only reason this Garda turned up is because her friends rang her and she showed up in order to bully the other driver (the OP) into accepting a low estimate only it now looks like her friend (the other driver) hasn't bothered to produce her insurance.



    The OP's car was scratched by the other driver, that was hardly caused by the fact that he was driving on a flat tyre.

    I'm not sure how long you've been a Garda or where you are stationed but material damage accidents are attended frequently where I am and require a full report for each one.

    And driving a defective vehicle is an offence no matter who is liable.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean wrote: »
    I'm not sure how long you've been a Garda or where you are stationed but material damage accidents are attended frequently where I am and require a full report for each one.

    I haven't been involved in an accident for a long time (DG) but have heard anecdotal evidence which suggests that in a lot of cases people who report a material damage traffic accident from the scene are told by the Gardai to exchange details and let the insurance companies sort it out i.e. no Garda will turn up at the scene.

    If you can assure us that the Gardai turn up at every accident they are called to then I will accept that.
    MagicSean wrote: »
    And driving a defective vehicle is an offence no matter who is liable.

    But the Gardai have discretion to prosecute or not, that is my point and if that Garda prosecuted the OP for driving on a flat tyre and let her friend off for failing to produce her insurance she would be leaving herself wide open to an investigation by the Garda Ombudsman for her biased atitude to the accident where she clearly took the side of the woman who called her by attempting to interfere in what is the civil side of the matter.


  • Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    MagicSean wrote: »
    I'm not sure how long you've been a Garda or where you are stationed but material damage accidents are attended frequently where I am and require a full report for each one.

    And driving a defective vehicle is an offence no matter who is liable.

    I got hit by a another car while waiting at a set of lights on bolton st last year when the driver ran a red light and the guard gave me a earfull for calling the guards as he stated that its a civil mater if nobody is hurt and i was wasting his time. no report.


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  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Once the Garda is satisfied that the person is insured they won't be prosecuted for an insurance related offence. The driver can show the cert to the garda anywhere, even over a cup of tea. This isn't biased at all.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    MagicSean i wasn´t driving on a flat tyre because at the moment of the accident my car was parked on the parkplace. The Garda wasn´t saying that I was driving on a flat tyre she just said I have to fix it before I will leave and I fixed it.
    And You cannot show the full insurance certificate to Garda at the cup of coffee, it was clearly said by Garda that it has to be produced to the Garda station, photocopied and recorded, this is the law.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean wrote: »
    Once the Garda is satisfied that the person is insured they won't be prosecuted for an insurance related offence. The driver can show the cert to the garda anywhere, even over a cup of tea. This isn't biased at all.

    You can't produce the cert. over a cup of tea, you have to produce it at a Garda station named by you within 10 days.
    MagicSean wrote: »
    And driving a defective vehicle is an offence no matter who is liable.

    You seem to be selective in your application of the law, failing to produce is also an offence.

    You take a particularly stern view of the OP's flat tyre but choose to gloss over the failure of the other driver to produce her insurance cert. as required by law.

    The other driver, let me remind you was involved in an accident, then phoned a Garda friend of hers who happened to be on duty, she (the Garda) then attempted to take over the civil side of the case and clearly was about to bully the OP into accepting a low settlement based on an estimate provided by the other driver when she had no business doing so.

    The only flaw in the plan was that the other driver has failed to produce her insurance, she probably thinks that she'll get away with that as well and if the female Garda has the same attitude as you she probably will.


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    MagicSean wrote: »
    The woman can just show her insurance to the Garda and it wouldn't be on the system.

    :confused::confused:

    What's the point in showing your insurance cert to the Gardai if it's never officially recorded?
    MagicSean wrote: »
    I'm not sure how long you've been a Garda or where you are stationed but material damage accidents are attended frequently where I am and require a full report for each one.

    Unless there has been an injury then you're not even supposed to call the gardai when the damage is simply material.

    OP, forget about all this messing about, ring your insurance company, give them the quote and the insurance details of the woman who hit you and let them sort it out with this woman's insurance company.

    Also, I'd consider writing a letter to this female garda's superior about her role in this fiasco, although with respect, I'd seek the assistance of someone who's first language is English.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    The point of making a demand to produce is to ensure the person is insured. Once the Garda has seen the cert that need has been satisfied. It's only put on the system so the investigating Garda knows it was produced. This isn't required if the Garda has seen the cert.

    My apologies about the tyre op. Didnt realise you weren't in the car at the time.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    coylemj wrote: »
    You can't produce the cert. over a cup of tea, you have to produce it at a Garda station named by you within 10 days.



    You seem to be selective in your application of the law, failing to produce is also an offence.

    Not really. Have you ever seen anyone prosecuted and convicted for the sole charge of failing to produce?
    coylemj wrote: »
    You take a particularly stern view of the OP's flat tyre but choose to gloss over the failure of the other driver to produce her insurance cert. as required by law.

    If the person is insured and proves this then I can't see a problem. If a person drives around with a flat tyre and doesn't notice then I consider that to be a big problem.
    coylemj wrote: »
    The other driver, let me remind you was involved in an accident, then phoned a Garda friend of hers who happened to be on duty, she (the Garda) then attempted to take over the civil side of the case and clearly was about to bully the OP into accepting a low settlement based on an estimate provided by the other driver when she had no business doing so.

    Pure speculation.
    coylemj wrote: »
    The only flaw in the plan was that the other driver has failed to produce her insurance, she probably thinks that she'll get away with that as well and if the female Garda has the same attitude as you she probably will.

    Get away with what? The op has her insurance details and if she is insured she is getting away with nothing. And there is no proof she did not produce her insurance. The Garda on duty might have put a photocopy in her locker if he knew what Garda it was for or she might have produced it to the same Garda who requested. Both these things happen often and mean that no production is recorded on the Pulse system.
    :confused::confused:

    What's the point in showing your insurance cert to the Gardai if it's never officially recorded?

    So they know not to prosecute you for no insurance
    Unless there has been an injury then you're not even supposed to call the gardai when the damage is simply material.

    An injury or an offence disclosed. Unfortunately there is almost always an offence of some sort committed. Otherwise the collision would not have occurred.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean wrote: »
    I'm not sure how long you've been a Garda or where you are stationed but material damage accidents are attended frequently where I am and require a full report for each one.

    And presumably the insurance details of each driver is part of this report? Don't solicitors write to the Gardai asking for an abstract of the accident report and aren't the insurance details of the other driver typically part of this report?
    MagicSean wrote: »
    The point of making a demand to produce is to ensure the person is insured. Once the Garda has seen the cert that need has been satisfied. It's only put on the system so the investigating Garda knows it was produced. This isn't required if the Garda has seen the cert.

    So if the Garda who arrives at the scene of an accident sees an insurance cert (or is shown it over a cup of tea later), the details are not recorded?

    Let me remind you what the OP said in *his original post...
    allsam18 wrote: »
    ... I have all her insurance details because I wrote them down before the Garda arrived, obviously the female friend Garda didn´t allow me to write them down :)

    More evidence of shady practices. Clearly the investigating Garda is determined that the OP doesn't get her friend's insurance details, she appears not to be aware that he already has them.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    coylemj wrote: »
    And presumably the insurance details of each driver is part of this report? Don't solicitors write to the Gardai asking for an abstract of the accident report and aren't the insurance details of the other driver typically part of this report?

    Yes. And the Garda who fills out the abstract will have these details in their notebook.
    coylemj wrote: »
    So if the Garda who arrives at the scene of an accident sees an insurance cert (or is shown it over a cup of tea later), the details are not recorded?

    Only in the notebook.
    coylemj wrote: »
    Let me remind you what the OP said in *his original post...



    More evidence of shady practices. Clearly the investigating Garda is determined that the OP doesn't get her friend's insurance details, she appears not to be aware that he already has them.

    The post clearly makes no sense. If he had written the insurance details down already how can the Garda have denied him the chance to?


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean wrote: »
    The post clearly makes no sense. If he had written the insurance details down already how can the Garda have denied him the chance to?

    My reading of what the OP is saying is that the Garda who arrived on the scene didn't know that he already had the details noted. She wouldn't allow him to note the details after she arrived according to him, clearly if she knew he had already noted the details she wouldn't have done this.

    OP, can you please clarify this issue, you said the following (quote below), can you pease tell us how the Garda at the scene 'didn't allow me to write them down', did she order you not to look at the other driver's disc or what did she say or do?
    allsam18 wrote: »
    And I told the Garda that I have all her insurance details because I wrote them down before the Garda arrived, obviously the female friend Garda didn´t allow me to write them down :)


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  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    Explanation :At the accident I said to Garda : Ok give me her Insurance details and address.
    The Garda said : No it is not going through the insurance company, all You can have is this : and she gave me paper with FIRST NAME AND PHONE NUMBER.(By the law I should recieve also surname,address,and insurance details)
    And when I was at the garda station informing them that I am going to make a claim to her insurance company another Garda said : Ok I ll give You her insurance details. He was looking in the computer and then he said that there are no insurance details of her at all, only mine.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    allsam18 wrote: »
    Explanation :At the accident I said to Garda : Ok give me her Insurance details and address.
    The Garda said : No it is not going through the insurance company, all You can have is this : and she gave me paper with FIRST NAME AND PHONE NUMBER.(By the law I should recieve also surname,address,and insurance details)
    And when I was at the garda station informing them that I am going to make a claim to her insurance company another Garda said : Ok I ll give You her insurance details. He was looking in the computer and then he said that there are no insurance details of her at all, only mine.

    So the investigating Garda entered your details into the system but not that of the other driver, her friend who called her to come to 'investigate' the accident.

    And at the scene she refused to provide you with even the surname of the other party. Well I think we know what's going on here, it's called a stitch-up.

    OP, if I was you I'd report this to the Garda Ombudsman, she (the Garda) is clearly stacking the dice against you to help her friend avoid an insurance claim. Worse still, she has taken it upon herself to adjudicate on the repair estimates, something that is well outside her brief and on which she is clearly biased so even it was a Garda matter, she is the last person in the world who should have any say in the matter based on the disgraceful way she has behaved already.


  • Hosted Moderators Posts: 3,807 ✭✭✭castie


    MagicSean wrote: »
    The post clearly makes no sense.

    Sorry but what really makes no sense is the can do no wrong in the face of testimony here.

    Some people use their position to benefit friends.
    Some people do this to the detriment of others.

    Gardai are no different.

    From whats being said here it really is a case of them trying to persuade the OP to settle outside of the insurance company and then even further to try to protect their mate by telling the OP that each side must get a quote done.

    Completely understand what they were trying to do. Not get their mates insurance premium increased while also trying to ensure the OP didnt take her for a ride with the estimate price. However as a garda its opened a massive can of worms since the mate does not seem to have played ball with what the garda tried to arrange.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean appears to have given up defending the indefensible. Here are some of his comments about the various posts.....
    MagicSean wrote: »
    This is getting a bit ridiculous.
    coylemj wrote: »
    The other driver, let me remind you was involved in an accident, then phoned a Garda friend of hers who happened to be on duty, she (the Garda) then attempted to take over the civil side of the case and clearly was about to bully the OP into accepting a low settlement based on an estimate provided by the other driver when she had no business doing so.
    MagicSean wrote: »
    Pure speculation.
    coylemj wrote: »
    More evidence of shady practices. Clearly the investigating Garda is determined that the OP doesn't get her friend's insurance details, she appears not to be aware that he already has them.
    MagicSean wrote: »
    The post clearly makes no sense. If he had written the insurance details down already how can the Garda have denied him the chance to?
    coylemj wrote: »
    My reading of what the OP is saying is that the Garda who arrived on the scene didn't know that he already had the details noted. She wouldn't allow him to note the details after she arrived according to him, clearly if she knew he had already noted the details she wouldn't have done this.

    OP, can you please clarify this issue
    allsam18 wrote: »
    Explanation :At the accident I said to Garda : Ok give me her Insurance details and address.
    The Garda said : No it is not going through the insurance company, all You can have is this : and she gave me paper with FIRST NAME AND PHONE NUMBER.(By the law I should recieve also surname,address,and insurance details)


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    coylemj wrote: »
    MagicSean appears to have given up defending the indefensible. Here are some of his comments about the various posts.....

    I'll try and address each issue and explain it to you but I'm starting to get the impression that you are just choosing not to understand.
    coylemj wrote: »
    So the investigating Garda entered your details into the system but not that of the other driver, her friend who called her to come to 'investigate' the accident.

    A Garda file is not held on a system. It is held by the Garda. That is where the full details will be. All that is on the system is a summary of the incident. There is a seperate database for people who produce at a station. This is generally only used if a person produces at a station other than that which the Garda who demanded it is stationed at. It will not be used if it is produced to the Garda herself.

    As for an actual production demand. There is inconsistency here too. A person is not automatically required to produce their insurance in 10 days. If they have their cert with them then that's all there is. They are only required to produce if a demand is made on them by the Garda. The op is assuming the same demand was made on the other driver but it may not have been. Let's say it was made, surely that puts a hole in your theory that they were mates. Why would they make a demand on their mate if they weren't bothered?
    coylemj wrote: »
    And at the scene she refused to provide you with even the surname of the other party. Well I think we know what's going on here, it's called a stitch-up.

    You're accepting what the op says very freely when their story has changed in almost every post. This is what the op has so far said about the insurance details.
    allsam18 wrote: »
    I have all her insurance details and Plate number,
    allsam18 wrote: »
    I wrote down the Insurance and Plate number before she arrived.
    allsam18 wrote: »
    Explanation :At the accident I said to Garda : Ok give me her Insurance details and address.
    allsam18 wrote: »
    obviously the female friend Garda didn´t allow me to write them down

    None of this is at all consistent. And in relation to his tyre.
    allsam18 wrote: »
    I have wrong pressure in the tyre and I couldn´t leave the place with car until I get the right air pressure to the tyre.
    allsam18 wrote: »
    My tyre was flat,

    Again. Two very different posts. There's a big difference between low pressure and a flat tyre.

    As to your assertion that they are friends and the woman called her Garda mate, there is nothing at all to suggest this. Even if you were to accept that they knew each other it is a fairly big coincidence that her garda friend happened to be working in the same district on that day, at that time, on the beat nearby and could just attend straight away.
    castie wrote: »
    Sorry but what really makes no sense is the can do no wrong in the face of testimony here.

    Actually that post doesn't really make sense.
    castie wrote: »
    From whats being said here it really is a case of them trying to persuade the OP to settle outside of the insurance company and then even further to try to protect their mate by telling the OP that each side must get a quote done.

    The same thing would be done when it goes through the insurance. Each side gets an estimate and they argue a price. At the end of the day the Garda cannot stop the op going through the insurance.

    I think the main problem in this situation is the ops English. I can see how things that would have been said to him have been contorted through the language barrier. It is very common.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    MagicSean no offense, I will not argue with You about the details.
    Just It looks to me very consistent what I said :
    I have her insurance details and plate number because i wrote them down before anybody arrived and I really asked Garda for her insurance details and she really didn´t allow me to write them down because she said clearly that it is not going through the insurance company.

    The bootom line is : all I wanted to know was how much time has the other party to bring her estimate. Thanks to responds, it turned out that I dont have to wait for her and I can go direct to the insurance company. Otherwise I would be still waiting for her estimate and then because it was cheaper her unexperienced friend would be painting my Honda Imola orange YR-536P difficult colour. My problem is solved. Thank You


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  • Closed Accounts Posts: 4,725 ✭✭✭charlemont


    Interesting how its the third time somebody hit you, And you also had a flat tyre, I'm sorry man but its suspicious to me. Any Garda who attends an incident involving a car which then has a flat tyre isn't going to be happy.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    charlemont it is not funny for me at all being hit 3 times in 2 Years a repainting the car on 3 different places. I know that most of the people have one accident in life but I am attracting other cars :(


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    allsam18 wrote: »
    MagicSean no offense, I will not argue with You about the details.
    Just It looks to me very consistent what I said :
    I have her insurance details and plate number because i wrote them down before anybody arrived and I really asked Garda for her insurance details and she really didn´t allow me to write them down because she said clearly that it is not going through the insurance company.

    The bootom line is : all I wanted to know was how much time has the other party to bring her estimate. Thanks to responds, it turned out that I dont have to wait for her and I can go direct to the insurance company. Otherwise I would be still waiting for her estimate and then because it was cheaper her unexperienced friend would be painting my Honda Imola orange YR-536P difficult colour. My problem is solved. Thank You

    Why would you ask the garda for the details if you already have them?


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    MagicSean I didn´t have the address. And I wanted the approval of the Garda that I can ring insurance company straight away, but I didn´t get the approval. Basicaly I was at the dead point where I couldn´t do anything only wait for the woman cheap estimate and fixing my car, which could be a long process.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    allsam18 wrote: »
    MagicSean I didn´t have the address. And I wanted the approval of the Garda that I can ring insurance company straight away, but I didn´t get the approval. Basicaly I was at the dead point where I couldn´t do anything only wait for the woman cheap estimate and fixing my car, which could be a long process.

    So the Garda didn't prevent you from getting the insurance details like you originally stated?


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  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    I wasn´t trying hard to get the insurance details in front of Garda because I respect Garda and when she said that it is not going through the insurance and all i need is name and phone number I just accepted what she said. She wasn´t preventing me because I wasn´t trying in front of her, I only politely asked her for address and insurance and when she refused to give it to me I wasn´t trying anything. She only refused to give me what I asked for and what I should get by the law. She wasn´t holding me physically to no to look on other car windscreen. She just verbally refused to give me the details. That´s what I meant when I said she didn´t allow me to get the insurance details.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    allsam18 wrote: »
    I wasn´t trying hard to get the insurance details in front of Garda because I respect Garda and when she said that it is not going through the insurance and all i need is name and phone number I just accepted what she said. She wasn´t preventing me because I wasn´t trying in front of her, I only politely asked her for address and insurance and when she refused to give it to me I wasn´t trying anything. She only refused to give me what I asked for and what I should get by the law. She wasn´t holding me physically to no to look on other car windscreen. She just verbally refused to give me the details. That´s what I meant when I said she didn´t allow me to get the insurance details.

    You had the insurance details and you were not entitled to the persons address.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    I was hit 2 times before and I get everything from the Garda automatically. Quote from official car insurance website :
    In the event of an accident:
    You need to take a note of the registration number of any other vehicles involved, the names and addresses of any other people involved and potential witnesses. Contact your insurance company as soon as possible.
    That´s the law. Now I will know that for the future :)


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    allsam18 wrote: »
    I was hit 2 times before and I get everything from the Garda automatically. Quote from official car insurance website :
    In the event of an accident:
    You need to take a note of the registration number of any other vehicles involved, the names and addresses of any other people involved and potential witnesses. Contact your insurance company as soon as possible.
    That´s the law. Now I will know that for the future :)

    The law is section 106 of the road traffic act 1961. It states the if there is no Garda present you must be provided with that information. As there was a garda present it does not apply to your situation.
    106.—(1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:

    (c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána or, if no such member is present, to one person entitled under this section to demand such information;

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0106.html#sec106


  • Registered Users, Registered Users 2 Posts: 105 ✭✭allsam18


    MagicSean You are right, I wasn´t entitled to get any details, only Garda. Thanks :)


  • Closed Accounts Posts: 4,173 ✭✭✭hucklebuck


    I stopped reading this at the end of page 2 due to some of the posts being so wrong. I have 12 years insurance experience so just do this:

    If you were parked when she hit you then it's her fault. Just ring her insurance company and report the claim, they will contact her for her version of events and she should report any incident/ accident that may or may not give rise to a claim, that is part of her policy terms and conditions.

    If her insurance company delay you getting your car fixed threaten them with solicitors, they don't need her permission to settle a claim and they won't want to have to pay legal fees.

    Don't contact this Garda again or the third party, you can deal direct with her insurance company, it's none of the Gardas concern and you don't need a police report for material damage claims.

    I would consider making a complain to the Garda Ombudsman about this Garda misleading you in order to try prevent her friend from paying for your damage.

    :)


  • Closed Accounts Posts: 384 ✭✭ANSI


    coylemj wrote: »
    I haven't been involved in an accident for a long time (DG) but have heard anecdotal evidence which suggests that in a lot of cases people who report a material damage traffic accident from the scene are told by the Gardai to exchange details and let the insurance companies sort it out i.e. no Garda will turn up at the scene.

    If you can assure us that the Gardai turn up at every accident they are called to then I will accept that.



    But the Gardai have discretion to prosecute or not, that is my point and if that Garda prosecuted the OP for driving on a flat tyre and let her friend off for failing to produce her insurance she would be leaving herself wide open to an investigation by the Garda Ombudsman for her biased atitude to the accident where she clearly took the side of the woman who called her by attempting to interfere in what is the civil side of the matter.
    she should be reported to the Garda Ombudsman as it is


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Sadly it appears that some peope have chosen to exploit the OP's lack of proficient Enlish to try to bore holes in his account of the event i.e. he says he had 'low pressure' in his tyre and then says that it was 'flat' so obviously he is a dishonest witness and we shouldn't believe a word he says - shame!

    What is not in dispute is that the woman who hit the OP's parked car phoned her Garda friend who arrived and then proceeded to inform the OP that he couldn't have details of the other driver's insurance because it (the claim) wasn't going through the insurance, an issue that is none of her business.

    We've also been treated to the smokescreen that is whether the other driver produced her insurance cert. at the scene which conveniently gets around the issue of why the details weren't logged on the system and of course we shouldn't bother wondering why the Garda told the two parties to produce estimates of the damage when this is something that no Garda ever gets involved with, being as it is part of the civil side of the proceedings.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    coylemj wrote: »
    Sadly it appears that some peope have chosen to exploit the OP's lack of proficient Enlish to try to bore holes in his account of the event i.e. he says he had 'low pressure' in his tyre and then says that it was 'flat' so obviously he is a dishonest witness and we shouldn't believe a word he says - shame!

    What is not in dispute is that the woman who hit the OP's parked car phoned her Garda friend who arrived and then proceeded to inform the OP that he couldn't have details of the other driver's insurance because it (the claim) wasn't going through the insurance, an issue that is none of her business.

    We've also been treated to the smokescreen that is whether the other driver produced her insurance cert. at the scene which conveniently gets around the issue of why the details weren't logged on the system and of course we shouldn't bother wondering why the Garda told the two parties to produce estimates of the damage when this is something that no Garda ever gets involved with, being as it is part of the civil side of the proceedings.

    So basically you can't respond to my actual post so your gonna repeat yourself in the hope you will appear to be right. Good going.


  • Closed Accounts Posts: 384 ✭✭ANSI


    coylemj wrote: »
    Sadly it appears that some peope have chosen to exploit the OP's lack of proficient Enlish to try to bore holes in his account of the event i.e. he says he had 'low pressure' in his tyre and then says that it was 'flat' so obviously he is a dishonest witness and we shouldn't believe a word he says - shame!

    What is not in dispute is that the woman who hit the OP's parked car phoned her Garda friend who arrived and then proceeded to inform the OP that he couldn't have details of the other driver's insurance because it (the claim) wasn't going through the insurance, an issue that is none of her business.

    We've also been treated to the smokescreen that is whether the other driver produced her insurance cert. at the scene which conveniently gets around the issue of why the details weren't logged on the system and of course we shouldn't bother wondering why the Garda told the two parties to produce estimates of the damage when this is something that no Garda ever gets involved with, being as it is part of the civil side of the proceedings.
    in other words a crooked cop backing her friend


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