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Car hit, other driver drove off

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12467…21

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    #92
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    just heard the guard is off till wednesday, quite frustrating tbh. Ah well. I'll let ye know once I've heard back.


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    #93
    coolabula
    Registered Users Posts: 187 ✭✭coolabula


    If she is uninsured the guards will know.
    I was rear ended by a twat while stopped in bumper to bumper traffic!!!

    I was in a bit of shock after it happened (my 1st and only accident so far) so I didnt have my wits about me. He didnt want to give me his insurance details and said he wanted to pay for the damage. I said fine and took his number, and also his reg. He wasnt keen on me taking the insurance details and due to shock and being naive I said ok.
    After a couple of weeks of calls and texts back and forth, I realised he wasnt prepared to pay and wanted a "friend of his" to do the work, I went to the guards and explained everything, they gave me his insurance company. I rang them and it turned out it was his Dad's car and he wasnt insured on it. The Dad agreed to pay for the damage, lucky for me.

    Anyway my point is the Guard can check her insurance company with only the reg number.


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    #94
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    coolabula wrote: »

    Anyway my point is the Guard can check her insurance company with only the reg number.

    yeah - the guard has seen the car as well, but hasn't even confirmed that she is insured. As I said, my suspicion is that she isn't insured, but the guard needs to give her the 10 days to produce her documents before she can tell me for sure, just in case.


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    #95
    Macers
    Registered Users Posts: 512 ✭✭✭Macers


    Please tell me the Guard took photo's of the damage on the others SUV?


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    #96
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,167 Mod ✭✭✭✭Seth Brundle


    tbh wrote: »
    yeah - the guard has seen the car as well, but hasn't even confirmed that she is insured. As I said, my suspicion is that she isn't insured, but the guard needs to give her the 10 days to produce her documents before she can tell me for sure, just in case.
    The woman is legally entitled to the 10 days so the garda can't do anything about forcing her hand before then.
    However, an insurance company would be very unlikely to backdate a policy so I can't see her going out and getting a new policy to cover the incident.


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    #97
    Gone Drinking
    Registered Users Posts: 2,809 ✭✭✭Gone Drinking


    tbh wrote: »
    just heard the guard is off till wednesday, quite frustrating tbh. Ah well. I'll let ye know once I've heard back.

    You're talking to yourself again :pac:


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    #98
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    Macers wrote: »
    Please tell me the Guard took photo's of the damage on the others SUV?

    No idea man, doubt it tho. Although if it comes to a court case, I'd say her word saying the car was damaged will be worth more than the other driver saying it wasn't :)
    kbannon wrote: »
    The woman is legally entitled to the 10 days so the garda can't do anything about forcing her hand before then.
    However, an insurance company would be very unlikely to backdate a policy so I can't see her going out and getting a new policy to cover the incident.

    No problem with that at all. The only reason I mention it is because I'm just guessing she's not insured based on the fact that the guard saw the car, but couldn't confirm that the car was insured or not. My guess is that's because the car didn't have a valid insurance disk displayed, but the guard has to give the driver the benefit of the doubt, in case there was a genuine reason for not having the disk. Which there very well could be.


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    #99
    Fighting Irish
    Registered Users Posts: 7,065 ✭✭✭Fighting Irish


    update the orig op


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    #100
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    Fighting Irish wrote: »
    update the orig op

    huh?


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    #101
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    Small update today. I mentioned before about the other drivers details being on my insurance company's system as she had looked for a quote from them. An assessor from the insurance company contacted her to record the damage to her car, on the off chance. She still denies that she had anything to do with it but she agreed to let him see her car. He's seen my car too. He reckons it was deffo her and he also said she doesn't have an insurance disk. Guard is back on duty tomorrow, hopefully we'll hear more then.


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    #102
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    tbh wrote: »
    Small update today. I mentioned before about the other drivers details being on my insurance company's system as she had looked for a quote from them. An assessor from the insurance company contacted her to record the damage to her car, on the off chance. She still denies that she had anything to do with it but she agreed to let him see her car. He's seen my car too. He reckons it was deffo her and he also said she doesn't have an insurance disk. Guard is back on duty tomorrow, hopefully we'll hear more then.

    And the plot thickens


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    #103
    monkeysnapper
    Registered Users Posts: 2,576 ✭✭✭monkeysnapper


    if i was her id go out today and get her self some phone cards and some soap , the beech is going down , how many days has it been so far , are we on day 10 yet , are we , are we . ccoooooool


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    #104
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    monkeysnapper wrote: »
    if i was her id go out today and get her self some phone cards and some soap , the beech is going down , how many days has it been so far , are we on day 10 yet , are we , are we . ccoooooool

    if it's ten days, D-Day is Friday, if it's ten working days, it's next Tuesday.
    99% sure she doesn't have insurance.


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    #105
    Connavar
    Registered Users Posts: 849 ✭✭✭Connavar


    I was hit a year or so ago by an uninsured driver and had to wait this time to find out if they were insured or not too, so its not unusual. Hope it works out for you


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    #106
    jasonb
    Registered Users Posts: 3,314 ✭✭✭jasonb


    I know it's a lot of hassle for you having to go through all this, but it does sound like it's gonna end well for you, and badly for the person who drove away. All to often these things don't end the way they should!

    Have to say, fair play to the witness, and fair play to your insurance company, it sounds like they're being very helpful.

    Hope it doesn't drag out too long...

    J.


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    #107
    teddansonswig
    Registered Users Posts: 427 ✭✭teddansonswig


    hard luck OP hope it works out!

    how is it possible an uninsured car can be driven away from a garda station in full view/knowledge of a garda? madness....


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    #108
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,167 Mod ✭✭✭✭Seth Brundle


    teddansonswig wrote: »
    how is it possible an uninsured car can be driven away from a garda station in full view/knowledge of a garda? madness....
    A car is not insured so to speak, the driver is.
    A garda cannot fully tell 100% if a driver is insured or not. Furthermore, due process must be followed so the driver is entitled to 10 days to prove that they were insured (or, as it appears here, not). If the garda doesn't follow due process, in all likelihood a conviction is unlikely.
    But I agree, it is an unfortunate predicament for the garda (and obviously the OP) to be placed in.


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    #109
    teddansonswig
    Registered Users Posts: 427 ✭✭teddansonswig


    its interesting alright,
    there was a thread here not long ago, guy gets stopped at checkpoint, all good, moves off, chased by cops to tell him he isn't insured and hes not aloud to drive the car home.
    cant find it just now his dad didn't pay the bill in time. so these cops were quick about stoping him, taking his car, and sending him to court, thats without a 10 day wait, they got the info there and then....
    i dunno just sounds weird that the officer in this case suspected there was no insurance and let the woman drive away.


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    #110
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    tbh wrote: »
    if it's ten days, D-Day is Friday, if it's ten working days, it's next Tuesday.
    99% sure she doesn't have insurance.

    Just saw this:

    http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html wrote:
    There are, however, certain offences which are slightly different. An example of this would be where you are stopped by the Gardaí while driving on 1 January and you are asked for your motor insurance certificate. If you do not produce it there and then, you have 10 days in which to produce it at a Garda station of your choice. If you fail to produce it within 10 days then you have committed an offence. The offence is not complete until after the expiry of the 10 days and the date you were stopped does not count as one of the 10 days. Therefore, in this case 12 January would be the crucial date.


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    #111
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    UL_heart_throb wrote: »
    does this count as a hit and run or leaving the scene of an accident?

    Yes it technically is. My car was hit on a public street. Fortunately, the event was witnessed. The Garda told me if there was any messing about by the other party he would pursue it as a hit and run.


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    #112
    MrJoeSoap
    Registered Users Posts: 15,117 ✭✭✭✭MrJoeSoap


    Great thread, will be following this. Best of luck with it tbh, and don't relent on it!


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    #113
    jaygile
    Registered Users Posts: 44 ✭jaygile


    that is seriously sound of the witness!


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    #114
    TRS30
    Registered Users Posts: 6,865 ✭✭✭TRS30


    Any update??


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    #115
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    TRS30 wrote: »
    Any update??

    not today - have messages left for the guard, but other driver has until tomorrow to produce her docs, so not really expecting any news until probably monday.


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    #116
    FanadMan
    Registered Users Posts: 3,820 ✭✭✭FanadMan


    We're all rooting for ya tbh. Let us know asap :)


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    #117
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,211 Mod ✭✭✭✭godtabh


    tbh wrote: »
    not today - have messages left for the guard, but other driver has until tomorrow to produce her docs, so not really expecting any news until probably monday.

    Maybe hold off from contact the guard for awhile. I'm sure he has lots to be doing and you dont want to piss him off with lots of messages (not that I'm suggesting you are doing that)


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    #118
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    godtabh wrote: »
    Maybe hold off from contact the guard for awhile. I'm sure he has lots to be doing and you dont want to piss him off with lots of messages (not that I'm suggesting you are doing that)

    no - I agree with you 100%, it's the insurance company who've left messages, I've not been onto her since last week - there's no point calling her till after the deadline has passed.


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    #119
    tayto lover
    Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    tbh wrote: »
    no - I agree with you 100%, it's the insurance company who've left messages, I've not been onto her since last week - there's no point calling her till after the deadline has passed.
    Did your witness make an official statement to the Garda ? It's always important in the event of a court case for hit and run or to identify the driver in court in case she gets an insured driver to say they were driving.


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    #120
    tbh
    Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    tayto lover wrote: »
    tbh wrote: »
    no - I agree with you 100%, it's the insurance company who've left messages, I've not been onto her since last week - there's no point calling her till after the deadline has passed.
    Did your witness make an official statement to the Garda ? It's always important in the event of a court case for hit and run or to identify the driver in court in case she gets an insured driver to say they were driving.


    Not sure if the guard talked to the witness but I do know the witnesses didn't see who was driving. If the other driver does find an insured driver dumb enough to take the fall for her I'm delighted because it'll save me 300 quid!


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    #121
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,167 Mod ✭✭✭✭Seth Brundle


    tbh wrote: »
    If the other driver does find an insured driver dumb enough to take the fall for her I'm delighted because it'll save me 300 quid!
    Why are you paying 300? You aren't claiming off your own insurance, are you?


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