Car crash other driver drove away - what next?

DylanII

Hi,

I was in an accident today. I was in the outermost lane today and a car turned into me - they wanted to go into my lane but never checked their mirrors. They hit me pretty hard. They slowed down, looked at me and drove off.

I got their reg and reported it to the garda but what do I do now? I'll see my doctor tomorrow just to make sure the neck pain and headache are just something minor, but is there anything else I should do?

If the other person is found will it be easier to prove liability since they obviously had something to hide since they left the scene?

Thanks

ABajaninCork

Did you call the accident over to your insurance? That would be the next step.

Pat Mustard

DylanII wrote: »

Hi,
They hit me pretty hard. They slowed down, looked at me and drove off.

Notify MIBI, or have your solicitor do it for you. If it turns out that they were uninsured, then you can sue the MIBI.

Yawns

The Mustard wrote: »

Notify MIBI, or have your solicitor do it for you. If it turns out that they were uninsured, then you can sue the MIBI.

or instead of trying to sue them, he could maybe just make a claim.

Pat Mustard

Yawns wrote: »

or instead of trying to sue them, he could maybe just make a claim.

The MIBI is there to cover injuries and damage caused by uninsured drivers. If the other driver was not insured, then the OP may have to look to MIBI to cover car damage and damages for any injuries that he may have sustained.

Do you have some other point, other than that?

DylanII

I dont have a solicitor yet, will I need one?

I will have to wait until my brokers is open tomorrow to notify them.

I didn't think MIBI covered damage claims?

I get the feeling he was insured, just worried about his insurance cost, he wouldnt have been much older than me (Im only 18).

Also, how will this affect my insurance, its up for renewal the end of Next month and its already very expensive as it is?

ABajaninCork

DylanII wrote: »

I dont have a solicitor yet, will I need one?

I will have to wait until my brokers is open tomorrow to notify them.

I didn't think MIBI covered damage claims?

I get the feeling he was insured, just worried about his insurance cost, he wouldnt have been much older than me (Im only 18).

Also, how will this affect my insurance, its up for renewal the end of Next month and its already very expensive as it is?

Do you have legal cover? It should be taken care of by the insurance.

MIBI will cover the damage if the other driver is uninsured.

You'll be claiming from the third party, so your NCB is unaffected.

Have you spoken to the Gards since? Have they caught up with the other driver yet??

DylanII

ABajaninCork wrote: »

Do you have legal cover? It should be taken care of by the insurance.

MIBI will cover the damage if the other driver is uninsured.

You'll be claiming from the third party, so your NCB is unaffected.

Have you spoken to the Gards since? Have they caught up with the other driver yet??

I think I have legal cover.

I have tried to track the guard down, however, he didn't enter my details onto the system yet and I dont know what station he came from. I have been to the 5 nearest garda stations to try to find him.

After the accident I seen the reg and said it over and over again, but by the time the garda came, I could only remember it partially. However, once I got home and cleared my head, I remembered the rest.

So I have to wait to see the garda to give the full reg and see if it matches up with the same model and colour car that hit me.

Yawns

The Mustard wrote: »

The MIBI is there to cover injuries and damage caused by uninsured drivers. If the other driver was not insured, then the OP may have to look to MIBI to cover car damage and damages for any injuries that he may have sustained.

Do you have some other point, other than that?

Guess it went over your head so. He won't be suing the MIBI but rather making a claim from it if it turns out the other driver is uninsured....

OP if you contact your insurance, you may have legal cover on your policy. They can deal with the other driver's insurance company if he has one. Your NCB won't be affected.

Don't assume he has insurance cos he a similar age etc. He prob is not insured so panicked and left or maybe he is insured and panicked and left. Either way he shouldn't have left the scene. Guards will deal with that tho.

MugMugs

The Mustard wrote: »

The MIBI is there to cover injuries and damage caused by uninsured drivers. If the other driver was not insured, then the OP may have to look to MIBI to cover car damage and damages for any injuries that he may have sustained.

Do you have some other point, other than that?

Whilst what you're currently saying is quite right it's also a little rash at this stage.

OP, as already suggested, call your Insurer..... In the morning will do. They will guide you through the process. Keep on the Gardai too as if it is a case of an uninsured driver then it's better you know as quick as possible what you're dealing with here.

Redisle

DylanII wrote: »

So I have to wait to see the garda to give the full reg and see if it matches up with the same model and colour car that hit me.

Put the reg in on www.mywheels.ie and it will give you the make/model/colour so you know if you have it right.

ABajaninCork

Whilst you can remember, write down a short statement detailing the accident as you see it. I'd do it now, as it'll be easier to call over the details to the insurance. Draw a diagram too if it will help. If you can remember the reg no.of the other car, make, model, colour, description of driver, get all that down too. Do you have details of the Gard who attended?

Pat Mustard

DylanII wrote: »

I dont have a solicitor yet, will I need one?

I will have to wait until my brokers is open tomorrow to notify them.

I didn't think MIBI covered damage claims?

I get the feeling he was insured, just worried about his insurance cost, he wouldnt have been much older than me (Im only 18).

Also, how will this affect my insurance, its up for renewal the end of Next month and its already very expensive as it is?

If it turns out that the other driver was insured and if his insurance company compensates you in full for your loss/damage, then maybe you will not need any solicitor.

If you are injured, I would suggest that you have a solicitor handle the matter for you.

I don't think that the MIBI will cover all of the car damage, but the details should be on their website or on the latest MIBI agreement (also on their website iirc).

You can ask your insurance company if this accident is going to affect your insurance premium. You have to notify them anyway, so you can ask when you ring. I would think that you should notify your insurer directly, rather than through a broker.

Take photos of the damage to your car.

the_syco

DylanII wrote: »

I was in the outermost lane today and a car turned into me

DylanII wrote: »

I get the feeling he was insured, just worried about his insurance cost, he wouldnt have been much older than me (Im only 18).

By any chance did this happen on a motorway? If so, the other driver may have been a learner, and panicked as they're not meant to be on a motorway?

When you find his insurance, ensure you get your car fixed by a pro, and not the other car drivers "mate".

dharn

if you enter the reg in carcheck .ie it will tell you the make model and colour then you will know if you remembered correctly.... oops i see someone else has already given you similar advice

DylanII

the_syco wrote: »

By any chance did this happen on a motorway? If so, the other driver may have been a learner, and panicked as they're not meant to be on a motorway?

When you find his insurance, ensure you get your car fixed by a pro, and not the other car drivers "mate".

No, it happened where the m50 and n4 join, going westbound.

Redisle wrote: »

Put the reg in on www.mywheels.ie and it will give you the make/model/colour so you know if you have it right.

Thanks,

Thats showing up as the same car, but the one that hit me was wine and this one is down as red?

Pat Mustard

Yawns wrote: »

Guess it went over your head so. He won't be suing the MIBI but rather making a claim from it if it turns out the other driver is uninsured....

Making a claim versus injuries board and/or legal proceedings. One follows the next. You are just splitting hairs.

Yawns

The Mustard wrote: »

Making a claim versus injuries board and/or legal proceedings. One follows the next. You are just splitting hairs.

Not really. It wasn't a member of MIBI or any representative of it that hit him. It's a fund set up and managed so that drivers may make a claim for damages in cases like the OP. If he was to sue them it would be a very different story. It may seem like I'm splitting hairs to you but in the world of the legal systems every technicality counts.

dharn

DylanII wrote: »

No, it happened where the m50 and n4 join, going westbound.



Thanks,

Thats showing up as the same car, but the one that hit me was wine and this one is down as red?

ya that could be a shade of red on the taxbook, it sound like you have the right car, hope you get sorted , id say you will be ok once you have the reg and the damage on yours matches the damage on his then you will be fixed up but it will be a long drawn out affair

Pat Mustard

MugMugs wrote: »

Whilst what you're currently saying is quite right it's also a little rash at this stage.

Well, it might be early for it, since he does not yet know if the other driver was uninsured, but rash? It's the cost of a postage stamp.

And the reason I suggested that the MIBI be notified, is that they check for reasons why they might not have to cover, so it can be better to notify early rather than let the matter slip by and perhaps be forgotten at a later stage.

Yawns

+1 to dharn. If you do have to go down the road of the MIBI, it can be very drawn out. It does sound like you have the right reg number. A wine colour will most likely be down as red on the registration.

Pat Mustard

Yawns wrote: »

Not really. It wasn't a member of MIBI or any representative of it that hit him. It's a fund set up and managed so that drivers may make a claim for damages in cases like the OP. If he was to sue them it would be a very different story. It may seem like I'm splitting hairs to you but in the world of the legal systems every technicality counts.

So are you saying that if the matter proceeded to court, that the MIBI would not be a party to the action?

Yawns

right so your advice is for him to sue MIBI off the bat? Best of luck then.

While he may have to go down the road of making a claim to MIBI, he will still need to first inform his own insurance company and get back in touch with the guards with the reg number and other details. The first port of call is not MIBI.

Yawns

The Mustard wrote: »

So are you saying that if the matter proceeded to court, that the MIBI would not be a party to the action?

The matter wouldn't be going to court tho. If it's as clear cut that the other driver is not insured, the OP will be awarded damages from MIBI. OP please just contact your insurer and allow them to advise you with regards to MIBI.

ABajaninCork

The Mustard wrote: »

And the reason I suggested that the MIBI be notified, is that they check for reasons why they might not have to cover, so it can be better to notify early rather than let the matter slip by and perhaps be forgotten at a later stage.

That should be taken care of by the OP's insurance surely? That's what they're there for!!

OP - Once the ball's rolling with the insurance, then I'd keep this at arm's length. Let them do what you pay them to do.

If the other side's insurance call or write to you. DO NOT ANSWER!! Refer all calls/correspondence to your insurers.

Pat Mustard

Yawns wrote: »

right so your advice is for him to sue MIBI off the bat? Best of luck then.

No, I did not suggest that at all.

And if the driver was uninsured, are you of the opinion that the MIBI should not be a party to legal proceedings?

Pat Mustard

Yawns wrote: »

The matter wouldn't be going to court tho. If it's as clear cut that the other driver is not insured, the OP will be awarded damages from MIBI. OP please just contact your insurer and allow them to advise you with regards to MIBI.

How could you possibly know which cases will require proceedings to be issued, and which won't?

MugMugs

The Mustard wrote: »

No, I did not suggest that at all.

And if the driver was uninsured, are you of the opinion that the MIBI should not be a party to legal proceedings?

I think we both know that they would be a Defendant and named.

What was being said that was that your initial reaction was quite aggressive and possibly unnecessarily litigious at a very early stage.

dharn

as far as i know its your own insurance company would be following mibi in fact you might have to claim off your own insurance and they claim off the uninsured drivers fund and then they disregard your claim give you back full no claims bonus etc

Pat Mustard

ABajaninCork wrote: »

That should be taken care of by the OP's insurance surely? That's what they're there for!!

That's not the way that things work, unfortunately. It's up to the the plaintiff/claimant to notify the MIBI.

Pat Mustard

MugMugs wrote: »

I think we both know that they would be a Defendant and named.

What was being said that was that your initial reaction was quite aggressive and possibly unnecessarily litigious at a very early stage.

Well, what I suggested was that MIBI be notified in order to protect the OP. Tell me I'm wrong.

Obviously, it is better to resolve matters amicably if possible, rather than get involved in litigation.

Should matters proceed to litigation the driver would be a named defendant, assuming he can be identified. Sometimes it is not possible to do this. In any case, the MIBI is a named defendant in MIBI cases.

Pat Mustard

dharn wrote: »

as far as i know its your own insurance company would be following mibi in fact you might have to claim off your own insurance and they claim off the uninsured drivers fund and then they disregard your claim give you back full no claims bonus etc

I think that you are more or less correct here in relation to property damage, but I think that the claimant should be covered by MIBI in the case of personal injury, without having to claim against his own insurance.

I'd have to look this up to make entirely sure of it, so feel free to correct me.

MugMugs

The Mustard wrote: »

Well, what I suggested was that MIBI be notified in order to protect the OP. Tell me I'm wrong.

Not notifying the MIBI before knowing whether they are to be involved or not will in no way prejudice the OP and or his position in relation to this claim...... "Tell me I'm wrong?" Seriously dude.... chill.

The Mustard wrote: »

Obviously, it is better to resolve matters amicably if possible, rather than get involved in litigation.

The Mustard wrote: »

Notify MIBI, or have your solicitor do it for you. If it turns out that they were uninsured, then you can sue the MIBI.

"Amicable solution" yet your opening post suggests "sue the MIBI"

The OP could choose to do that or he/her could just choose to intimate a claim and receive compensation without the need for Litigation.

You're entitled to your opinion on this matter but your opinion is aggressive and hostile without actually knowing the full facts of this matter. Maybe that explains why you've drawn so much heat in the few posts that you've made on this thread.

Pat Mustard

MugMugs wrote: »

Not notifying the MIBI before knowing whether they are to be involved or not will in no way prejudice the OP and or his position in relation to this claim...... "Tell me I'm wrong?" Seriously dude.... chill.

MugMugs wrote: »

"Amicable solution" yet your opening post suggests "sue the MIBI"

The OP could choose to do that or he/her could just choose to intimate a claim and receive compensation without the need for Litigation.

You're entitled to your opinion on this matter but your opinion is aggressive and hostile without actually knowing the full facts of this matter. Maybe that explains why you've drawn so much heat in the few posts that you've made on this thread.

Just different styles, really.

Look, I didn't suggest that the OP should sue. If you look at my posts, I suggested that this is a possibility. It can be done if necessary.

My opening post suggested that the MIBI could be sued if the other driver was uninsured - and that's true. There's nothing wrong with being assertive when it comes to enforcing rights.

If the OP is compensated adequately without litigation, that's a good result.

However, if the OP has to sue/apply to injuries board in order to get other parties to negotiate, then that sometimes that is what needs to be done to encourage people to the negotiating table, or otherwise progress matters.

the_syco

Ask your insurance company if they can check if the other car is insured.

MugMugs

the_syco wrote: »

Ask your insurance company if they can check if the other car is insured.

They can't.

djimi

All this talk of MIBI is wildly premature. Let the OP contact their own insurance company first, and let the Gardai a) find the guy in question and b) confirm if the are insured/uninsured before worrying about things like claiming off MIBI.

Can the OP even claim off MIBI if the Gardai cannot find the other driver or can't prove that he was involved?

Kopparberg Strawberry and Lime

MugMugs wrote: »

They can't.

I wonder what would happen if you rang around different insurers with the reg would they be obliged to say ?

ResearchWill

djimi wrote: »

All this talk of MIBI is wildly premature. Let the OP contact their own insurance company first, and let the Gardai a) find the guy in question and b) confirm if the are insured/uninsured before worrying about things like claiming off MIBI.

Can the OP even claim off MIBI if the Gardai cannot find the other driver or can't prove that he was involved?

Yes he can claim from MIBI in the event of an unidentified driver, there are slightly different rules, and property damage is only covered if the PI is serious and the claimant spent at least 5 days in hospital.

Most questions on MIBI can be answered here http://www.mibi.ie/fileadmin/documents/members_site/mibi_agreements/Signed_MIBI_Agreement_29_Jan_09.pdf

In relation to the issue is the other driver insured

3.6 The claimant shall endeavour to establish if an approved policy of insurance covering the use of any vehicle involved in the accident exists by demanding or arranging for the claimant􏰀s legal representative to demand insurance particulars (including policy number if available) of the user or owner of the vehicle in accordance with the provisions of Section 73 of the Road Traffic Act, 1961. Provided the claimant or his legal advisers have made this demand in writing and he has been unsuccessful in so establishing after two months from the date of the accident, notification to MIBI may then take place. If within that two month period the claimant can present to MIBI written confirmation from a member of An Garda Síochána or the owner and/or user of the vehicle giving rise to the claim, then notification may take place immediately.

Marcusm

Kopparberg Strawberry and Lime wrote: »

I wonder what would happen if you rang around different insurers with the reg would they be obliged to say ?

No they should not as it would be a breach of the Data Protection Act.

ResearchWill

Kopparberg Strawberry and Lime wrote: »

I wonder what would happen if you rang around different insurers with the reg would they be obliged to say ?

They would be obliged to say nothing.

Kopparberg Strawberry and Lime

ResearchWill wrote: »

They would be obliged to say nothing.

so if I rang an insurance company and said "hello, a vehicle bearing the mark 02-d-219xx has had a Collison with my vehicle and I would like to make a claim" they would do nothing ?

for some reason I don't believe that.

ResearchWill

Kopparberg Strawberry and Lime wrote: »

so if I rang an insurance company and said "hello, a vehicle bearing the mark 02-d-219xx has had a Collison with my vehicle and I would like to make a claim" they would do nothing ?

for some reason I don't believe that.

But then you know that the insurance company is the one covering the driver. Which is different to what you originally said. What you originally said "I wonder what would happen if you rang around different insurers with the reg would they be obliged to say ?"

What you can do is trace the owner of the car through the LA, then make a demand of that owner to provide insurance details, if you can not get such information within 2 months then you can go to MIBI. I put this up already but here it goes again.

3.6 The claimant shall endeavour to establish if an approved policy of insurance covering the use of any vehicle involved in the accident exists by demanding or arranging for the claimant��s legal representative to demand insurance particulars (including policy number if available) of the user or owner of the vehicle in accordance with the provisions of Section 73 of the Road Traffic Act, 1961. Provided the claimant or his legal advisers have made this demand in writing and he has been unsuccessful in so establishing after two months from the date of the accident, notification to MIBI may then take place. If within that two month period the claimant can present to MIBI written confirmation from a member of An Garda Síochána or the owner and/or user of the vehicle giving rise to the claim, then notification may take place immediately.

Kopparberg Strawberry and Lime

ResearchWill wrote: »

But then you know that the insurance company is the one covering the driver. Which is different to what you originally said.

What you can do is trace the owner of the car through the LA, then make a demand of that owner to provide insurance details, if you can not get such information within 2 months then you can go to MIBI. I put this up already but here it goes again.

3.6 The claimant shall endeavour to establish if an approved policy of insurance covering the use of any vehicle involved in the accident exists by demanding or arranging for the claimantô°€s legal representative to demand insurance particulars (including policy number if available) of the user or owner of the vehicle in accordance with the provisions of Section 73 of the Road Traffic Act, 1961. Provided the claimant or his legal advisers have made this demand in writing and he has been unsuccessful in so establishing after two months from the date of the accident, notification to MIBI may then take place. If within that two month period the claimant can present to MIBI written confirmation from a member of An Garda Síochána or the owner and/or user of the vehicle giving rise to the claim, then notification may take place immediately.

sorry I meant if I rang any oul company and said that quote.

but sure can the gardai not clarify insurance themselves or would it be more about who was driving the car ?

or is it that the gardai get the drivers details and ask them for their proof of insurance cert ?

in the ops case anyway it's just let their insurance company do the work.

ResearchWill

Kopparberg Strawberry and Lime wrote: »

sorry I meant if I rang any oul company and said that quote.

but sure can the gardai not clarify insurance themselves or would it be more about who was driving the car ?

or is it that the gardai get the drivers details and ask them for their proof of insurance cert ?

in the ops case anyway it's just let their insurance company do the work.

The problem with your scheme is if you don't ring one insurance company or forget one then you can not say for sure if the guy was insured or not.

Yes AGS would usually do this but the OP said he gave AGS a partial number, he now awaits a call from AGS as he does not have contact details for the Garda. Yes the OP could just leave everything in the hands of his own insurance company, I was only answering the question how does the OP prove the guy was insured and there is a way under MIBI agreement.

Kopparberg Strawberry and Lime

ResearchWill wrote: »

The problem with your scheme is if you don't ring one insurance company or forget one then you can not say for sure if the guy was insured or not.

Yes AGS would usually do this but the OP said he gave AGS a partial number, he now awaits a call from AGS as he does not have contact details for the Garda. Yes the OP could just leave everything in the hands of his own insurance company, I was only answering the question how does the OP prove the guy was insured and there is a way under MIBI agreement.

yeah that's what I was trying to get at myself... ways of proving that accused is insured.

can it be done through mibi directly ?

ResearchWill

Kopparberg Strawberry and Lime wrote: »

yeah that's what I was trying to get at myself... ways of proving that accused is insured.

can it be done through mibi directly ?

Yes it can be done by MIBI but my reading of the agreement is you have to attempt yourself first then pass to MIBI if you can't get an answer after 2 months.

dharn

why waste your time ringing all the insurance companies, the garda have told you it is insured ,so your own company will find out who his insurance company is ,the garda also know who the registered owner is so they can call to his address and take it from there, if has the car hidden well im sure they will still prosecute ,the gardai have an anpr system which can tell by reg if a car is insured and also the owner id, so dont be panicking, let the process take its course, judging by other threads here the gardai move very slowly

pcardin

DylanII wrote: »

Hi,

I'll see my doctor tomorrow just to make sure the neck pain and headache are just something minor, but is there anything else I should do?

Ah...the famous neck pain... :rolleyes:


I do feel sorry for you though.

Pat Mustard

pcardin wrote: »

Ah...the famous neck pain... :rolleyes:

Charming.

Henry Ford III

I had a MIBI claim a few years ago. Uninsured driver hit my car and did a runner.
I got the reg. and called the Gardai.

They found the owner that night, and after initially denying involvement they eventually admitted it (my car is orange so it was a bit of a giveaway).

My comp. cover paid for the the repairs, and we got reimbursed from MIBI within 3 months.

A claims manager was involved and were excellent. I just stayed in touch and pushed it to conclusion.

Ins. renewal came with my NCB intact and restored.

You must find the 3rd party however. The Gardai should be able run the reg. and tell you if cover was in place, and if so with whom.


p.s. The Gardai threw the book at the 3rd party, took her to court, and she got banned.