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Car Insurance - car scratched in car park - other party denying it....

  • 22-01-2013 4:03pm
    #1
    Registered Users, Registered Users 2 Posts: 134 ✭✭


    Hi All,

    Firstly, I'm not sure if I am posting this in the right forum or not. Mods, please let me know if it should be elsewhere.

    Just before Christmas I parked in a car park in Dublin City centre and went to meet someone for lunch. When I came back to my car I saw that the passenger door had a scratch of about a foot and a half long down it which I knew was not there previously (I had only washed the car the previous day).

    I immediately assumed that someone had scratched it when trying to park beside me and driven off. However, I then looked at the car parked in the space beside me at a slightly awkward angle and realized it had done the damage. The front bumper of the car had paint from my car on it and a scratch at exactly the same height as the one on my car.

    This car had insurance but it had an out of date tax disc from a completely different car on it so I was left wondering what to do. Anyway, I phoned the police station in Pearse street and they said they would send someone up. Unfortunately, the Garda they sent went to the wrong car park initially and minutes before they arrived a women came back to the car parked beside me.

    I approached her and explained that I felt she had scratched my car when parking. She immediately denied doing anything and got in her car to go. In an attempt to stop her leaving I told her that the police had been and that they were coming back in five minutes (I had got a called from the police station telling me the Garda was now on her way). The women immediately drove off, shouting back at me that I could take her registration if I wanted as she drove. I had already taken a number of pictures of her car and the scene in general.

    The Garda was really helpful when she arrived and took all the relevant details. We also realised that there was a CCTV camera that had one side of my car, the opposite side to where the damage was done, in view. The person working in the car park said they would pull the tapes - they were not able to do it themselves but the guy working that evening could.

    I reported the incident to the women's insurance company AXA and spoke to the Garda a couple of times after the event. She went out to the registered owner of the car and they claimed, despite the fact that I have photos, that the car was in their drive all the time, it wasn't in the car park, it was off the road and hence it had no tax. The person had since paid the tax and had a new tax disc.

    I have not seen the CCTV footage but from speaking to the guy in the car park and to the Garda it is not conclusive as it is from the wrong side of my car, although it does show the women approach the parking space at a strange angle. The guy working in the car park told me he had footage of my car entering the car park with no mark on the passenger side which he was going to put on the disc for the Garda. When I spoke to her though I'm not sure she had seen this so perhaps he didn't put it on the disc. I need to check this with her but if it's not there I have a feeling it's wiped from the car parks system now - they only store data for 4 weeks.

    Anyway, AXA sent out an inspector to view my car and see if the quote I got for the work (€800) was fair. He said the quote was fine and that typically when he is sent out it means the insurance company are going to settle. He basically said he was sure they would settle but he didn't know the details of the case. I was very happy after this.

    That was last week and I when didn't hear anything from the insurance company I phoned them yesterday. They said that they are waiting for the Garda to come back from holidays (she has gone to Oz for 6 weeks) so they can ask her about the CCTV as the insured women is denying everything. They suggested that maybe I should talk to my own insurance company, reading between the lines she was suggesting they wouldn't be paying up.

    I am now very pessimistic that the insurance will settle as the CCTV is not conclusive, even though I am 100% sure this girl damaged my car.

    Anything I can do in these circumstances other than curse my bad luck?

    Cheers


Comments

  • Registered Users, Registered Users 2 Posts: 7,525 ✭✭✭kona


    Hi All,

    Firstly, I'm not sure if I am posting this in the right forum or not. Mods, please let me know if it should be elsewhere.

    Just before Christmas I parked in a car park in Dublin City centre and went to meet someone for lunch. When I came back to my car I saw that the passenger door had a scratch of about a foot and a half long down it which I knew was not there previously (I had only washed the car the previous day).

    I immediately assumed that someone had scratched it when trying to park beside me and driven off. However, I then looked at the car parked in the space beside me at a slightly awkward angle and realized it had done the damage. The front bumper of the car had paint from my car on it and a scratch at exactly the same height as the one on my car.

    This car had insurance but it had an out of date tax disc from a completely different car on it so I was left wondering what to do. Anyway, I phoned the police station in Pearse street and they said they would send someone up. Unfortunately, the Garda they sent went to the wrong car park initially and minutes before they arrived a women came back to the car parked beside me.

    I approached her and explained that I felt she had scratched my car when parking. She immediately denied doing anything and got in her car to go. In an attempt to stop her leaving I told her that the police had been and that they were coming back in five minutes (I had got a called from the police station telling me the Garda was now on her way). The women immediately drove off, shouting back at me that I could take her registration if I wanted as she drove. I had already taken a number of pictures of her car and the scene in general.

    The Garda was really helpful when she arrived and took all the relevant details. We also realised that there was a CCTV camera that had one side of my car, the opposite side to where the damage was done, in view. The person working in the car park said they would pull the tapes - they were not able to do it themselves but the guy working that evening could.

    I reported the incident to the women's insurance company AXA and spoke to the Garda a couple of times after the event. She went out to the registered owner of the car and they claimed, despite the fact that I have photos, that the car was in their drive all the time, it wasn't in the car park, it was off the road and hence it had no tax. The person had since paid the tax and had a new tax disc.

    I have not seen the CCTV footage but from speaking to the guy in the car park and to the Garda it is not conclusive as it is from the wrong side of my car, although it does show the women approach the parking space at a strange angle. The guy working in the car park told me he had footage of my car entering the car park with no mark on the passenger side which he was going to put on the disc for the Garda. When I spoke to her though I'm not sure she had seen this so perhaps he didn't put it on the disc. I need to check this with her but if it's not there I have a feeling it's wiped from the car parks system now - they only store data for 4 weeks.

    Anyway, AXA sent out an inspector to view my car and see if the quote I got for the work (€800) was fair. He said the quote was fine and that typically when he is sent out it means the insurance company are going to settle. He basically said he was sure they would settle but he didn't know the details of the case. I was very happy after this.

    That was last week and I when didn't hear anything from the insurance company I phoned them yesterday. They said that they are waiting for the Garda to come back from holidays (she has gone to Oz for 6 weeks) so they can ask her about the CCTV as the insured women is denying everything. They suggested that maybe I should talk to my own insurance company, reading between the lines she was suggesting they wouldn't be paying up.

    I am now very pessimistic that the insurance will settle as the CCTV is not conclusive, even though I am 100% sure this girl damaged my car.

    Anything I can do in these circumstances other than curse my bad luck?

    Cheers
    Next time, park in two spots away from the spastics, and **** the geebags who whinge. I'd rather my car stay clean and be obnoxious than be not and have my car damaged.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    kona wrote: »
    Next time, park in two spots away from the spastics, and **** the geebags who whinge. I'd rather my car stay clean and be obnoxious than be not and have my car damaged.

    As a general rule I'd disagree with this, but reading the OP's story who could blame him/her if they do exactly that from now on.

    Ridiculous state of affairs though that the whole thing has to grind to a halt while the Garda in question (who wasn't a witness so surely any of them would do in a case like this?) is on (6 weeks!) holliers though. Isn't that why they have Pulse and evidence rooms etc?

    I mean even Call centres don't make you wait for the first person you spoke to originally - just quote the case reference/ticket/account number and continue from there.

    Hope you get sorted though OP.


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    Kaiser2000 wrote: »

    As a general rule I'd disagree with this, but reading the OP's story who could blame him/her if they do exactly that from now on.

    Ridiculous state of affairs though that the whole thing has to grind to a halt while the Garda in question (who wasn't a witness so surely any of them would do in a case like this?) is on (6 weeks!) holliers though. Isn't that why they have Pulse and evidence rooms etc?

    I mean even Call centres don't make you wait for the first person you spoke to originally - just quote the case reference/ticket/account number and continue from there.

    Hope you get sorted though OP.

    It isn't ridiculous that everything comes to a halt just because the Garda is on holidays for six weeks. This is not a serious crime/incident so it can wait for that length of time. It may take a little longer for the OP to get the car sorted but that's all.

    As for the call centre reference we are not talking about a tech issue here.


  • Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    Kaiser2000 wrote: »
    As a general rule I'd disagree with this, but reading the OP's story who could blame him/her if they do exactly that from now on.

    Then you should pay for two spots.


  • Registered Users, Registered Users 2 Posts: 7,525 ✭✭✭kona


    MarkR wrote: »

    Then you should pay for two spots.
    So if I drive a mini which occupies 65% of the space do I get a 35% reduction?


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  • Registered Users, Registered Users 2 Posts: 2,257 ✭✭✭deandean


    Contact the car park directly, ask for a copy of their CCTV footage (if they still have it), send it to AXA along with a few still shots. Hope you get sorted!


  • Registered Users, Registered Users 2 Posts: 9,060 ✭✭✭Kenny Logins


    kona wrote: »
    So if I drive a mini which occupies 65% of the space do I get a 35% reduction?

    If there was a space marked out that size, yes.


  • Registered Users, Registered Users 2 Posts: 134 ✭✭BenAndJerry


    Thanks guys.

    I think I'll stick to just taking one place in a car park although I always try and park next to the wall, as I did on this occasion, so at least I can only be hit from one side!

    I actually tried to collect the CCTV myself originally but the Garda got there before me. I'll try and talk to the Garda again before the insurance company does and see if I can view the CCTV. I don't think it's conclusive though as it's from the wrong side of my car.

    If it has my car going in to the car park with no scratch that might help but I'm guessing the insurance company might say this is all circumstantial evidence.

    In reality, why would the insurance company decide to payout anyway? It's in their favour not to pay out at all....

    Thanks for all the comments thus far!


  • Banned (with Prison Access) Posts: 7,129 ✭✭✭my friend


    kona wrote: »
    Next time, park in two spots away from the spastics, and **** the geebags who whinge. I'd rather my car stay clean and be obnoxious than be not and have my car damaged.

    That's okay, just be sure to pay for 1 space for the full day + your charges.


  • Registered Users, Registered Users 2 Posts: 3,964 ✭✭✭Kopparberg Strawberry and Lime


    I had something similar a lil while ago. keep annoying their insurance company.

    every few days make a phone call, get a lil annoyed at them and their attitude will soon change.

    they have inconvenienced you for a lenthy time, explain that !

    I reckon it willl work in your favour however.

    I dont think anything would be done about the tax disc if they paid all the way back to the cars lasy expiry. .. if they declared off theroad you have proof otherwise but thats for the gardai


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  • Closed Accounts Posts: 3,267 ✭✭✭visual


    Wonder why garda haven't followed through with driving away from the scene of accident.

    That woman who drove away appears to have an attitude problem and a disregard for fair play or take responsibility.


  • Registered Users, Registered Users 2 Posts: 7,525 ✭✭✭kona


    my friend wrote: »

    That's okay, just be sure to pay for 1 space for the full day + your charges.
    I do pay for two spaces , so can I sublet out the area some self righteous geebag occupies that I've paid for?


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    TheNog wrote: »
    It isn't ridiculous that everything comes to a halt just because the Garda is on holidays for six weeks. This is not a serious crime/incident so it can wait for that length of time. It may take a little longer for the OP to get the car sorted but that's all.

    As for the call centre reference we are not talking about a tech issue here.

    You're right - it's not a serious crime, so there's no reason another Garda can't take over the "investigation" while their colleague bums around Oz for 6 weeks!

    And with all due respect, this wasn't the OP's fault, so why should he/she be inconvenienced or held up any more than absolutely necessary in getting it resolved - and again, fecking around Oz for 6 weeks isn't a decent enough reason in my book.

    Buuut.. I see from your posting history that you're a Garda yourself so your response doesn't surprise me! :rolleyes: It's that sort of lazy apathetic "ah shure it'll be grand" approach to the job that has us with a force that is in bad need of a top-to-bottom clear out


  • Banned (with Prison Access) Posts: 7,102 ✭✭✭Stinicker


    Speak to a solicitor you should be taking legal action against her unless she pays for the damage she caused to your car.


  • Registered Users, Registered Users 2 Posts: 10,628 ✭✭✭✭Marcusm


    Thanks guys.

    I think I'll stick to just taking one place in a car park although I always try and park next to the wall, as I did on this occasion, so at least I can only be hit from one side!

    I actually tried to collect the CCTV myself originally but the Garda got there before me. I'll try and talk to the Garda again before the insurance company does and see if I can view the CCTV. I don't think it's conclusive though as it's from the wrong side of my car.

    If it has my car going in to the car park with no scratch that might help but I'm guessing the insurance company might say this is all circumstantial evidence.

    In reality, why would the insurance company decide to payout anyway? It's in their favour not to pay out at all....

    Thanks for all the comments thus far!

    If the other party has denied to the Garda that the car was even in the car park and this is then disproven using the CCTV footage, I doubt that their insurance company will be able to defend the position. A lack of honesty in the face of the Gardai is a strong indicator of some element of guilt or culpability.


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    Kaiser2000 wrote: »

    You're right - it's not a serious crime, so there's no reason another Garda can't take over the "investigation" while their colleague bums around Oz for 6 weeks!

    And with all due respect, this wasn't the OP's fault, so why should he/she be inconvenienced or held up any more than absolutely necessary in getting it resolved - and again, fecking around Oz for 6 weeks isn't a decent enough reason in my book.

    Buuut.. I see from your posting history that you're a Garda yourself so your response doesn't surprise me! :rolleyes: It's that sort of lazy apathetic "ah shure it'll be grand" approach to the job that has us with a force that is in bad need of a top-to-bottom clear out

    You clearly have no clue about a Garda investigation or what can happen during one such as this so why do you post pretending that you do.

    Other Gardai have their investigations to do and believe me each Garda has enough to do without taking on a very very minor incident such as this which will be sorted I'm sure for the OP. There is little need for dramatics that you are insinuating. Not everything has to be done with breakneck speed.


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    Marcusm wrote: »

    If the other party has denied to the Garda that the car was even in the car park and this is then disproven using the CCTV footage, I doubt that their insurance company will be able to defend the position. A lack of honesty in the face of the Gardai is a strong indicator of some element of guilt or culpability.

    Very true OP. Everything should work out ok for you in the end. Leave up to the Garda involved and the insurance companies to sort it out.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    TheNog wrote: »
    You clearly have no clue about a Garda investigation or what can happen during one such as this so why do you post pretending that you do.

    Other Gardai have their investigations to do and believe me each Garda has enough to do without taking on a very very minor incident such as this which will be sorted I'm sure for the OP. There is little need for dramatics that you are insinuating. Not everything has to be done with breakneck speed.

    Ah but we're not talking about the investigation being deferred because the Garda in question was doing something else that had a higher priority - the Garda in question had/has gone off on holiday for 6 weeks!

    And considering you don't know what I do or don't know about the process (such as it is), please don't condescend me - it's a sign of a poor ability to argue a point.

    Let's reiterate that point.. you're defending a case sitting in limbo for no other reason than the investigating officer having gone off to Oz for 6 weeks no less! I don't see why (seeing as it is such a very minor incident) no other Garda could deal with it in their absence - y'know like happens in any other sector if someone is away on planned/extended leave!

    Finally, I don't see any issue with expecting AGS to conduct their affairs in a professional, competent and efficient manner - the lack of those 3 factors are exactly why we have such a problem with official bodies in this country. I have to perform my job to those standards, and if I don't I'd face sanctions up to and including dismissal. I don't see why it should be different for AGS.

    You may consider this incident minor, but for the OP it's hassle/frustration, time wasted chasing it, has left his car damaged through no fault of his own, and the Insurance Co's may decide to settle it themselves in the interim (potentially at his expense) - all because your colleague wants to feck about in Oz for 6 weeks?

    Considering several of your colleagues are posting over in the Emergency Services forum about just punching the clock these days, I think a new approach to the job (which carries with it serious responsibilities and consequences) is long overdue - but we've already seen lately how the few decent Gardai who dare object to the status quo are treated like lepers by not only their colleagues but the Commissioner himself.

    That's a great system you're defending alright!


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    Kaiser2000 wrote: »

    Ah but we're not talking about the investigation being deferred because the Garda in question was doing something else that had a higher priority - the Garda in question had/has gone off on holiday for 6 weeks!

    And considering you don't know what I do or don't know about the process (such as it is), please don't condescend me - it's a sign of a poor ability to argue a point.

    Let's reiterate that point.. you're defending a case sitting in limbo for no other reason than the investigating officer having gone off to Oz for 6 weeks no less! I don't see why (seeing as it is such a very minor incident) no other Garda could deal with it in their absence - y'know like happens in any other sector if someone is away on planned/extended leave!

    Finally, I don't see any issue with expecting AGS to conduct their affairs in a professional, competent and efficient manner - the lack of those 3 factors are exactly why we have such a problem with official bodies in this country. I have to perform my job to those standards, and if I don't I'd face sanctions up to and including dismissal. I don't see why it should be different for AGS.

    You may consider this incident minor, but for the OP it's hassle/frustration, time wasted chasing it, has left his car damaged through no fault of his own, and the Insurance Co's may decide to settle it themselves in the interim (potentially at his expense) - all because your colleague wants to feck about in Oz for 6 weeks?

    Considering several of your colleagues are posting over in the Emergency Services forum about just punching the clock these days, I think a new approach to the job (which carries with it serious responsibilities and consequences) is long overdue - but we've already seen lately how the few decent Gardai who dare object to the status quo are treated like lepers by not only their colleagues but the Commissioner himself.

    That's a great system you're defending alright!

    Wow post is way off topic for the most part and the impression given is Gardai should not have holidays. I didn't read all of it though but that's the gist.

    Anyways the point I want to make is that you made a lot of presumptions in your posts without asking me or any other posters any questions of what might happen or not happen while that Garda is on holidays ( or bumming around ).

    So ask away.


  • Registered Users, Registered Users 2 Posts: 29 mcnamarak


    Stinicker wrote: »
    Speak to a solicitor you should be taking legal action against her unless she pays for the damage she caused to your car.

    Yes or at least threaten her a little with a letter from a solicitor - this costs about E100 or so but worth it as lets face it do you want your no claims bonus gone as you had to claim for something that wasnt your fault..

    Also i think something that is worth focusing on is this womans claim that she was not using her car, which is assume you have the reg number of in the photos, on the date in question. Two things you need to clarify:
    Firstly, is there a statement to a garda or some sort of proof that shows she foolishly said this.
    Secondly, if she is going with the ridiculous story that her car was at home, then what car was she seen using ( as far as i remember you said she was seen trying a funny angle to park ) or if im mistaken and if the car is not visible from the cctv footage the gardas have then what car is she claiming to have used instead?
    So You need to rule out the first thing and if there is no statement then i would contact her insurance company again and state the woman claims she was not using her car this day so you would like them to clarify if she had a temporary car cover or has insurance to cover driving other cars - its possible the insurance company may not give you this due to data protection but do ask and scare them a bit. If asking the insurance company cannot disclose, you can ask the garda to investigate this to see if its possible for them to speak with the insurance company (im not sure if this is something they can do) OR get onto a solicitor, preferably recommended, and ask them to investigate, legally once you appoint a legal representative they have to be given the information as it would be considered a much more serious matter as there is a possible court threat (which will not be likely as once the womans sees a solicitors letter she should wake up and smell the roses!!)

    Hope this helps a little and that the woman comes to her senses. And if not theres always karma to come back and get her!!!


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  • Registered Users, Registered Users 2 Posts: 1,830 ✭✭✭RandomAccess


    I think were sufficiently off topic to ask the question now on everyones mind... so this lady Garda.. would ya?


  • Registered Users, Registered Users 2 Posts: 103 ✭✭jenniferalan


    I think you should also contact a solicitor. Beforehand inform your insurance co as if you don't they can refuse to pay for the legal costs


  • Closed Accounts Posts: 548 ✭✭✭Wils110


    Did you take pics of your paint on their bumper
    And the reg of the car as a whole there

    They told the guards the car was off the road but its seen entering a car park on CCTV

    You win


  • Registered Users, Registered Users 2 Posts: 29 mcnamarak


    Wils110 wrote: »
    Did you take pics of your paint on their bumper
    And the reg of the car as a whole there

    They told the guards the car was off the road but its seen entering a car park on CCTV

    You win

    AGREED!! Much simplier version of my rant... Thats what you call the 'trump' card :)


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    I wouldn't engage a solicitor because it would cost the OP for something where there is no need. Then again it is up to the OP


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    TheNog wrote: »
    Wow post is way off topic for the most part and the impression given is Gardai should not have holidays. I didn't read all of it though but that's the gist.

    Anyways the point I want to make is that you made a lot of presumptions in your posts without asking me or any other posters any questions of what might happen or not happen while that Garda is on holidays ( or bumming around ).

    So ask away.

    Maybe have a read of the post in full first and then come back to me with any questions/counter arguments you may have would be a good starting point?

    But yes, this is way OT and so I'll summarise for you- I just have a problem with the AGS attitude of "ah shure the public can just wait till it suits us to bother doing the job we're being paid for" that you're justifying... but maybe that's me!


  • Registered Users, Registered Users 2 Posts: 516 ✭✭✭Jogathon


    Ah, seriously Kaiser, stop going on and on about the guards. It's getting boring. The matter will be sorted in due course. And I'm not a guard so don't have ulterior motive in posting.

    Op, did you or the guard get CCTV footage yet? Once you have that then I can't imagine any problems.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    Jogathon wrote: »
    Ah, seriously Kaiser, stop going on and on about the guards. It's getting boring. The matter will be sorted in due course. And I'm not a guard so don't have ulterior motive in posting.

    Op, did you or the guard get CCTV footage yet? Once you have that then I can't imagine any problems.

    Ironically it's not actually just about the Gardai. If this was the gas company or the ESB or any other company that had left me "on hold" like that for 6 weeks for no other reason than the person I was originally dealing with had fecked off on holidays, but where there was also no reason why someone else couldn't just deal with it in their absence, I'd have the same problem.

    It's this attitude that the public/customer can "just wait" that bugs me about it and I cannot stand the "ah shure it'll be grand" approach to EVERYTHING in this backwards little country - in this case, were it me, I'd be pushing it because of the fact that the OP says there's a chance the insurance co's may decide it among themselves and I'm sure we all know how that can turn out depending on their mood, ie:
    That was last week and I when didn't hear anything from the insurance company I phoned them yesterday. They said that they are waiting for the Garda to come back from holidays (she has gone to Oz for 6 weeks) so they can ask her about the CCTV as the insured women is denying everything. They suggested that maybe I should talk to my own insurance company, reading between the lines she was suggesting they wouldn't be paying up.

    As a side note, I've taken exactly the same approach above in the past when someone pulled out in front of me and I had a cheque for the full amount in my hands 2.5 weeks later.


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    Kaiser2000 wrote: »

    Maybe have a read of the post in full first and then come back to me with any questions/counter arguments you may have would be a good starting point?

    But yes, this is way OT and so I'll summarise for you- I just have a problem with the AGS attitude of "ah shure the public can just wait till it suits us to bother doing the job we're being paid for" that you're justifying... but maybe that's me!

    I'm not really bothered to read all your post because I got the general idea.

    I'm not going argue or question your points cos it appears you already have your mind made up. What I will do is make some short points on what the Garda may have done or got the ball rolling while she is away.

    1. Demand for driving licence and insurance made on the owner/driver

    2. CCTV requested

    3. Statements taken or will be taken

    4. CCTV printed stills maybe requested

    5. Continuity of evidence in case of further legal proceedings

    6. Request for information from Motor Tax office


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  • Registered Users, Registered Users 2 Posts: 134 ✭✭BenAndJerry


    Thanks for all the input so far.

    Firstly, let me start by saying that I've been very impressed with how the Garda that was dealing with this issue for me has handled it so far. She went out of her way on a couple of occasions to follow it up - calling me on a weekend to update me when she wasn't in work for example having failed to get a chance the previous day as she was out on a security escort.

    I'm not going to argue over her entitlement to holidays - I don't know the circumstances.

    I actually think the insurance company could get the CCTV if they requested it from her superintendent - I think they might just be inefficient and are probably happy enough to drag their heals as it means they are not paying out.

    My big issue is that when they get the CCTV I think they will decide not to pay out as it is taken from the wrong side of my car and isn't conclusive as a result. I haven't seen it myself (the Garda collected it) but this is what the Garda told me and also what the guy in the car park said.

    However, I know this women did the damage as:

    1. I know my car was undamaged going in to the car park
    2. She had a scratch on her car at the exact height of the damage on my car with my paint on it.

    So, the evidence I have so far is a number of pictures I have taken on my phone but I'm not sure these would hold up in court. Also, a friend happened to be in the car park at the same time and he saw both cars with me after the event happened but no one saw it actually happening that I know of.

    If the women hadn't of driven off before the Garda arrived I think I would be fine - the Garda would have seen the damage on both cars in situ.

    Just to repeat, the Garda went to the registered owners home address and they said the car wasn't even out of their drive when the accident happened. Despite me having photos of it and it being on CCTV. I think the womens approach is deny everything and hope the insurance company just side with her as there is no stonewall proof as she left the scene.

    Basically, I reckon the insurance wont pay and she'll get away with it.


  • Registered Users, Registered Users 2 Posts: 134 ✭✭BenAndJerry


    :TheNog what do you mean by "exactly the same approach" - claiming on your own insurance? Obviously, this is not my preferred option as the accident was not my fault.

    Thanks


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    visual wrote: »
    Wonder why garda haven't followed through with driving away from the scene of accident.
    Technically she didn't. Where damage to property occurs, the only obligation is to inform the property owner (or a Garda if the property owner is unavailable). In this case, the property owner discovered the damage, so the woman isn't technically in breach of her obligations.
    Obligation to inform/contact the Gardai only arises when someone has been injured.
    My big issue is that when they get the CCTV I think they will decide not to pay out as it is taken from the wrong side of my car and isn't conclusive as a result. I haven't seen it myself (the Garda collected it) but this is what the Garda told me and also what the guy in the car park said.

    ...

    Just to repeat, the Garda went to the registered owners home address and they said the car wasn't even out of their drive when the accident happened. Despite me having photos of it and it being on CCTV.
    If the Garda has the CCTV footage and the woman is on record outright denying she was there, then it looks good for you, IMO.


  • Registered Users, Registered Users 2 Posts: 134 ✭✭BenAndJerry


    seamus wrote: »

    If the Garda has the CCTV footage and the woman is on record outright denying she was there, then it looks good for you, IMO.

    That's what I thought but I think she has told the Garda one story (i.e. I wasn't there and that's why I had not tax) and told the insurance company another (i.e. I was there but I didn't do any damage to another car)

    Obviously it favours the insurance company not to pay out so they are likely to side with her IMO if there is any doubt.


  • Registered Users, Registered Users 2 Posts: 10,628 ✭✭✭✭Marcusm


    That's what I thought but I think she has told the Garda one story (i.e. I wasn't there and that's why I had not tax) and told the insurance company another (i.e. I was there but I didn't do any damage to another car)

    Obviously it favours the insurance company not to pay out so they are likely to side with her IMO if there is any doubt.

    You need to square the circle on this one; as I mentioned earlier, if her insurance company is made aware that she has lied to the Garda to the effect that she was not present and the CCTV backs this up (or if she has already admitted it to them), they will lose confidence in her. Have you informed your insurer? They may be able to pass this information on in the absence of the Garda.


  • Registered Users, Registered Users 2 Posts: 134 ✭✭BenAndJerry


    Marcusm wrote: »
    You need to square the circle on this one; as I mentioned earlier, if her insurance company is made aware that she has lied to the Garda to the effect that she was not present and the CCTV backs this up (or if she has already admitted it to them), they will lose confidence in her. Have you informed your insurer? They may be able to pass this information on in the absence of the Garda.

    Yeah, I actually phoned the insurance company to tell them this today. However, they weren't particularly interested to be honest - they were just saying "oh, there is no record of that on file". I think my best bet might be to speak to the Garda when she gets back from Oz and in advance of her talking to the insurance company (they have left a message for he to call them). If she can inform the insurance company that the car owner was initially claiming the car was in her drive on the day of the accident and that it hadn't been on the road as it wasn't taxed then that might help me.

    We'll see - -it's very frustrating though!

    Thanks for your input.


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  • Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭slavetothegrind


    if you have no joy with the insurers try the small claims court, 25 euro fee.

    I hope she gets charged with some sort of offense for her lies, wasting garda time hindering an investigation or some such.

    good luck anyway OP


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    kona wrote: »
    Next time, park in two spots away from the spastics, and **** the geebags who whinge. I'd rather my car stay clean and be obnoxious than be not and have my car damaged.

    I usually make it a point to park as close and awkwardly as possible next to spazbags like that.


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    :TheNog what do you mean by "exactly the same approach" - claiming on your own insurance? Obviously, this is not my preferred option as the accident was not my fault.

    Thanks

    No you shouldn't claim from your insurance cos you said it wasn't your fault at all.

    If you haven't already I would get a written quote to have your car fixed so as to have it ready for when the Garda returns from holidays.

    Don't worry too much about the insurance companies to be honest, everything appears to be very much in your favour.


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