Common Assault

m5ex9oqjawdg2i

Hi there, I searched the forums trying to find a similar case, but it's easier said than done.

I'll keep it short and sweet.

I was involved in a collision recently where another car was changing lanes and touched my car. No damage to my car, but the guy was livid. He got out of his car, opened my drivers door, I closed the door again as I got a fright. I didn't see him getting out of his car and coming to my driver door. Our cars were parallel at this point.

He then went to the front of my car to take my details, I went to the back of his car to take his reg, make and model of the car. He then came around behind me and spat at the back of my head. I turned and asked him why did he do that for, there was no need for it, etc etc. He started pushing me pretty hard, I stumbled but did not fall to the ground. I was walking backwards and he was following, a passer buy was shouting to stop assaulting me and the other party realised that it was 6PM, rush hour traffic in town... He stopped and started insulting me, calling me a coward and that I was afraid of him, he was clenching his fist at this point and was provoking me to attack him. I said I was afraid and that I am going to call the guards to sort it out. I got back in my car and waited for the Gardai to arrive.

I told the guards that I wanted to charge him for assault. They phoned me today, saying that the other party didn't want to make a complaint and am I still interested in pressing charges. I said yes. I corrected the guard about a few details on the phone. I'm now somewhat nervous about making a statement. If I go to a solicitor, can I recover the costs involved?

I was not hurt and my car was not damaged. I am not looking to sue for money or anything like that. I just don't like the idea of people like this on the road and being able to attack somebody, however trivial it may be, because he's annoyed. I'm not sure what to do, to pursue it or let it rest.

Cheers

NoQuarter

You dont need a solicitor if you dont intend on suing him. Its in the Guards hands now so leave it up to them, you have no real input anymore.

m5ex9oqjawdg2i

NoQuarter wrote: »

You dont need a solicitor if you dont intend on suing him. Its in the Guards hands now so leave it up to them, you have no real input anymore.

I haven't given a statement to the gardai yet. I spoke to a solicitor just a few mins ago and he said that I could end up with a caution and it doesn't always go the way you would expect. So now I am not sure what to do.

NoQuarter

Kamden Grumpy Underclothing wrote: »

I haven't given a statement to the gardai yet. I spoke to a solicitor just a few mins ago and he said that I could end up with a caution and it doesn't always go the way you would expect. So now I am not sure what to do.

If the Guards intend on prosecuting him, they will come to you for a statement. They might just decide not to prosecute if they dont feel they can get a conviction. Either way, it is out of your hands now.

The only option you have is to engage a solicitor for a civil claim (ie. sue him) or just leave it be.

coylemj

Kamden Grumpy Underclothing wrote: »

I haven't given a statement to the gardai yet. I spoke to a solicitor just a few mins ago and he said that I could end up with a caution and it doesn't always go the way you would expect. So now I am not sure what to do.

Sounds like he's trying to scare you into engaging him. You made a complaint to the Gardai alleging an assault. Unless the Gardai issue a summons to you to answer an allegation of assault made by the other guy, you have no business engaging a solicitor at the moment. If the other guy is summonsed for an assault then you will be called as a witness since the only evidence the Garda has is your version of the events. You cannot bring a solicitor to such a case because you are only a witness.

If the other guy is convicted of assault based on your testimony then you could consider suing him for assault, that is to say that you will seek to be awarded damages against him. Even if he's not convicted of assault in the District Court you can still sue in a civil action but it will be an open and shut case if he's convicted in a criminal case where the burden of proof is much higher than in a civil action i.e. if he's convicted of a criminal charge of assault then he literally has no defence in a civil case so if you sue him it's highly likely that unless he ignores the summons he will make you an offer.

Having reported it to the Gardai, you cannot sue in a civil action until the criminal case (if there is one) is disposed of so I'd forget about engaging a solicitor for the moment.

SCOOP 64

What a asshole the other guy is to react like that, properly been bullying people all his life and getting away with it.
i wouldn't let it drop,sounds like you were lucky he didn't attack.

MagicSean

The Gardaí won't chase you for a statement. And as far as they are concerned there is no official complaint without a statement. it will be up to you to make the decision to go ahead with it.