Tried to give statement about accident, Gardai weren't interested

Frigga_92

Hi all, just looking for some advice here about something that happened yesterday.

I was in a taxi bringing my dog home from the vet when the taxi driver was in a collision with another car on a roundabout about 100metres from my house.
Just to explain, this roundabout has, for about 2 years now, been dictated by road markings in accordance with the usual roundabout rules. The road markings were installed because the layout of the roundabout can be confusing for people not familiar with it.
The taxi driver and the other driver both entered the roundabout at the same time but the taxi driver was in the wrong lane and the other driver was in the correct lane. The road markings dictate that to take the exit for my house (call it exit , you should be in the right lane and that the left lane is only for the exit before exit B.
The other driver used her indicators correctly and was in the correct lane but obviously wasn't paying attention.
On the other hand, the taxi driver was in the incorrect lane and did not use his indicators at all. I also saw him looking out his driver's side window at the other car as they both rounded the roundabout and I believe he could have very easily avoided the collision but did not want to give up his position on the roadway, even though it was the wrong position.
The taxi driver hit the other car on the passenger side on the bumper, there was more damage done to the taxi driver's car than the other driver's car.
The other driver pulled in a little down the road (otherwise she would've been blocking the whole roundabout), the taxi driver did not move his car, he left it in the lane (the incorrect lane) on the roundabout.

They began exchanging details and having a bit of a to and fro over whose fault it was. Unfortunately, I think the other driver was unfamiliar with the area and was not aware of the road markings, she began speaking as though she was going to claim responsibility for the accident. I told the both of them that I thought they should ring the gardai if there was going to be a dispute over liability so the taxi driver used my phone to ring the gardai.
From the moment the crash happened, the taxi driver kept sticking his head back into the car to me to say "you saw all that didn't you, she was at fault, she was in the wrong lane, I thought she was going around the roundabout, I was in the right lane" he said this to me at least 4 or 5 times while I was sitting there and I really felt like he was going to pressure me in some way.
I then made the decision to leave the scene and walk to my house (as I said above, only about 100metres away). The reason why I did this is because I had my unwell dog with me who I wanted to get home. I also knew that I wanted to speak to the gardai and I did not want to do this in front of the taxi driver as I felt he was really trying to force me to be "on his side" and he had my mobile number from booking the taxi and I didn't want to run the risk of him harassing me down the line about my version of events.

I began walking home and I called the gardai back on my phone. I will relay the conversation:
Me: Hi, you were speaking to a man a few moments ago in relation to an accident on the roundabout in X, I was the passenger in his vehicle and I just want to give a statement about the crash.
G: The gardai from X are on their way, you can give it to them when they arrive.
Me: I know that, I think the taxi driver won't be too happy with me giving a differing version of events to him and as he has my mobile number, I would prefer not to stay at the scene but I have no problem giving a statement. I also have a sick dog with me here who I need to get home.
G: Oh well that doesn't matter, the gardai are on their way.
Me: Yes, I know that but...
G: You're not listening to me, the gardai are on their way.
Me: Yes, I know that...
G: Well it doesn't matter then because the gardai are on their way now.
Me: My version of events is quite different to the taxi driver and I believe he was trying to put words in my mouth at the scene so would you mind taking my name and mobile number and if the investigating garda would like to contact me I'd be happy to help.
I then called out my number to him and asked him to call it back to me, he wasn't able to call out one digit of my number and asked me to call it out again (I think he didn't bother taking it down the first time).
G: That's fine so.
And he hung up.

Since then I have received no phone call from the gardai and am wondering whether I should contact them again about this matter?
As far as I can see, the taxi driver was at fault but he is the one with the most damage to his vehicle so he is the one who has the most to gain from the situation.

Should I contact the gardai or should I just leave it be?

Thanks in advance.

(sorry it's so long, I didn't want to leave any details out)

Duberlin Chick

If there's no injuries then it's up to the insurance company to investigate. Simple as that.

_Kaiser_

The Gardai won't care as no-one was injured. They'll leave it to the insurance companies to sort out.

What I'd do is type up a statement of what you saw and drop it in to the Garda station in question then leave them to it

ironclaw

You could make a statement at the Garda station if you really wanted but I would imagine either party would be more interested (i.e. The other driver / taxi driver) You could type something up and sign it, then give it to both. Just be factual and don't give your opinion i.e. "Taxi driver was in the righthand lane" as opposed to 'The taxi driver was in the wrong lane' etc etc.

But either way, you shouldn't have left the scene of an accident until the Gardai arrived as you were a key witness. You could have given your details to the Gardai when (if) they arrived.

corsav6

Kaiser2000 wrote: »

The Gardai won't care as no-one was injured. They'll leave it to the insurance companies to sort out.

What I'd do is type up a statement of what you saw and drop it in to the Garda station in question then leave them to it

+1, this is more than likely the best option.

BigCon

What roundabout was it?
Are there two lanes exiting the roundabout at the 12 o'clock exit?
Maybe if we see it on google maps we could get a better idea about liability?

Regarding the Gardai, you're better off finding out the name of the Garda that attended the scene and speak to him directly - the other Gardai won't be too interested...

No Pants

Give your number to the other driver. She'll definitely be interested in your statement, as will the insurance company. A couple of pictures on your phone of the taxi abandoned in the incorrect lane wouldn't have hurt either.

Pro Hoc Vice

If you can't or won't give statement in the vicinity of the taxi driver, to be honest its not much good as a statement. If the matter goes to court either civil or criminal your statement by itself can't be used you must turn up and give evidence. That evidence will be in front of the driver and his legal team, who will in a criminal case at least know what your going to say because of your statement. Then you will be cross examined and your version examined in detail. So if your not willing to possibly give a statement to Garda then and there not really much chance of you giving verbal evidence.

But what you should have done, is wait for AGS give your name and address, and tell Garda you really need to get home, can they arrange for you to give full statement at a later stage.

Penny Tration

Hiya.

I witnessed an accident before Christmas between a cyclist and driver, and an injury occured.

You really should have stayed at the scene.

I'd drop a statement into the police station and then leave it at that.

The police took a short note of events from me at the scene, but I heard nothing for weeks. Eventually they rang to let me know the cyclist's insurance company would call me for a statement.

A month later, I'm still waiting for the call. :pac: like you, I was the sole witness.

So, the guards may be quite lax about it, like they were in my situation. For this reason, I'd drop a written statement of events in, and then just let them contact you if/when they need to.

djimi

It makes perfect sense to expect you to stick around at the scene and give a statement to the Gardai when they arrive. It would have been perfectly reasonable to take the Garda aside out of earshot of the taxi driver and give your statement.

I agree with the poster above; your statement will be of more interest to the other driver than it will to the Gardai. The Gardai do not have power to decide on fault at a road traffic accident (unless they witnessed it first hand) and especailly not at one where there were no injuries; all they can do is pass on any information that they took to the insurance companies and let them decide what to do with it.

Frigga_92

No Pants wrote: »

Give your number to the other driver. She'll definitely be interested in your statement, as will the insurance company. A couple of pictures on your phone of the taxi abandoned in the incorrect lane wouldn't have hurt either.

The other driver took photos on her phone of both cars and the photo of the taxi would've showed its position.

infosys wrote: »

If you can't or won't give statement in the vicinity of the taxi driver, to be honest its not much good as a statement. If the matter goes to court either civil or criminal your statement by itself can't be used you must turn up and give evidence. That evidence will be in front of the driver and his legal team, who will in a criminal case at least know what your going to say because of your statement. Then you will be cross examined and your version examined in detail. So if your not willing to possibly give a statement to Garda then and there not really much chance of you giving verbal evidence.

But what you should have done, is wait for AGS give your name and address, and tell Garda you really need to get home, can they arrange for you to give full statement at a later stage.

It's not that I can't or won't give a statement in the vicinity of the taxi driver, it's that I did not want to be stuck on the side of the road with him as I felt he was trying to pressure me into "siding with him". I would have no problem giving evidence in Court if it should come to that.
I gave my name and address to the garda over the phone, whether he took it down is unclear, and I told him I really needed to get home.

green_screen wrote: »

Hiya.

I witnessed an accident before Christmas between a cyclist and driver, and an injury occured.

You really should have stayed at the scene.

I'd drop a statement into the police station and then leave it at that.

The police took a short note of events from me at the scene, but I heard nothing for weeks. Eventually they rang to let me know the cyclist's insurance company would call me for a statement.

A month later, I'm still waiting for the call. :pac: like you, I was the sole witness.

So, the guards may be quite lax about it, like they were in my situation. For this reason, I'd drop a written statement of events in, and then just let them contact you if/when they need to.

I wasn't the sole witness. Another driver who was behind the taxi (also driving in the incorrect lane) left her details with the taxi driver and drove on. I assume she will be on the side of the taxi driver as she was also driving in the wrong lane.

I cannot turn back time now anyway and I felt I could not stay at the scene of the accident so I am just wondering if I should bother contacting the gardai again to obtain the information for the other driver to provide her with my version of events?

Frigga_92

BigCon wrote: »

What roundabout was it?
Are there two lanes exiting the roundabout at the 12 o'clock exit?
Maybe if we see it on google maps we could get a better idea about liability?

Regarding the Gardai, you're better off finding out the name of the Garda that attended the scene and speak to him directly - the other Gardai won't be too interested...

The google maps images are from 2009 so do not show the road markings which were only installed about 2 years ago.

BigCon

26sdrawkcab wrote: »

The google maps images are from 2009 so do not show the road markings which were only installed about 2 years ago.

Ok. Sure throw up the Google maps image and we can assess it based on the road markings that were recently added...

djimi

To be honest, insurance companies will be well used to dealing with incidents of this nature (lord knows there are enough clowns in this country who dont have the first clue how to use a roundabout), so given the notes of the Gardai (who will note things like positions of the cars, especially if the taxi stopped where it was hit) and the review by the damage assessor will most likely be able to come to their own conclusion fairly easily as to who was at fault and may well not require your statement at all.

Frigga_92

BigCon wrote: »

Ok. Sure throw up the Google maps image and we can assess it based on the road markings that were recently added...

I am re-reg to boards and would rather not give away my location (it would be very easy to figure out who I am if I was to post up the location of the roundabout).

I just got through to the garda who attended at the scene (thankfully) and he took my version of events and my details. He said I should have stayed at the scene (which I knew anyway) but he could understand why I left because when they arrived the taxi driver wasn't too happy with the gardai then telling him that he was in the incorrect lane.
He said that their view of the crash is that the taxi driver was at fault and that when they arrived he still hadn't moved his car so they could see he was in the incorrect lane.
I told them as well about the other driver who had left her details and drove on (the one who was driving behind the taxi) and they agreed that she would obviously be "siding" with the taxi driver.
The garda said he would put my details up on their system and that the insurance company would probably be contacting me down the line if they need any assistance.
He also thanked me for getting in touch.

Sobanek

1. You're paranoid - my estate, The Meadows is quite large and it would take a long time to find my house and to actually find out my name :P
2. Did he charge you? If he didn't, I'd leave it

Frigga_92

Sobanek wrote: »

1. You're paranoid - my estate, The Meadows is quite large and it would take a long time to find my house and to actually find out my name :P
2. Did he charge you? If he didn't, I'd leave it

Well there's only 4 houses off the particular roundabout I am talking about and if someone was to look through my posts (which is why I closed my previous account), they could easily figure out who I am.

No Pants

26sdrawkcab wrote: »

I am re-reg to boards and would rather not give away my location (it would be very easy to figure out who I am if I was to post up the location of the roundabout).

Is this you?

Sobanek

Careful now, some guys in black X5s and Range Rovers are tracking you down

2012paddy2012

Cops do not investigate non injury accidents. Photos and statements and report to each insurance company will dictate ....payout. Witnesses will make feck all difference ....under a certain amount of a figure they pay to sort it. They shouldn't have called the cops at all ...they have enough to do.... Exchange details ...witness , if applicable ... It's one of hundreds all over the country...forget about it.... Whatever you do ...it won't go to court ..do not waste your time dragging in and out of court....should it end up there..... Waste of your time and expense you won't get back.... No one injured is main thing.....

djimi

2012paddy2012 wrote: »

They shouldn't have called the cops at all ...they have enough to do....

Always call the Gardai (unless its a really minor tip); let them decide if they have better things to be doing. Its always handy to have a Gardas notes on file in the case of a dispute; they can decide blame, but their word will hold some weight regardless.

Dealing with an insurance claim is a painful and messy enough process as it is. IMO you do whatever you can to ensure the cleanest outcome, and reduce your chance of getting yourself screwed over in the process.

2012paddy2012

djimi wrote: »

Always call the Gardai (unless its a really minor tip); let them decide if they have better things to be doing. Its always handy to have a Gardas notes on file in the case of a dispute; they can decide blame, but their word will hold some weight regardless.

Dealing with an insurance claim is a painful and messy enough process as it is. IMO you do whatever you can to ensure the cleanest outcome, and reduce your chance of getting yourself screwed over in the process.

Guards are instructed not to investigate non injury accidents .... Read the law on it ... Talk about over re action

Esel

2012paddy2012 wrote: »

Cops do not investigate non injury accidents. Photos and statements and report to each insurance company will dictate ....payout. Witnesses will make feck all difference ....under a certain amount of a figure they pay to sort it. They shouldn't have called the cops at all ...they have enough to do.... Exchange details ...witness , if applicable ... It's one of hundreds all over the country...forget about it.... Whatever you do ...it won't go to court ..do not waste your time dragging in and out of court....should it end up there..... Waste of your time and expense you won't get back.... No one injured is main thing.....

2012paddy2012 wrote: »

Guards are instructed not to investigate non injury accidents .... Read the law on it ... Talk about over re action

Bit of a problem with your full stop key there... Period... Question mark x 3 ??? ...

No Pants

2012paddy2012 wrote: »

Guards are instructed not to investigate non injury accidents .... Read the law on it ... Talk about over re action

I would always tell the Gardai that I might have a problem with my back or neck. Which is true.

djimi

2012paddy2012 wrote: »

Guards are instructed not to investigate non injury accidents .... Read the law on it ... Talk about over re action

Tell that the Gardai who have always come to the scene of any accident that I have been involved in, without fail or argument.

Like I said, make the call. If they have better things to be doing then let them tell you that. I want their notes on record in case liability is disputed and I have no problem making the phone call to try and get them down to the scene.