hit by a young uninsured driver

jojomc

Looking for advice..
My friend and I were standing outside the nightclub on sunday at about 2.30am.
We were standing on the rd as were a 100 or more others.
The rd leads into a car park and is 1 way.
A car came along drove over the back of my friends legs and clipped her behind with the wing mirror.
She has 3 hairline fractures in her leg which is in cast up to her knee. She cannot drive or bare weight on it for 6 weeks.
The driver did not stop.
We have found out that she had "stolen" the keys of the car from a friend.
She is admitting she was driving but is claiming she and the passenger were unaware that she hit my friend.
She had not been arrested. She was not tested for alcohol. She was seen out driving yesterday as my friend lay in hospital!
My friend does not have health ins or a medical card.
She is unable to get to work as she can't drive. And she cannot do her job unassisted now. Which puts her employer in a predicament with regards to bringing in extra staff.
Any advice or info would be much appreciated.
The garda seen very laxy dazy about the whole incident.
Thanks

Mikros

The Motor Insurers Bureau of Ireland (MIBI) is what you are looking for. They handle claims against uninsured drivers. Best to have a read of their website here yourself.

Little CuChulainn

Put a fire under the Gardas ass. Otherwise I'd forget about any quick claim. From the sounds of it the driver is facing charges of dangerous driving, driving without insurance, leaving the scene of an accident and unauthorised taking. A claim from MIBI will likely only come after the conclusion of a criminal case. If it seems like the Garda is being lazy then speak to the sergeant. Keep going up the chain if you aren't satisfied. There is a time limit of six months for most of the offences so you shouldn't need to worry about it taking too long but don't be afriad of checking the status of the case with the investigating Garda.

Whoever owns the car will either have to make a criminal complaint against the driver or admit to allowing her to drive without insurance. If they decide on the latter, there is a possibility of a claim from their insurance.

Pro Hoc Vice

Little CuChulainn wrote: »

Put a fire under the Gardas ass. Otherwise I'd forget about any quick claim. From the sounds of it the driver is facing charges of dangerous driving, driving without insurance, leaving the scene of an accident and unauthorised taking. A claim from MIBI will likely only come after the conclusion of a criminal case. If it seems like the Garda is being lazy then speak to the sergeant. Keep going up the chain if you aren't satisfied. There is a time limit of six months for most of the offences so you shouldn't need to worry about it taking too long but don't be afriad of checking the status of the case with the investigating Garda.

Whoever owns the car will either have to make a criminal complaint against the driver or admit to allowing her to drive without insurance. If they decide on the latter, there is a possibility of a claim from their insurance.

There are time limits to notify MIBI and any claim against MIBI does not have to wait till the end of any possible prosecution.

To the OP advise your friend to engage a solicitor as I said certain rules apply to notification of MIBI claims.

jojomc

Thanks for the comments.
The driver has admitted to driving the car and taking the keys without permission.
She is sayin that herself and the passenger did not know they had hit my friend.
She has spoken to solicitor.
As for the guards.. they are waiting for her to bring insurance documents. They say they need to know if she is insured on vehicle.
They have said it is not a "hit and run accident" (I dont know legal term for that) as she has admitted to driving the car.
I dont know if this is correct.
The ball is now rolling so to speak.
Any more comments or opinioms would be appreciated.
Thanks again.

TimeToShine

If she is consulting a solicitor you need to see one as well or you're going to get shafted.

endacl

There's a recorded injury, witnesses, and an admission of liability. If say your friend is in a good position.

Best of luck to her with it.

Little CuChulainn

Pro Hoc Vice wrote: »

There are time limits to notify MIBI and any claim against MIBI does not have to wait till the end of any possible prosecution.

To the OP advise your friend to engage a solicitor as I said certain rules apply to notification of MIBI claims.

I meant that they are unlikely to pay out without a resolution of a criminal case.

jojomc wrote: »

Thanks for the comments.
The driver has admitted to driving the car and taking the keys without permission.
She is sayin that herself and the passenger did not know they had hit my friend.
She has spoken to solicitor.
As for the guards.. they are waiting for her to bring insurance documents. They say they need to know if she is insured on vehicle.
They have said it is not a "hit and run accident" (I dont know legal term for that) as she has admitted to driving the car.
I dont know if this is correct.
The ball is now rolling so to speak.
Any more comments or opinioms would be appreciated.
Thanks again.

The person has 10 days to produce insurance. It is a hit and run incident if someone does not stop and remain at scene. This constitutes an offence under section 106(a) and 106(b) of the Road Traffic Acts.

jojomc

TimeToShine wrote: »

If she is consulting a solicitor you need to see one as well or you're going to get shafted.

My friend has consulted a solicitor is what I meant. I dont know about the driver.

Zambia

Why not sue the driver?

Pro Hoc Vice

Zambia wrote: »

Why not sue the driver?

You do but you also sue the MIBI who nominate an insurance company who will pay any damages and then in turn try and get the money back from the driver and maybe the insured person if they in fact gave the person the car. In reality it's not much use to sue the driver without the MIBI as doubt they have money.

No Pants

Zambia wrote: »

Why not sue the driver?

Do you mean the car owner?

Zambia

No Pants wrote: »

Do you mean the car owner?

No the actual driver

jojomc

The car owner is completely out of the equation as he has said he did not give permission for the driver to take the car.

Pro Hoc Vice

jojomc wrote: »

The car owner is completely out of the equation as he has said he did not give permission for the driver to take the car.

I put the important bit in bold, what a person says and what happened can often be two different things, the driver is in trouble for being uninsured, if the owner gave permission then the owner is also in trouble for allowing the uninsured person to drive, so im not saying the owner is telling fibs im saying it may be in the owners interest to tell lies, but of course the owner may have told the truth, but it wont be the first time an owner denied giving permission.

Also for legal reasons it may be necessary to sue the owner as well as the driver and the MIBI but only a solicitor can advice on that.

RGS

If the car is insured but the driver is not then the case will be dealt with by the insurers of the vehicle under the MIBI agreements.
It would appear to be an Insurer Concerned case.

Head to the MIBI website for all info.

MIBI are an insurer of last resort. In other words if there is an insurer in the frame then the insurer will deal with the claim.

Your friend should report the matter to the insurers of the vehicle as well as the MIBI.

lighterman

jojomc wrote: »

Thanks for the comments.
The driver has admitted to driving the car and taking the keys without permission.
She is sayin that herself and the passenger did not know they had hit my friend.
She has spoken to solicitor.
As for the guards.. they are waiting for her to bring insurance documents. They say they need to know if she is insured on vehicle.
They have said it is not a "hit and run accident" (I dont know legal term for that) as she has admitted to driving the car.
I dont know if this is correct.
The ball is now rolling so to speak.
Any more comments or opinioms would be appreciated.
Thanks again.

Pro Hoc Vice wrote: »

I put the important bit in bold, what a person says and what happened can often be two different things, the driver is in trouble for being uninsured, if the owner gave permission then the owner is also in trouble for allowing the uninsured person to drive, so im not saying the owner is telling fibs im saying it may be in the owners interest to tell lies, but of course the owner may have told the truth, but it wont be the first time an owner denied giving permission.

Also for legal reasons it may be necessary to sue the owner as well as the driver and the MIBI but only a solicitor can advice on that.

The top one states the driver admits taking the car so the owner is not telling lies.

Little CuChulainn

lighterman wrote: »

The top one states the driver admits taking the car so the owner is not telling lies.

unless it has been said under caution it shouldn't be relied on.

Pro Hoc Vice

lighterman wrote: »

The top one states the driver admits taking the car so the owner is not telling lies.

Or both could be telling lies. Knowing that the owner is in trouble the driver might have lied about permission. Yes I have seen people do this, I know of a case where the owner lent the car but told the driver if any issue they had no permission. We also know about the driver that they drive uninsured and drives off after hitting people so I may take what they say with a large pinch of salt.

The driver also said, "She is admitting she was driving but is claiming she and the passenger were unaware that she hit my friend." I'm not sure how a person could be unaware of striking a person with a door mirror and be unaware of it. It al stinks a little to me.

No Pants

So if the owner didn't give permission, does that mean that the OP's friend was hit by a stolen car? That should get the attention of the Gardai.

Zambia

Just because no permission was given does not make a car stolen.

jojomc

Thank u for all your comments.
The owner of the vehicle informed the garda that attended the accident that he did not give permission. Now sayin that he could be lying.. but is not goin to take the blame and the driver of the car has admitted that she was driving.
Yes I think it all smell fishy to me.
Why has the driver not been arrested?
Why was the driver not bagged?
The garda still haven't asked my friend to give an official statement.
As someone has said.. she had stolen a car and hit my friend with it.
How can u be unaware that you have hit someone?
The front passenger side wheel went over the back of my friends heel. Her ankle is broken in 2 place and also a fracture on the under (foot) side of her heel.
If u drove over a stone u would know it.

jojomc

Zambia wrote: »

Just because no permission was given does not make a car stolen.

The words stolen were used by the owner of the vehicle.

Zambia

jojomc wrote: »

The words stolen were used by the owner of the vehicle.

Did they make a theft of motor vehicle report?

You can't charge a person with theft of something without the victims co-operation.

The essential part is you know the driver and they admit the fact they hit your friend. Your friend needs a solicitor.

You seem to be insisting this driver is charged with all sorts of things that won't help your friend.

Little CuChulainn

jojomc wrote: »

Thank u for all your comments.
The owner of the vehicle informed the garda that attended the accident that he did not give permission. Now sayin that he could be lying.. but is not goin to take the blame and the driver of the car has admitted that she was driving.
Yes I think it all smell fishy to me.
Why has the driver not been arrested?
Why was the driver not bagged?
The garda still haven't asked my friend to give an official statement.
As someone has said.. she had stolen a car and hit my friend with it.
How can u be unaware that you have hit someone?
The front passenger side wheel went over the back of my friends heel. Her ankle is broken in 2 place and also a fracture on the under (foot) side of her heel.
If u drove over a stone u would know it.

The only reason they would be arrested is if they denied stealing the car after a report was made by the owner. If they are admitting everything they will likely give a statement and be summonsed.

You haven't said how long it was between the accident and the driver speaking to the Gardaí but there are time limits on breathalising people.

jojomc wrote: »

The words stolen were used by the owner of the vehicle.

It's what they say in a statement that really matters.

jojomc

Zambia wrote: »

Did they make a theft of motor vehicle report?

You can't charge a person with theft of something without the victims co-operation.

The essential part is you know the driver and they admit the fact they hit your friend. Your friend needs a solicitor.

You seem to be insisting this driver is charged with all sorts of things that won't help your friend.

The driver isn't admitting she hit my friend. And quite frankly I haven't said she should be charged "with all manner of things". I'm asking questions that my friend who is as u can imagine just a tad traumatised is asking me.

Zambia

jojomc wrote: »

The driver isn't admitting she hit my friend. And quite frankly I haven't said she should be charged "with all manner of things". I'm asking questions that my friend who is as u can imagine just a tad traumatised is asking me.

This is why you need a solicitor.

You said she admitted driving but was unaware of the collision. If the car hit your friend it's not rocket science that she did it. She won't state she knew she hit her as then she left the scene.

You know the car hit your friend

You know she was driving that car at that time.

pablo128

Does the driver have a car of her own? The insurance on her own car (if she has one) will probably cover her to drive the car involved in the incident.

jojomc

pablo128 wrote: »

Does the driver have a car of her own? The insurance on her own car (if she has one) will probably cover her to drive the car involved in the incident.

The driver is too young to have open insurance.

whomitconcerns

jojomc wrote: »

The driver is too young to have open insurance.

you mean thrid party extention of course But your point is valid none the less.