Car crash, my car written off, guy who caused it had no insurance.

DiarmaidGNR

Hi all,

Had a car crash on saturday, the woman who caused it ran a stop sign at a 4 way junction (I had right of way).


She hit me at the front wing and absolutely destroyed the front of my car, her car was fine, flat wheel that was it! It's like she drove through my car!


I have been told by the repair company that my car is a write off. It was a 2006 focus.

It was an immaculate car, with loads done to it lately - new tyres,exhaust alternator etc.

I have pretty bad whiplash, my blood pressure is gone through the roof, and I go a nasty knock on the side of my head.

She very nearly killed me.



Now it turns out that she has no insurance...

The guards aren't being helpful at all, they have me doing all the investigating.

I have an appointment with my solicitor next week.


What should I do, and what should I expect with this whole thing?

Pat Mustard

You should ask your solicitor about making a claim against the MIBI, in addition to the lady who caused the accident.

http://www.mibi.ie/

Skatedude

wait till you talk to your solictor, keep all medical reciepts and reports.
Get the responding guards details and and witnesses etc if you can.

you can still bring her to court to claim, but it wont be through insurance.
If it's under a certain amount then you wont be hit for court costs etc, if more then you may be taking a chance.

Your solicitor will be the only one who can really advise you in this case.

Good luck,

Kimbot

Surely if this person wasnt insured then the guards will be prosecuting them?

DiarmaidGNR

The Ban garda who came to the scene didn't breathalyze the offending party, take pictures, or statements. She can very rarely be contacted, and when I get though to her, she tells me the same old story - "that I need to find out the insurance details of the offending party."

The woman was displaying an insurance disk, I took a picture of it, but when I rang the insurance company up, they said they haven't insured that vehicle in a few years!

I've tried to bypass the ban garda and talking to the sergent, but he keeps telling me it has to be dealt with locally. (It's a rural garda station)

run_Forrest_run

jonny24ie wrote: »

Surely if this person wasnt insured then the guards will be prosecuting them?

perhaps but that would be a different case to the OP (I'm assuming).

Tefral

DiarmaidGNR wrote: »

The Ban garda who came to the scene didn't breathalyze the offending party, take pictures, or statements. She can very rarely be contacted, and when I get though to her, she tells me the same old story - "that I need to find out the insurance details of the offending party."

The woman was displaying an insurance disk, I took a picture of it, but when I rang the insurance company up, they said they haven't insured that vehicle in a few years!

I've tried to bypass the ban garda and talking to the sergent, but he keeps telling me it has to be dealt with locally. (It's a rural garda station)

Ring the Garda and tell her you will be making a complaint to GSOC.

To be fair this is mostly a civil matter with regards your own dealings with insurance. The Gardai I am sure will follow up with a criminal case regarding her having no insurance but that wont have any bearing on what your doing at all.

michael999999

DiarmaidGNR wrote: »

The Ban garda who came to the scene didn't breathalyze the offending party, take pictures, or statements. She can very rarely be contacted, and when I get though to her, she tells me the same old story - "that I need to find out the insurance details of the offending party."

The woman was displaying an insurance disk, I took a picture of it, but when I rang the insurance company up, they said they haven't insured that vehicle in a few years!

I've tried to bypass the ban garda and talking to the sergent, but he keeps telling me it has to be dealt with locally. (It's a rural garda station)

Sounds to me like the offending party, might have a connection with the Guards!

Pro Hoc Vice

DiarmaidGNR wrote: »

The Ban garda who came to the scene didn't breathalyze the offending party, take pictures, or statements. She can very rarely be contacted, and when I get though to her, she tells me the same old story - "that I need to find out the insurance details of the offending party."

The woman was displaying an insurance disk, I took a picture of it, but when I rang the insurance company up, they said they haven't insured that vehicle in a few years!

I've tried to bypass the ban garda and talking to the sergent, but he keeps telling me it has to be dealt with locally. (It's a rural garda station)

OP get on to a solicitor the MIBI agreement has certain rules about them being informed just get a solicitor to advice on what needs to be done, MIBI will cover the claim and they will go after the other driver. But please get advice as there are tight time limits to inform MIBI.

Pat Mustard

DiarmaidGNR wrote: »

The Ban garda who came to the scene didn't breathalyze the offending party, take pictures, or statements. She can very rarely be contacted, and when I get though to her, she tells me the same old story - "that I need to find out the insurance details of the offending party."

I don't know why she is telling you this but it is a load of nonsense. It's the guards' job to investigate these things and to get these details.

In any event, you have made an appointment with a solicitor so he/she can deal with the guards now, in relation to getting any further information that may be required.

ScouseMouse

Keep pushing that guard. I had the same experience where they didn't want to know. Had to hassle him to even record it. Keep pushing, ask for a pulse reference number. Ask what action is being taken against the uninsured driver. Be a royal pain in the ass if you have to. If you dont get an answer, write a letter to the superintendant of the station explaining you are having difficulty getting any info. Could they find out.

Chase them like hell.

To Elland Back

If you have Comp under your own insurance, your insurer can sort that out and recover against the MIBI. Where the other party is uninsured, your insurer SHOULD NOT affect your NCB in the meantime, unlike cases where liability is merely in dispute

However, you need to be certain that the driver was uninsured. Just because the vehicle wasn't insured, doesn't mean the driver didn't have cover by some other means.

As for the Gardai not assisting you, it sounds strange. Regardless of all of this, get a solicitor

goldenhoarde

DiarmaidGNR wrote: »

The Ban garda who came to the scene didn't breathalyze the offending party, take pictures, or statements. She can very rarely be contacted, and when I get though to her, she tells me the same old story - "that I need to find out the insurance details of the offending party."

The woman was displaying an insurance disk, I took a picture of it, but when I rang the insurance company up, they said they haven't insured that vehicle in a few years!

I've tried to bypass the ban garda and talking to the sergent, but he keeps telling me it has to be dealt with locally. (It's a rural garda station)

She may still be insured, just not displaying the disc. It used to be 10 days to produce evidence of insurance so the guard may have to wait till that time limit has elapsed before they can go further and charge the lady for driving with no insurance.

Just as an FYI I put my disc in behind last years one a month ago and actually only noticed this morning! so to anyone checking I didn't have insurance but actually I do!

As to the guard not really assisting it could be to do with workload as she may be working on other more pressing criminal cases where at the moment your case is only a civil matter (:) not belittling your case at all!) until as such a time they charge the other party for driving with no insurance)

^^ As To Elland Back says Solicitor!!!

Staph

This happened to me too. Do you have fully comp of TPFT insurance? If fully comp, talk to your insurance company. If TPFT, you'll need to deal with the MIBI yourself. It's pretty straight forward, but it will take a awhile to get fully sorted with the price of the car and your expenses.

If you've to do the MIBI application yourself here's what you need to do.
First, you'll need to arrange your own assessor (if you don't have fully comp). I used assess Ireland, approx. 150 euro. You will get offered a scrap value for your car and you claim the balance from the MIBI. You can also claim for the assessment in your MIBI application, so keep your receipt.

Once you have your report and if they say it's a write off, you can claim any car tax if there's 3 months or more left. There's a form that you fill in and have a copy of your report for the tax office.

Keep any receipts for medical care, doctor visits, physio. If you need a lot of treatment, you will probably have to go through the injuries board. But if it's just a few visits and things are ok after a few weeks you can claim these in your MIBI application. Any expenses incurred for the accident should be claimed, so keep relevant receipts.

Once you submit your MIBI application, one of the insurance companies handles your claim. Mine took 18 months, but I'd say some take shorter times to sort out. They may have to wait until the uninsured asshole fails to present any insurance documents/proof. Hope all goes good for you and you get sorted.

DiarmaidGNR

I have fully comp, I've been given a courtesy car from my insurance, but I will only have it for 10 days.

It's such a hassle having to get a new car without any money... And when the insurance pay up, I'd say they'll try to short change me..

To Elland Back

DiarmaidGNR wrote: »

And when the insurance pay up, I'd say they'll try to short change me..

Give them a chance first, eh? If you do your homework on market value and can produce service history, it helps. Unfortunately Done Deal and Buy & Sell ads are not usually accepted as these are generally 'opening offers' by sellers. Best to get your own engineer or a compilation of CASH quotations from main dealers

When you accept an offer, you can help the process move smoothly
Have the VLC ready
Gather any spare keys
Have the NCT Cert ready

DiarmaidGNR

What is the VLC?

Staph

Formally your car logbook.

To Elland Back

DiarmaidGNR wrote: »

What is the VLC?

The log book (Vehicle Licencing Cert). When an insurer writes off you car, they effectively take ownership of it

DiarmaidGNR

Quick Update for everyone.

I have a new car bought, insurance will pay up but haven't as of yet.

Had to get a €3000 load to buy the new car.


Also, she is now trying to sue me for damages and personal injury. Claims the accident was my fault.

Henry Ford III

Sue her. Case sounds clear cut. Witnesses and Garda evidence is crucial.

sogood

michael999999 wrote: »

Sounds to me like the offending party, might have a connection with the Guards!

Same thing happened to me many years ago. Hit almost head on by a drunk driver. Ambulance and guards called. Ambulance arrived from about 35 minutes away, guards never arrived from local station, about 5 minutes away.

The guards didn't arrive at the hospital either. Then the investigating guard could never be contacted, either by phone or in person, always busy, out, and would ring back, but never did.

My own investigations revealed that the drunk driver had been refused entry to a local night club, due to intoxication and had left a party, drunk, and drove, despite efforts by others at the party to take his car keys from him.

He was so drunk, that in the ambulance with me to the hospital, he didn't know what had happened. And the big kicker? The investigation guard was his brother!

I let it go at that and just pursued the insurance end of things.

I know the guards are busy but I always thought it was standard practice to do breath/alcohol tests at the scene of an accident?

RandomAccess

Henry Ford III wrote: »

Sue her. Case sounds clear cut. Witnesses and Garda evidence is crucial.

Having a crap Garda on the case might make this bit painful. Hopefully not.

Nonoperational

sogood wrote: »

Same thing happened to me many years ago. Hit almost head on by a drunk driver. Ambulance and guards called. Ambulance arrived from about 35 minutes away, guards never arrived from local station, about 5 minutes away.

The guards didn't arrive at the hospital either. Then the investigating guard could never be contacted, either by phone or in person, always busy, out, and would ring back, but never did.

My own investigations revealed that the drunk driver had been refused entry to a local night club, due to intoxication and had left a party, drunk, and drove, despite efforts by others at the party to take his car keys from him.

He was so drunk, that in the ambulance with me to the hospital, he didn't know what had happened. And the big kicker? The investigation guard was his brother!

I let it go at that and just pursued the insurance end of things.

I know the guards are busy but I always thought it was standard practice to do breath/alcohol tests at the scene of an accident?

Scumbag. Was she uninsured in the end? And now she has the cheek to sue you for an accident that was her fault? Jesus.

Shane Fitz

sogood wrote:

I know the guards are busy but I always thought it was standard practice to do breath/alcohol tests at the scene of an accident?

It is mandatory.

punisher5112

OP is your insurance not helping?

You can claim off your own and sort that way.

If not you need a solicitor and if you are not sure I can give you a very good firm that could take your case on.

I have had to use my own as my insurance was actually going to pay out for something which was not my fault and proven.

Hachiko

DiarmaidGNR wrote: »

The Ban garda who came to the scene didn't breathalyze the offending party, take pictures, or statements. She can very rarely be contacted, and when I get though to her, she tells me the same old story - "that I need to find out the insurance details of the offending party."

The woman was displaying an insurance disk, I took a picture of it, but when I rang the insurance company up, they said they haven't insured that vehicle in a few years!

I've tried to bypass the ban garda and talking to the sergent, but he keeps telling me it has to be dealt with locally. (It's a rural garda station)

forget the guards so, useless and not too surprising.

have you got photos of this incident and witnesses, you need to get legal advice on prosecuting the person who did this and/or liaise with the MIMI people.

Hachiko

DiarmaidGNR wrote: »

Quick Update for everyone.

I have a new car bought, insurance will pay up but haven't as of yet.

Had to get a €3000 load to buy the new car.


Also, she is now trying to sue me for damages and personal injury. Claims the accident was my fault.

This is why I have a dash cam, never know when you meet idiots.