Gardai aren't helping - solicitor needed ?

Spokes of Glory

I don't need legal advice here, just some insight as to whether a solicitor is called for.

In summary, I was hit by a car 3 weeks ago at a roundabout, and knocked from my bicycle. It was a pretty serious impact. I suffered a shoulder fracture and my bike was destroyed. All in all I was pretty lucky to get off relatively lightly. In my mind it's an open and shut case as I was exiting the roundabout, and the driver was coming onto it and didn't stop, but the case specifics aren't why I'm here.

The scene was initially attended by Fire Brigade paramedics, and then an ambulance about 20mins later. The driver did stop at the scene, but I was in no state to get any details as I was pretty dazed and being put into a neck brace etc. As I was being carted off in the ambulance, the FB told me they had her details, and would pass along to the gardai.

I had no contact from the gards, so I made some inquiries and found out that that 2 officers attended the scene, but everybody including the driver had gone by that stage. One of the garda in question advised he had no details, as there was nobody at the scene when he got there, and they got no report from the FB guys. Attitude wasn't great in my opinion.

I was hoping to claim for my costs via PIAB, but this isn't possible without the details of the 2nd party. I've done the obvious things like write to the station superintendent and the Dublin FB, but neither is making any response yet. Time is moving on and I want to get this sorted before more weeks go by. I'm also pretty pissed that the gards don't seem too bothered that the driver left the scene after injuring a cyclist pretty seriously, but that's for them to deal with.

So in short my question is; does a solicitor have some additional clout or powers in a case like this, that would justify me engaging one ? Or do they also need the details of the other party before they can do anything ?


Spokes

foggy_lad

Contact the superintendent at the garda station involved in writing and explain the situation and ask why they have no details of this incident which they were obliged to attend due to your injuries.

Fred Swanson

This post has been deleted.

Little CuChulainn

The Gardaí got a report of a crash and when they got there there was nobody there. They won't take it any further unless they get an actual report from someone. The driver appears to have given his details to the ambulance crew so he complied with his duties at the scene. It's not a hit and run just a minor injury accident so unless someone actually makes a report they'll leave it to the two parties and insurance to sort out. Have you tried actually making a report to a Garda?

Pat Mustard

Spokes of Glory wrote: »

does a solicitor have some additional clout or powers in a case like this, that would justify me engaging one ? Or do they also need the details of the other party before they can do anything ?

A solicitor would need the relevant details in order to make the application to the Injuries Board, has no additional relevant powers to procure those details and is unlikely to have any clout beyond his/her own contacts.

A solicitor who does this kind of work should be able to track down the details of the emergency services personnel who attended the scene and get hold of the relevant details. You may even be able to do this yourself.

If the correct details are not forthcoming and if the driver remains unidentified or if he was uninsured, a solicitor should know to name the Motor Insurers Bureau of Ireland in the application to the Injuries Board.

You may decide to take a chance and apply to the Injuries Board yourself and if all goes well, the insurance company are likely attempt to low-ball you as much as possible, pending the Injuries Board assessment.

Your injuries were serious enough that your bike was destroyed, your shoulder was fractured, you were put in a neck brace and taken to hospital by ambulance. It is not compulsory to engage a solicitor and you may be able to go through the motions of making the application for assessment of damages, yourself. However, in view of the severity of your injuries, I'd suggest that you would be better off hiring a solicitor who could take up the appropriate medical reports, advise you whether an offer or assessment represents the appropriate value of the injuries, whether you should or should not litigate and the costs implications of the various options.

nuac

This was a serious collision, judging from your injuries.

The other driver should have waited for AGS. Imho reporting to the FB was not sufficient discharge of the duty to report.

The FB fill out their own report form on each incident. The other driver's details should be on that form.

See a solicitor

Consider advertising for witnesses

jimmycrackcorm

I had the exact same accident, exciting a roundabout on my bike and knocked down by a driver who didn't stop entering the roundabout. I made sure to call the guards as I wasn't seriously injured but I was staggered at their initial reluctance to come out. I was still dazed enough that it took me a while before I recorded the drivers details. They should really understand that even a minor accident to a cyclist can hinder their being able to deal with the incident.