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Car crash 10 day period to produce insurance

  • 06-11-2016 7:14pm
    #1
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    So I was involved in a car crash, guy drove straight in to the back of me. I told him I wanted to call Garda and he hummed and hawed so I took a photo of his reg called Garda and sat in my car away from his stare.

    Garden came spoke to us and he said it was his fault then garda took my details and told me to go write down my policy number and reg nothing else. So one I knew knew had stopped to check on me and over heard the Garden saying something about his insurance and to drop in the details to his nearest garda station.

    Garda never mentioned anything to me and I only heard this after we had left the crash. I had the person's reg and insurance number and garda name. I went to a&e straight after and got checked out. Had a few pains and the doctor gave me a prescription. I decided to ring my insurance and let them know but that when things turned, they couldn't find insurance details with the reg or policy number so he said maybe its not linked to their system and I should ring the company. I googled and finally found the company but couldn't speak to them as they were closed for the bank holiday so wanted three days (they are a broker or something) they confirmed no insurance and it had been expired for 2 weeks.

    I rang the garda four times and had to get "bit of a meany pants" on the phone as I had been brought back to the hospital and ends up fractures showed up on the xray. So the garda rang me back but was dismissive and started asking me about my injuries when I kept asking about this guys insurance. The garda said that he thinks the guy is genuine and he had to give him the ten days to produce the insurance.

    Genuine? Guy drove in to me and literally broke my bones. Why does this guy get the ten days when he is breaking several laws?

    I was told about the insurance bureau and injury board but they are going to take months (according to a lovely lady at the imbi) and I am in university due to do a placement and I am worried they are going to say I am unfit and in turn unable to complete the hours of placement and then fail the whole fecking thing.

    Why are the garda so "meh"? Am I losing a battle even dealing with the garda? I spoke to a friend of a friend who is a garda and they said it's only a phone call this garda would need to make basically asking do you have your policy number and the date it started.


Comments

  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    That is the reality of motoring. The guy might a policy, might be covered under someone else policy or some such. The guard has to wait 10 days before the presumption of no insurance arises. Even if he was insured it would take months to sort out. You should go to a solicitor who deals with personal injury cases (make sure to get a recommended one) and get the proper legal processes started.


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    So you were driving with no insurance and shouldn't have been on the road and you are chasing the other partys insurance details is it?


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    magentis wrote: »
    So you were driving with no insurance and shouldn't have been on the road and you are chasing the other partys insurance details is it?

    You would appear to be unable to read.
    WTF sort of reply is that?


  • Registered Users, Registered Users 2 Posts: 3,033 ✭✭✭Call me Al


    magentis wrote: »
    So you were driving with no insurance and shouldn't have been on the road and you are chasing the other partys insurance details is it?

    I think the poster notified his insurance of the other persons insurance details, they couldn't find the policy on their database, and then the company itself said the policy was expired with two weeks and hadn't been renewed.


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  • Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    magentis wrote: »
    So you were driving with no insurance and shouldn't have been on the road and you are chasing the other partys insurance details is it?

    Are you a bit simple or just dying to have a go at someone?


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Legally he has ten days to produce his insurance certificate.
    That's the law.
    The Garda is not 'meh' about it, he is doing his job.
    The driver could have an insurance policy anywhere.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Pkiernan wrote: »
    You would appear to be unable to read.
    WTF sort of reply is that?

    I'm with Magentis on this. OP said they rang their own insurance company and they couldn't find a policy. How could her insurer have details of the other party, unless they shared the same insurer?


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    Pkiernan wrote: »
    You would appear to be unable to read.
    WTF sort of reply is that?

    Slow down there lad and read it again.


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    Are you a bit simple or just dying to have a go at someone?

    You must be a lot simple if you can't read what the op said.


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  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    magentis wrote: »
    You must be a lot simple if you can't read what the op said.

    Well it's far from simple. I can't deduce from the OP whether it's his own insurance that doesn't exist or the person who crashed into them.


  • Registered Users, Registered Users 2 Posts: 51 ✭✭Pretty Pink


    I have insurance, sorry if I wasn't clear enough.

    I understood that the ten day rule is ok at check points or any manner the garda may check it but if the person has committed an offence and damage then the ten day rule could be shortened.

    Is the ten day rule going to cover the day of the crash or could he get insurance today and produce it at the station and that would be enough for the check?


  • Registered Users, Registered Users 2 Posts: 387 ✭✭fartyarse


    I have insurance, sorry if I wasn't clear enough.

    I understood that the ten day rule is ok at check points or any manner the garda may check it but if the person has committed an offence and damage then the ten day rule could be shortened.

    Is the ten day rule going to cover the day of the crash or could he get insurance today and produce it at the station and that would be enough for the check?

    What offence has the other driver allegedly committed, OP?


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    I have insurance, sorry if I wasn't clear enough.

    I understood that the ten day rule is ok at check points or any manner the garda may check it but if the person has committed an offence and damage then the ten day rule could be shortened.

    Is the ten day rule going to cover the day of the crash or could he get insurance today and produce it at the station and that would be enough for the check?
    No you misunderstand.
    He has ten days to produce a certificate to prove he was insured at the time of the accident.
    He cannot get insurance retrospectively.
    Don't worry, if you have personal injury and the other party wasn't insured then the MIBI will compensate you.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    I have insurance, sorry if I wasn't clear enough.

    I understood that the ten day rule is ok at check points or any manner the garda may check it but if the person has committed an offence and damage then the ten day rule could be shortened.

    Is the ten day rule going to cover the day of the crash or could he get insurance today and produce it at the station and that would be enough for the check?

    There is no provision to shorten the 10 day rule. It wouldn't help much even if there was. From a garda point of view, a summons has to be applied for and issued. It could be months before there is even a court date. As regards your injuries, that is a matter of civil process which has little to do with the guards.
    After the event insurance is not possible. People try it on all the time and the guards will check the date and time the policy was entered into. You need a solicitor, pronto.


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    So when you gave the insurance policy number that the Garda gave you to your own insurance company, they checked it and told you the policy expired 2 weeks ago?


  • Banned (with Prison Access) Posts: 163 ✭✭hannible the cannible


    magentis wrote: »
    So when you gave the insurance policy number that the Garda gave you to your own insurance company, they checked it and told you the policy expired 2 weeks ago?

    Is English not your first language ?


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Moderator: Keep it civil, please.


  • Closed Accounts Posts: 4,592 ✭✭✭elastico


    Genuine? Guy drove in to me and literally broke my bones. Why does this guy get the ten days when he is breaking several laws?

    What laws did he break?


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 3,642 ✭✭✭dubrov


    Pkiernan wrote:
    You would appear to be unable to read. WTF sort of reply is that?


    In fairness, as written, it suggests that their own insurance had expired.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Is English not your first language ?

    The OP said this

    "I decided to ring my insurance and let them know but that when things turned, they couldn't find insurance details with the reg or policy number"


  • Closed Accounts Posts: 4,592 ✭✭✭elastico


    Patww79 wrote: »
    This post has been deleted.

    So you agree that as things stand there is no evidence of any laws being broken.


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Patww79 wrote: »
    elastico wrote: »
    So you agree that as things stand there is no evidence of any laws being broken.

    There's not but it doesn't mean there hasn't. And let's not forget they caused an accident too, insured or not.

    Being the cause of an accident does not automatically equate to breaking any laws either.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    I thought that the Guards could seize an uninsured vehicle. How does that fit with having to give you 10 days to produce a cert?


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Discodog wrote: »
    I thought that the Guards could seize an uninsured vehicle. How does that fit with having to give you 10 days to produce a cert?

    They can seize a car if they do not believe it to be insured. Or they can give the person 10 days to produce insurance if they think they are insured.


  • Registered Users, Registered Users 2 Posts: 5,273 ✭✭✭racso1975


    Discodog wrote: »
    I thought that the Guards could seize an uninsured vehicle. How does that fit with having to give you 10 days to produce a cert?

    He could of glanced at the disk and seen the big bold 10/16 but it could of expired at start of the month. I Las could also have told him new disk arrived it's at home I have just forgot to put it on.


  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    OP, regardless of whether the other driver was insured or not, this is not going to be a fast process. It sucks, but it's just the way things are. You will end up out of pocket for this for a while. All you can do in the short term is contact a solicitor, and make a note of every penny you spend on this, and keep every receipt you get.

    There are two separate things happening. The first is the civil aspect, which involves the insurance companies, and payment for repairs to your car, refund of your medical costs etc. This is what you'll be seeing your solicitor about. The gardaí have, in reality, zero input there.

    The second is any potential criminal case - for example if the other driver is not insured. That has absolutely nothing to do with you at all. You have no rights to information or anything about that, it's purely between the gardaí, the other driver and the DPP if it comes to it. The only involvement you might have there is if you're asked for a statement or to be a witness, but that's fairly unlikely.

    From your perspective you need to forget about whether the other driver was insured or not, forget about what laws he may or may not have broken. Your role is now to report things accurately to your insurance company, and let them/your solicitor follow things up. Ask your solicitor to review your insurance claim forms before submitting them.


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  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Genuine? Guy drove in to me and literally broke my bones. Why does this guy get the ten days when he is breaking several laws?
    Due process. Innocent until proven guilty, etc.

    Just because you're angry and feel hard done by, doesn't mean the other party loses their entitlement to the assumption of innocence.

    Have a bit of patience.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    I remember a similar thread here from a few months ago. Guy gets crashed into. Insurance details swapped. The driver at fault had expired policy about 2 weeks. The OP had reported to Gardai and I don't remember anything else about the thread.


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