Accessing garda statements from cycling accident

bigtom71

I was involved in a road traffic accident last week where I was on a roundabout with right of way and a driver failed to see me and hit me hard on my left side. Gardai arrived on scene and have since taken statements from both parties and two witnesses. I was brought off to hospital and found to have torn ligaments in my shoulder. It seems clear cut and there may even be cctv footage available too.

The problem is i don't have any of the other party's details - name, address, insurance, and because of garda protection laws I do not have reasy access to the evidence and statements. I was told if I have a solicitor contact the gardai seeking this, it will then be made available. However I had hoped to go down the quicker and cheaper route of the Injuries Board. Can I legitimately write to the superintendent saying I am representing myself and get the statements needed to put the case to the PIAB? Are they data protection laws or ones specific to an garda siochana?

Cee-Jay-Cee

You are entitled to the persons name address and insurance details. Who ever told you otherwise is wrong. Write to Superintendent and request a Accident Abstract Report. You have to pay for it so ring first to find out how much it is. It used to be €6 but that could have changed. All details are on the abstract report.

Slydice

Short: Ask them politely for as much of the information as you can get. It probably won't be much.

Long:
Data protection:
http://www.garda.ie/Controller.aspx?Page=136&Lang=1

Have a look at:

4.8 Give a copy of his/her personal data to that individual, on Request

Though bear in mind, people can be ****ing with their ability to do their job if they get garda information in the middle of an investigation so they might refuse along some lines like:

Information may also be withheld where its release as part of an access request may be prejudicial to the investigation, detection or prevention of a crime. Where the release of such information would no longer be prejudicial to the above it will be released to a data subject.

There's also this:
http://www.garda.ie/Documents/User/Frequently%20Asked%20Questions%20-%20Victim%20Support.pdf

17. Who can see my statement?
Your statement is a confidential document and can be seen by you, by the prosecution team, if it goes to court by a judge, by the accused person, and by the solicitors for the accused person.
18. Can I see the other witness statements?
No, you are entitled to see only your own statement.

There's like a bunch of stuff the Gardai do listed here:
http://www.garda.ie/Controller.aspx?Page=7980
but I can't see a single thing saying how you might get the other persons name and address.

No official government websites seem to have it on them. Just a bunch of insurance company websites saying they are the details you should get at the scene.

Slydice

That abstract report is mentioned here:
http://www.garda.ie/Documents/User/Finding%20your%20Way%20-%20A%20%20guide%20for%20victims%20of%20RTC's.pdf
Finding Your Way
A guide for victims following the death orserious injury of a loved one in a road traffic collision
PARC Road Safety Group 2012


Might be useful

Mercian Pro

On both occasions where I was involved in serious accidents, the Gardaí involved called to see me in hospital and gave me full details of the drivers' names, insurance and registration. In one case, I was also given contact details of a witness. There was no solicitor involved in either case. I was also subsequently contacted by the drivers' insurance companies so the Gardaí must have passed on my details.

Eamonnator

If you are involved in an accident with an MPV, you are entitled to what was(and may still be) called appropriate information.
This includes:
Name and address of driver of vehicle.
Name and address of owner of vehicle.
Registration number of vehicle.
Insurance details of vehicle involved (Ins. Co., date of expiry of policy, number of policy.)
If the investigating Garda has this information, he/she is obliged to give it to you.

bigtom71

Cee-Jay-Cee wrote: »

You are entitled to the persons name address and insurance details. Who ever told you otherwise is wrong. Write to Superintendent and request a Accident Abstract Report. You have to pay for it so ring first to find out how much it is. It used to be €6 but that could have changed. All details are on the abstract report.

Many thanks for that. It's a big help and the other responses too. Hopefully I'll make some headway next week.

blobbie

As noted above you are entitled to Name, Reg & insurance details. You need these (at a bare minimum, insurance details & reg) to make a claim against insurance. This is the info I got from the Garda after my accident last year. I just asked for them and they were provided.

if you are not getting them, kick it up the chain

Not sure about their address as it's not relevant to any claim.

Wishbone Ash

Mercian Pro wrote: »

On both occasions where I was involved in serious accidents, the Gardaí involved called to see me in hospital and gave me full details of the drivers' names, insurance and registration. In one case, I was also given contact details of a witness....

My experience was similar in my last accident. The driver left the scene but subsequently returned when I was in an ambulance and in no position to take details. The Garda who attended the accident provided me with the information either later that night or the following day (can't recall which now) and also with the contact details of a witness.

buffalo

I've been through similar - carted off to hospital after an RTA. Garda on the scene told me I wasn't entitled to witness details and had to get a solicitor. Solicitor told me this was completely false and should have been provided as a matter of routine.

As a follow-up, it turned out the Garda had not bothered to take any witness details and lied to cover up the fact.

NBar

bigtom71 wrote: »

I was involved in a road traffic accident last week where I was on a roundabout with right of way and a driver failed to see me and hit me hard on my left side. Gardai arrived on scene and have since taken statements from both parties and two witnesses. I was brought off to hospital and found to have torn ligaments in my shoulder. It seems clear cut and there may even be cctv footage available too.

The problem is i don't have any of the other party's details - name, address, insurance, and because of garda protection laws I do not have reasy access to the evidence and statements. I was told if I have a solicitor contact the gardai seeking this, it will then be made available. However I had hoped to go down the quicker and cheaper route of the Injuries Board. Can I legitimately write to the superintendent saying I am representing myself and get the statements needed to put the case to the PIAB? Are they data protection laws or ones specific to an garda siochana?

Call or ring the Garda investigating your collision and he can give u the details of the other party involved. As for statements etc they won't be released if it's being investigated. Was this collision at around 6am ish at a roundabout near Templeville road.