How are proceedings served on individuals?

godtabh

Hypothetical

Two people involved in an accident.

Goes to insurances.

Only names and insurance details swapped at the accident.

Legal proceedings are issued by one claimant on the other party.

How are these served? GDPR regulations suggest that the insurers can not exchange info. The two parties didn't exchange info.

How would a solicitor go about servicing the proceedings?

randomrb

You can serve someone via their insurers as agents.

Also as far as i know there is an exception to GDPR for actions required for legal claims so there is no reason that you couldn't get the information about the other sides nominated solicitor or individuals address if they don't have a solicitor.

godtabh

randomrb wrote: »

You can serve someone via their insurers as agents.

Also as far as i know there is an exception to GDPR for actions required for legal claims so there is no reason that you couldn't get the information about the other sides nominated solicitor or individuals address if they don't have a solicitor.

If you only have a name how would get their address?

The default appears to be use the insurer as an agent then?

GM228

From the Data Protection Act 2018:-

60 (3) Subject to subsection (4), the rights and obligations referred to in subsection (1) are restricted to the extent that—

(a) the restrictions are necessary and proportionate—

(iv) in contemplation of or for the establishment, exercise or defence of, a legal claim, prospective legal claim, legal proceedings or prospective legal proceedings whether before a court, statutory tribunal, statutory body or an administrative or out-of-court procedure,

(v) for the enforcement of civil law claims, including matters relating to any liability of a controller or processor in respect of damages, compensation or other liabilities or debts related to the claim

godtabh

GM228 wrote: »

From the Data Protection Act 2018:-

that doesn't answer my question (i think). Under the new GDPR rules personal information can be shared between third parties with out consent from the first party.

To serve a summons between two unknown people it would have to be via the insurer (in this case) as the unknown address could not be legally found. Would that be correct?

randomrb

If you read the above post it clearly says that the restrictions don't apply to prospective legal claims. The Data Protection Act is the enacting legislation for GDPR

Claw Hammer

godtabh wrote: »

Hypothetical

Two people involved in an accident.

Goes to insurances.

Only names and insurance details swapped at the accident.

Legal proceedings are issued by one claimant on the other party.

How are these served? GDPR regulations suggest that the insurers can not exchange info. The two parties didn't exchange info.

How would a solicitor go about servicing the proceedings?

There is an obligation to notify the Garda of any road traffic accident. parties at the scene also exchange details such as insurance company and numbers and reg nos. Home address also has to be given. That driver can be traced by the reg no. If a driver cannot be found the MIBI can be joined and served. They will trace the driver immediately since that driers insurance company will be the insurer concerned.

GM228

Claw Hammer wrote: »

There is an obligation to notify the Garda of any road traffic accident.

You are not required to notify the Gardaí of a traffic accident if:-

(a) there is no injury/death to a person, and

(b) details (name, address, registration number and insurance details) have been exchanged between parties in relation to property damage.

Most people do anyway, but once the above are satisfied there is no legal requirement to.

godtabh

GM228 wrote: »

You are not required to notify the Gardaí of a traffic accident if:-

(a) there is no injury/death to a person, and

(b) details (name, address, registration number and insurance details) have been exchanged between parties in relation to property damage.

Most people do anyway, but once the above are satisfied there is no legal requirement to.

Does that also assume its a public road?

GM228

godtabh wrote: »

Does that also assume its a public road?

It applies to a public place.