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Leaving the scene of a road traffic accident

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  • 17-05-2020 8:37pm
    #1
    Registered Users Posts: 52 ✭✭


    Hi all

    Minor road traffic accident occurred. Insurance involved. Guards want to conduct a caution interview with the person who caused the accident.

    What would be the likely penalty for leaving the scene does anyone know?

    Appreciate any help. Thanks


Comments

  • Registered Users Posts: 6,191 ✭✭✭RandomViewer


    Widye wrote: »
    Hi all

    Minor road traffic accident occurred. Insurance involved. Guards want to conduct a caution interview with the person who caused the accident.

    What would be the likely penalty for leaving the scene does anyone know?

    Appreciate any help. Thanks

    Driving ban anyway


  • Posts: 0 [Deleted User]


    Driving ban anyway

    Doubt it. The gardai don't want to be called out to minor accidents. But, looks like the other person insisted they attend and the OP had left. As long as details were exchanged it should just be a caution, which are standard.


  • Registered Users Posts: 6,191 ✭✭✭RandomViewer


    Doubt it. The gardai don't want to be called out to minor accidents. But, looks like the other person insisted they attend and the OP had left. As long as details were exchanged it should just be a caution, which are standard.

    Think the OP is wondering should they take the blame for someone else, which would make me suspect points already


  • Registered Users Posts: 52 ✭✭Widye


    Doubt it. The gardai don't want to be called out to minor accidents. But, looks like the other person insisted they attend and the OP had left. As long as details were exchanged it should just be a caution, which are standard.

    So no charges usually? Just points perhaps?


  • Posts: 0 [Deleted User]


    Widye wrote: »
    So no charges usually? Just points perhaps?

    Why points?

    Any driver at the scene on an accident gets cautioned by the gardai, even if the other driver admits fault. If you drove away without acknowledging the other driver and they found you by IDing your number plate that's a different story unless you can reasonably explain why you didn't think there was damage, slight touching of wing mirrors as an example.


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  • Registered Users Posts: 14,734 ✭✭✭✭elperello


    https://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/motor_accidents.html

    This link might help to clarify if the person's actions actually constituted "leaving the scene" of an RTA.


  • Registered Users Posts: 19,248 ✭✭✭✭Donald Trump


    If the guards come out, just explain to them that you didn't think that you needed to hang around because the damage didn't seem too bad, and that you didn't mean any harm - you always tend to make these errors of judgement after a few cans.


  • Registered Users Posts: 25,391 ✭✭✭✭coylemj


    Widye wrote: »
    Minor road traffic accident occurred. Insurance involved. Guards want to conduct a caution interview with the person who caused the accident.

    In the context of ‘leaving the scene’, I t doesn’t matter who caused the accident. Did you give the other driver your details and then leave? Was there any personal injury?


  • Registered Users Posts: 13,744 ✭✭✭✭cj maxx


    I had a relatively minor accident in Feb and while it was 100% the other person's fault the guards will do a follow up interview with both parties ,, I think


  • Registered Users Posts: 25,391 ✭✭✭✭coylemj


    cj maxx wrote: »
    I had a relatively minor accident in Feb and while it was 100% the other person's fault the guards will do a follow up interview with both parties ,, I think

    Considering they usually couldn’t be bothered attending at the scene and typically tell the caller to exchange details with the other guy.... why would they do a ‘follow-up interview’ with both parties? For what purpose?


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  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    I done it twice, not at fault, wasn't hanging around, went to local Garda station to report at time.....

    One took a long time to sort the other got paid in 3 weeks...


    Solicitor was well worth it.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    cj maxx wrote: »
    I had a relatively minor accident in Feb and while it was 100% the other person's fault the guards will do a follow up interview with both parties ,, I think

    Not unless they really do their job right.,.. yet to see it myself and unfortunately I've been in quite a number of smashes, more so at work but still. Nobody was ever prosecuted


  • Registered Users Posts: 25,391 ✭✭✭✭coylemj


    I done it twice, not at fault, wasn't hanging around, went to local Garda station to report at time.....

    There’s no implied criticism here but if you exchange details at the scene and there is no personal injury, there is no obligation to either wait for the Gardai to arrive at the scene, or to later report it at a Garda Station.

    If someone was injured and the Gardai don’t show up at the scene, you are obliged to go to a Garda Station to report it.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    coylemj wrote: »
    There’s no implied criticism here but if you exchange details at the scene and there is no personal injury, there is no obligation to either wait for the Gardai to arrive at the scene, or to later report it at a Garda Station.

    If someone was injured and the Gardai don’t show up at the scene, you are obliged to go to a Garda Station to report it.

    I was injured in one but wasn't comfortable hanging around an aggressive individual....

    I had dash cam even obliged and showed him how he had crossed over and creamed me out of it, he still believed I hit him and stated this to the Gardai...
    The video showed different.

    He arrived at the station 1½hours after me screaming and shouting and the Gaurd told me he told him to leave and come back when he was calm..... He sided with me especially after seeing the clip....

    And the attitude didn't help the other lad..


    Hilarious that before 6 am on a deserted road that a taxi could come up from behind on a 4 lane road and take me out of it.... Nothing about only us....


  • Registered Users Posts: 743 ✭✭✭KeithTS


    Widye wrote: »
    Hi all

    Minor road traffic accident occurred. Insurance involved. Guards want to conduct a caution interview with the person who caused the accident.

    What would be the likely penalty for leaving the scene does anyone know?

    Appreciate any help. Thanks

    What do you mean by leaving the scene?

    Did you stop, share details with the other party, take a quick look for damage and then go on your way a couple of minutes later?
    Or did you clip somebody and keep driving?

    Rules of the road state you must stay for a reasonable amount of time. That could imply that as long as you share details etc. you're grand. There's no point in hanging about if both parties are happy enough. However, if you didn't acknowledge the incident at all and kept driving or didn't offer up your details to the other person and went on your way that's a little different.


  • Posts: 0 [Deleted User]


    KeithTS wrote: »
    What do you mean by leaving the scene?

    Did you stop, share details with the other party, take a quick look for damage and then go on your way a couple of minutes later?
    Or did you clip somebody and keep driving?

    Rules of the road state you must stay for a reasonable amount of time. That could imply that as long as you share details etc. you're grand. There's no point in hanging about if both parties are happy enough. However, if you didn't acknowledge the incident at all and kept driving or didn't offer up your details to the other person and went on your way that's a little different.

    We'll possibly not get anymore detail, but the latter makes more sense.


  • Registered Users Posts: 52 ✭✭Widye


    KeithTS wrote: »
    What do you mean by leaving the scene?

    Did you stop, share details with the other party, take a quick look for damage and then go on your way a couple of minutes later?
    Or did you clip somebody and keep driving?

    Rules of the road state you must stay for a reasonable amount of time. That could imply that as long as you share details etc. you're grand. There's no point in hanging about if both parties are happy enough. However, if you didn't acknowledge the incident at all and kept driving or didn't offer up your details to the other person and went on your way that's a little different.

    Clipped someone and kept driving


  • Registered Users Posts: 25,391 ✭✭✭✭coylemj


    Widye wrote: »
    Clipped someone and kept driving

    That's called 'hit and run'. Legally, you will probably be prosecuted for a breach of S.106 of the Road Traffic Act 1961. Wouldn't be surprised if they also throw in careless driving (S.52).

    It could have serious implications for your insurance. Talk to a solicitor and unless you were driving a woman in labour to a maternity hospital, I'd consider declining to answer any questions put to you by the Gardai i.e. do not give them a statement.


  • Registered Users Posts: 743 ✭✭✭KeithTS


    Widye wrote: »
    Clipped someone and kept driving

    Can't imagine it's going to go down too well depending on the severity of the incident.

    Did you report the incident later (in person) or have you or whoever did it just get found out? That matters, if you went to the Gardai and reported it afterwards you could probably argue the failing to stop. If it's very minor damage you may get away with saying you didn't think there was any damage and offer to pay/admit liability to insurer as a gesture of good will.

    It's tough to see the exact penalties when googling this but there seems to be a maximum €20,000 and/or 10 years in prison. One would assume that's if you killed somebody but it's obviously taken seriously. Perhaps call your local Garda station and have a casual chat to see what they say about it.


  • Registered Users Posts: 1,510 ✭✭✭OwlsZat


    Widye wrote: »
    Clipped someone and kept driving

    Someone's car or someone? If you honestly hit someone and didn't stop thats exceptionally poor and deserve the book thrown at you.


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  • Registered Users Posts: 52 ✭✭Widye


    OwlsZat wrote: »
    Someone's car or someone? If you honestly hit someone and didn't stop thats exceptionally poor and deserve the book thrown at you.

    Sorry, to clarify - hit someones car.


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