Driving penalty points

Edzha230 · 25-08-2023 4:14pm #1

Hello. I have question. Yesterday I was involved in accident where i hit person who was crossing street. I had right of way to go. In the other line was two lorries and some teneger cross the road between two lorries and in the result I hitted him. He didn't have major injuries, just few scratches. Witnesses said it wasn't my fault due to fact I just couldn't see him. Garda and ambulance was involved. Garda took breath test, photo of my licence and than said I can go home. So my question is will I get any penalty points? I wasnt speeding,nó reckless driving, I had seat belt, no alcohol involved. Boy dad came and started to apologise to me. Thanks.

Calahonda52 · 25-08-2023 4:21pm

Unlikely to get penos points but I would be gathering written witness statements now as there is nothing to stop the person suing you either now or later, on a no win no legal fee.

In most cases where a pedestrian is involved, regardless, the driver is in the wrong!

Edzha230 · 25-08-2023 4:25pm

I was in shock so I just left when garda said I can go and I didn't get any witnesses name or phone number. But there was a man who helped, called emergency services and was doing all talking and he kept telling me it wasn't my fault. Boy's dad was pretty chill to and kept apologising to me.

Calahonda52 · 25-08-2023 4:31pm

Am not trying to be doom and gloom here but you did hit him, so you should chat with the Garda re if they will support your no fault position.

Rubberchikken · 25-08-2023 5:44pm

As a fellow driver I'm sorry you experienced this. Must have been a bloody awful fright.

But like other post, even when not to blame if it involves a pedestrian the vehicle driver will always be blamed.

Not fair I know.

Only thing is while the dad was all chat and not blaming, things can change. Sometimes all it takes is some helpful friend to mention blame/cash. So don't be too surprised if that happens down the line.

Good luck

Edzha230 · 25-08-2023 6:11pm

Garda gave me the number where to call. But really didn't explained everything. Today after work i tried to call twice, noone was picking up. I called so I could know what will happens next and if there is a chance to get in touch with victim. But like I said, nobody picked up. I went to my town garda station, but this garda was kinda ignorant and kept asking what do I mean and just told me to call the number I was given at the scene.

Jim_Hodge · 25-08-2023 6:17pm

https://www.boards.ie/discussion/comment/121027043#Comment_121027043

Please do not get in touch with the victim or their family.

Aint Eazy Being Cheezy · 25-08-2023 6:20pm

There’s nothing for you to do next. If you are getting penalty points, they’ll be sent out to you. If the boy, or his parents, decide to sue you you’ll also get a letter. Just try to forget about it and wait to see what happens.

C3PO · 25-08-2023 6:26pm

https://www.boards.ie/discussion/comment/121027071#Comment_121027071

I would have thought that the OP should definitely be informing his insurance company!

https://cantillons.com/blog/do-i-need-to-tell-my-insurance-company-i-was-in-a-car-accident-in-ireland/

Edzha230 · 25-08-2023 6:28pm

Should I still inform insurance even there wasn't any damages to the car?

Del2005 · 25-08-2023 7:53pm

https://www.boards.ie/discussion/comment/121027094#Comment_121027094

You where involved in an RTC so need to inform your insurance, a lot of people don't.

As the others have said the person you hit could easily sue you. You need to write down everything you remember and try to draw the scene,they have a few years to make a claim by which you'll have forgotten the details. Only problem is that you have zero control of what your insurance company does, but if you have the details all written down they might fight it. I know 2 people who pissed drunk fell in front cars and got payouts, the drivers should have known a drunk will fall in front of them so should have gone slower!

Shield · 26-08-2023 8:37am

Mod: Moved from the Help Desk to Legal Discussion.

-Shield

JeffKenna · 26-08-2023 8:45am

You need to inform your insurance company. Could be a claim coming. It doesn't sound like you did much wrong but you never have right of way over a pedestrian on the road.

coylemj · 26-08-2023 8:54am

OP, for this type of event you cannot get penalty points without a court case and a conviction and from what you've told us, it's unlikely that it will go that far. What is likely to happen is that that lad's father will get advice down in the pub to sue you and he will have no problem finding a lawyer to take the case. This type of case (pedestrian hit by a car) is considered easy money in Ireland because your insurance will settle for a few thousand or maybe more, just to make the case go away.

You definitely need to inform your insurance company of the incident. Because if the first they hear of this incident is a letter from that lad's lawyer, they will not be pleased.

micar · 26-08-2023 9:02am

Speak to a solicitor and inform your insurance company.

Never ever speak to guard without a Solicitor present

coylemj · 26-08-2023 9:34am

https://www.boards.ie/discussion/comment/121028744#Comment_121028744

It's easy to spend someone else's money. OP has not been summonsed for a driving offence, why on earth should he engage a solicitor?

dodzy · 26-08-2023 9:38am

https://www.boards.ie/discussion/comment/121028744#Comment_121028744

Pity. All advice thus far had been solid. And then this. I suppose it was only a matter of time really. 😏

Jim_Hodge · 26-08-2023 11:03am

https://www.boards.ie/discussion/comment/121028744#Comment_121028744

Awful advice. The OP does not need to speak to a solicitor. And as for "never ever speak to a guard without a solicitor present", that's bizarre advice in a situation like this.

Edzha230 · 26-08-2023 1:00pm

Thank you all for opinions, I appreciate it. I am big over thinker and always play worst scenario. So let's say, it goes to court and I lose the case, who will pay vicitm money? Do I have to or insurance?

Jim_Hodge · 26-08-2023 1:10pm

https://www.boards.ie/discussion/comment/121029442#Comment_121029442

Relax. It's likely no more will come of it. If they make a claim, your insurance will look after the case and any payment. Let it go.

C3PO · 26-08-2023 1:41pm

https://www.boards.ie/discussion/comment/121027484#Comment_121027484

This is wrong - colliding with a pedestrian while driving is definitely an RTA, you need to inform your insurance company.

coylemj · 26-08-2023 2:02pm

https://www.boards.ie/discussion/comment/121029442#Comment_121029442

The vast majority of your type of case never gets inside a courtroom. That is because, in order to save on legal fees, insurance companies typically settle i.e. they make an offer and the plaintiff (the teenager you hit) accepts. The insurance pays, that's precisely what it's for.

Beyond furnishing a full report to your insurance company, it's very unlikely that you will have any further involvement in the case. And you're unlikely to hear anything more from that Garda. Stop worrying and get on with the rest of your life.

Seth Brundle · 26-08-2023 2:32pm

https://www.boards.ie/discussion/comment/121029601#Comment_121029601

Erm, that's exactly what they posted!

Strumms · 26-08-2023 3:03pm

Did anyone witness the boys Dad apologising ? A Garda for example…?

I doubt the pedestrian or his dad will / can sue you. Unless you provided them with your details..how can they get their legal representative issue a writ etc…

micar · 26-08-2023 3:25pm

https://www.boards.ie/discussion/comment/121029113#Comment_121029113

The Guards could very easily charge OP for driving without due care and attention.

Jim_Hodge · 26-08-2023 3:28pm

https://www.boards.ie/discussion/comment/121030089#Comment_121030089

Very unlikely based on the scenario explained, which is all we can go by. Let's cut out the hysteria. The balance of probability is that the OP will hear no more. There are loads of ifs and buts and could but it's pure supposition that the OP doesn't need to deal with.

coylemj · 26-08-2023 4:04pm

https://www.boards.ie/discussion/comment/121030089#Comment_121030089

And if they do, he can then consult a solicitor. Your unconditional advice to the OP was to 'speak to a solicitor'. Which would be a monumental waste of time and money if the cops never charge him with anything. So why tell him to go to a solicitor now?

micar · 26-08-2023 4:04pm

https://www.boards.ie/discussion/comment/121030118#Comment_121030118

It's better to look into it now when it's all fresh in the memory......just in case.

newmember2 · 26-08-2023 4:11pm

https://www.boards.ie/discussion/comment/121029974#Comment_121029974

Did anyone witness the boys Dad apologising ? A Garda for example…?

What difference does that make? The Garda do not decide on culpability (as they weren't even there) and admissions of either party is no indication of culpability either.

I doubt the pedestrian or his dad will / can sue you. Unless you provided them with your details..how can they get their legal representative issue a writ etc…

What planet are you living on?

OP, try and forget about it. If the young lad didn't appear hurt then I wouldn't worry any more about it.

Edzha230 · 26-08-2023 4:19pm

Again thanks everyone for calming me down. I appreciate it

...Ghost... · 26-08-2023 4:37pm

>You are obliged to inform your insurance company of any accident you are involve in.

The parents o the teenager might sue you, even if the accident is not your fault. If they sue, it could take a few years before it is settled.

Here's the stupid part......either way, your insurance premium will be higher, because for the next 5 years, you will have to declare to all insurance companies that you have been involved in an accident. If you don't tell them, your insurance is not worth the paper it's printed on. Welcome to Ireland 🇮🇪

kirk. · 26-08-2023 4:55pm

https://www.boards.ie/discussion/comment/121030363#Comment_121030363

Some policies have legal protection

Unrealistic · 26-08-2023 5:46pm

https://www.boards.ie/discussion/comment/121028720#Comment_121028720

I was going to dispute this as a driver crashed into me and knocked me off my bike earlier this year and the Garda told me he was going to issue a Careless Driving FCN with penalty points and a fine. Having just read into it some more on the RSA, Garda and Citizen Information websites it seems that what he actually issued was a 'Driving without reasonable consideration' FCN and this should only be issued if there was no accident. It seems completely screwed up that driving 56 km/h in a 50 zone can get you 3 points and a €160 fine but driving into a roundabout without looking, and actually crashing into someone, only merits 2 points and €80. (Apologies for going off topic.)