Help and advice needed

seem

So after 12 years of driving without any incidence, I got 3 penalty points for overspending last aughust. Was rushing to work after dropping little one to summer camp.

The day before yesterday, I had an accident. Three cars going in a very squeezed lane of 80 km/ hr. My speed was around 30. One sec everyone was fine, and the next the car in front had stopped and by the time I realised she has stopped and slammed my breaks, I had collided into her and she into the first one.

Got out, and thankfully no one was injured. .Mine and the car in front were damaged enough to be towed. Mine was an 11 year old Merc, now written off and hers was a 10 Yr old fiesta , not sure of its fate.

The first one was Peugeot 2008 and had a mild to moderate dent.

The garda came, checked for alcohol, and took details and all and said they are glad everyone is fine. So I went back and told the truth to my insurance. They sent an investigator who said it looks like its all my fault. I do no contest it. How could it have happened is totally beyond me, maybe I sneezed or blinked or God knows what, but certainly not blaming anyone else. The insurance told me I'll have to pay 500 excess and my premium will increase and all. Understood and agreed. They have given me a temporary rental car for 7 days.

Had to go to garda station to produce my driving licence..he asked me to give a written statement which he said I'm not obliged to, but can be used in court if it goes there. He said he is sure I won't be taken off the road God forbid, but could be a ticket /more penalty points /court summons, but then he also said he is telling me the worst case scenario. I'm extremely anxious, hence writing at 2:50 am. I am a mother, a doctor, I will be in really hot waters if anything like this happens. My life has come to a standstill. Can someone please give any insight into anything? I'll be eextremely thankful.

Shield

https://www.boards.ie/discussion/2058352965/help-and-advice-needed

When you have verified your account by clicking on the link we sent to your email, you will have full access to the range of fora we have available. You will need to be specific though. Exactly what sort of help and advice are you looking for? I’m not seeing any actual questions here so try and be clear so that I can move your discussion to the correct forum.

Thanks.

-Shield

seem

I just want to know from people's experiences that what will happen next?

Shield

https://www.boards.ie/discussion/comment/122176312#Comment_122176312

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whomitconcerns

Your post is confusing. You were doing 30 and the cars in front were doing 80?

You were paying so little attention that you couldn't break from 30? That's unfortunately not a momentary lapse. You are probably being charged with driving without due care. It's careless driving, up to 5k fine and 5 penalty points. But based on what you have said that's probably as bad as it could be. Doesn't seem like dangerous driving. (Not legal advice)

Shield

Mod: Moved from the Help Desk to Legal Discussion on the understanding that legal advice shall neither be requested nor dispensed.

-Shield

_H80_GHT

https://www.boards.ie/discussion/comment/122176346#Comment_122176346

OP was doing 30 in a narrow, 80 zone.

mondeoman72

Doing 30 in an 80? This sounds like one of those cases where somebody is causing a queue of traffic to build up behind them, which causes people to become frustrated and try to pass them out. Then they say the car in front stopped and by the time they notices, they had hit them.

That absolutely sounds like careless driving or possibly driving without due care and attention.

whomitconcerns

30 in an 80 could be dangerous driving depending on the circumstances

cml387

https://www.boards.ie/discussion/comment/122180361#Comment_122180361

Or maybe it was just suddenly slow moving traffic as happens sometimes and the op ran into the back of them.

OP, although the gardai said a prosecution is possible, it's unlikely.

mondeoman72

I do a lot of long distance driving. I have seen frequent occasions of cars travelling very slowly on N roads - Dublin to Donegal, causing big queues tailbacks to form and people get frustrated and end up trying to overtake when it may not be wise. It is absolutely bad driving and does cause accidents. It is 140km from Dublin to Donegal town and getting stuck behind an inconsiderate dope on a national road is disasterous.

Doing 30 in an 80 is really bad form, but does not explain how you still managed to run into the back of someone. Possibly why the gardai are considering to prosecute.

Whatwicklow

You need to be charged with something to be prosecuted for something.

Speak with the garda, ask is he changing.

If he is charging make an appointment with your solicitor for advice on the likelihood of fine & prosecution.

derb12

This wasn’t a case of a slow car needing to be overtaken. The OP says she was doing 30 in a line of 3 cars and she was at the back.
If the car she knocked into then knocked into the car in front of it, all 3 cars must have been slowed or almost stopped at the point.
OP what was the original cause of the slowing down /stopping?

I hope you’re doing okay- the experience sounds very traumatic.

FishOnABike

Have you given a written statement to the gardaí yet? If you have stop worrying about it. Nobody was injured, you were at fault for the collision so you need to replace your car and your insurance will cost more for the next few years.

If you haven't given a written statement it might be worth talking to a solicitor before you do, to get advice on what you should do and what you should or shouldn't put in a written statement if you are going to give one.

seem

The garda asked me to give a statement, but he said I don't have to if I don't want to. I told him I'm still very shaken, so I'd rather not. He said that's perfectly fine, I may be in touch with you next week. He was the one who had lead the team who came to the scene. He didn't say he will charge, he just said someone up may decide to issue you a ticket if they decide someone is at fault, though I'll just say it was an accident, and accidents happen all the time, in his words.

Regarding the speed, everyone was going slow. It is that kind of a road. There was no car behind me. The second one was in front of me, and when it suddenly stopped, I hadn't realised that she was meaning to stop. I don't know how, been driving on that road for 5 years. But one second, everything was fine on the road, and the next split second, I had hit the back of her car.

The insurance company was saying that the third parties have claimed for material damages and no personal injuries. Will be sorted.

Just freaking out, what is going to happen next week.

FishOnABike

No need to freak out. Minor tips happen all the time and it gets sorted by insurance and usually goes no further than that.

Ezeoul

 Three cars going in a very squeezed lane of 80 km/ hr. My speed was around 30

I took this to mean the speed limit of the road was 80km but due to the volume of traffic, the traffic was moving slowly along at 30km.

OP, one of the fundamental basics is that you must keep enough distance between you and the car in front of you to be able to stop. You didn't, so you are at fault (imo).

If proscecuted you might get off with a fine and more points. But your insurance is going to hammer you.

Oscar_Madison

If it’s your job you’re worried about OP, don’t.

Even if there’s a careless driving charge, it’s not like you were on the phone, doing excessive speed etc - a conversation with a a good soliciitor will set you straight and no harm anyway in doing this especially if Gardai are asking for a statement - accidents happen - yes they’re caused and quite possibly you were the cause but it doesn’t appear to be as a result of something like mobile phone use or speed - they will need evidence to charge you with even something like driving with undue care and attention so your statement now will be very important - try and stay calm - it’s certainly not the end of the world nor the end of your career or anything like that - everyone appears to have walked away unscathed so that’s brilliant

Eggs For Dinner

OP, did you advise your insurers when you received penalty points ? If not, your insurers may reserve their right to provide you with indemnity in relation to this accident.

MakersMark

Nothing to worry about.

You're likely to be sued by the people you hit when they realise they can get some free money above and beyond their damages.

Let your insurance company deal with them. That's why you pay your insurance premium.

MakersMark

https://www.boards.ie/discussion/comment/122192142#Comment_122192142

Scaremongering nonsense.

She'll be fully covered

Princess Calla

https://www.boards.ie/discussion/comment/122185558#Comment_122185558

In situations like this , if I was the fiesta coming to a stop I would have thrown the hazards on.

I don't think it's a requirement but it gives the car behind me a heads up there's something not quite right please don't go into the back of me.

These things happen, be thankful you were going slow , the outcome could have been alot worse.

Ezeoul

https://www.boards.ie/discussion/comment/122192227#Comment_122192227

Doubt they would have had time. Sounds like it happened very fast.

Eggs For Dinner

https://www.boards.ie/discussion/comment/122192155#Comment_122192155

It's factual and a regular occurrence. Some insurance policies state that you must notify your insurer IMMEDIATELY on receiving penalty points. Failure to do so is a breach of contract which MAY lead to the insurer failing to provide indemnity.

seem

They were put on last August.

Had notified the insurance then , and also at renewal.

Eggs For Dinner

https://www.boards.ie/discussion/comment/122193637#Comment_122193637

Should be no problem then. You were looking for advice and I was just trying to give you some from my many decades in the business. I hope it works out ok for you

Claw Hammer

You would be better off getting a solicitor who is experienced in criminal law before making a statement to the guards, if you do it at all.

seem

The garda called again to ask me to come to the station to give a statement. I don't know if I should, and how to find a criminal lawyer. Never been in contact with one.

FishOnABike

You will probably have to give a statement about the collision. It's probably best to do it when it's convenient for you rather than have the Garda hounding you for a statement.

Ring around a few local solicitors that have some experience dealing with minor traffic matters should find you a solicitor who can advise you. It would be best to get some advice before your statement.

A solicitor will be able to advise you regarding your statement and prepare you what to put in or not put in your statement.

Gael23

I would speak to a solicitor before doing anything else

seem

I'm actually a dentist, and work full time. I'm working tomorrow, then it's the bank holiday. Will be Wednesday before I can call around, as that is my first day off in the next week. Worried about worrying sick till then, or being too late

seem

What is the purpose of a statement here? Are they looking to charge?

FishOnABike

Don't overthink or worry about it. It's just following procedure.

Let the guard know you are working over the weekend and it might be next week before you can call in. In the meantime get advice from a solicitor on making the statement and what you should or shouldn't say in it.

FishOnABike

I'd keep anything as short and simple as possible and stick to objective facts.

Princess Calla

You are at fault so do bring a solicitor.

However as accidents go I don't think this is major (though compensation will probably be high) .

Unless there's signs for roundabouts or traffic lights you don't expect traffic to come to a halt...of course it happens and you should be prepared etc but then no accidents would happen.

It would be interesting to find out what caused the traffic to come to a complete stop though.

I was driving along the coast road a couple of weeks ago, it's a 60 zone but on the stretch I was on heading to Sutton you're lucky to get above 50.

So anyway driving along as normal when car Infront of me comes to a complete stop , absolutely no warning, road clear Infront of him and stops dead, not even pulling into the side.

Luckily I leave a good size gap between me and car Infront, so I was able to stop in time. My hazards are beside my gear stick so I hit them as I'm changing gears down for the stop.

There's 3 oncoming cars so I can't overtake straight away, but when I do there he his looking down vigorously texting someone on his phone!!!

My friend was two cars behind me and when she was overtaking he was still texting away.

But had I gone into the back of him it would be my fault.

These are the people you're sharing the road with!

3DataModem

The Garda is telling you the worst case scenario (they are obliged to) but that scenario is very, very unlikely.

The best you can do is get a solicitor, get their advice about making a statement, then bring them to court with you if need be.

I'll say it again, based on what you've said, you shouldn't be worried.

I can tell you from experience that the courts look much more fondly at people who take the process seriously. How do they know if you take it seriously? Dress well, don't chew gum, arrive on time, and hire a good solicitor.

3DataModem

https://www.boards.ie/discussion/comment/122208628#Comment_122208628

You need to take this more seriously. If you were unwell, you'd have no hesitation taking time off to deal with it. Get a solicitor, pay for the meeting, get their advice about the statement, and you'll feel MUCH better.

Drumorig

https://www.boards.ie/discussion/comment/122208629#Comment_122208629

Ye, do not make a statement.

Ted222

https://www.boards.ie/discussion/2058352965/help-and-advice-needed

This is a bog standard accident. No one hurt.

There will be no prosecution. If you don’t have to make a statement, I wouldn’t bother. If you do have to, make it as vague as possible.

https://www.boards.ie/discussion/comment/122194305#Comment_122194305

Criminal lawyer for a fender bender. Jesus wept.

csirl

I've a family member who was the middle car in what sounds like a similar accudent. No prosecution was ever taken against the driver who caused the accident. Drivers insurance arranged repairs etc. Let the insurance companies handle this and dont worry too much - they're used to these scenarios.

If its the case that you have a motivated guard who's trying to get a prosection for careless driving, get a solicitor before making a statement. Solicitor should ask if any of the other drivers have complained or made a witness statement etc. I wouldnt make any statement unless others have as they cant prosecute without any evidence. It may well be that the Garda is hoping you'll admit to being careless and take the open goal of you admitting it!

Even if it goes to court, it will be a minor issue in the District court - with 100s of other minor motoring offences.

Claw Hammer

https://www.boards.ie/discussion/comment/122218281#Comment_122218281

What kind of lawyer would yout get? A probate lawyer?

Drumorig

https://www.boards.ie/discussion/comment/122218281#Comment_122218281

I wouldn't be so sure. Dont make a statement and incriminate yourself.

Just decline making a statement.

extra-ordinary_

No need for the expense of a solicitor. Ask the guard if you're obliged to give a statement, then decline when he says no.

seem

He did give me the caution that you are not obliged to say anything unless you wish to do so, but if you do, it can be used against you.

I said I'd rather not then. Then he called me one week later and left the msg that no panic, but he wanted to know if next week suits to come in and make one.

I called back then no one picked.

Was on Friday evening. Haven't called them back since 😬. Don't know if that is wrong that I didn't try again to call.