Hit and Run on gfs car

Bluehair

Here's the story.

Gfs car parked outside the house. X drives into the back of it about 20mph and shoves it forward about 5 feet, gets out looks at it and gets back in her car and drives off. Two witness (one of whom spoke to x briefly) can identify both car and driver. Unfortunately witness gets x's car reg slightly wrong but we got lucky when we realised her reg was actually imprinted in the bumper of gfs car we finally managed to track her down. X claims she saw no damage (bumper is visably cracked and number plate slightly bent) but relented and said she will pay for damage as long as it is not exorbatant and accompanied that with considerable abuse to both me and my partner.

Sadly until we phoned up an old mate whos now a Garda the local Gardai were alternaternating between very helpful and 'it'll be hard to prove mate, we'll just give her a warning'! ( :mad: HARD TO PROVE! 2 x witness and physical imprint of her reg in the car! it's doesn't get any more open and shut than this! :rolleyes: )

X is being decidedly bitchy about all this now and is clearly sick she's been tracked down (btw my gf was just given her phone number and basically told to settle it one to one). At this point all my 'milk of human kindness' has been well and truely drained.

How can I ensure that x has her day in court? We've no desire for compensation personnally other than the repair work to the car but I'm damned at this point if she thinks she's getting away with this. Anyone know the proceedure and expected consequences?

Any help much appreciated.

Squirrel

Get the witnesses to give statements and go to the gardaí again as leaving the scene of an accident is illegal

528i

If it moved the car 5ft then there could be more damage that whats outwardly visible?, but if its only a cracked no. plate just forget about it and stop wasting hers and gardai time over something so silly.

Jumpy

Bluehair wrote:

Here's the story.

Gfs car parked outside the house. X drives into the back of it about 20mph and shoves it forward about 5 feet, gets out looks at it and gets back in her car and drives off. Two witness (one of whom spoke to x briefly) can identify both car and driver. Unfortunately witness gets x's car reg slightly wrong but we got lucky when we realised her reg was actually imprinted in the bumper of gfs car we finally managed to track her down. X claims she saw no damage (bumper is visably cracked and number plate slightly bent) but relented and said she will pay for damage as long as it is not exorbatant and accompanied that with considerable abuse to both me and my partner.

Sadly until we phoned up an old mate whos now a Garda the local Gardai were alternaternating between very helpful and 'it'll be hard to prove mate, we'll just give her a warning'! ( :mad: HARD TO PROVE! 2 x witness and physical imprint of her reg in the car! it's doesn't get any more open and shut than this! :rolleyes: )

X is being decidedly bitchy about all this now and is clearly sick she's been tracked down (btw my gf was just given her phone number and basically told to settle it one to one). At this point all my 'milk of human kindness' has been well and truely drained.

How can I ensure that x has her day in court? We've no desire for compensation personnally other than the repair work to the car but I'm damned at this point if she thinks she's getting away with this. Anyone know the proceedure and expected consequences?

Any help much appreciated.

Surely if you request that you wish to press charges that they actually have to?

Otherwise how the hell can people sue McDonalds for hot coffee? The police would just laugh at them.

Jumpy

528i wrote:

If it moved the car 5ft then there could be more damage that whats outwardly visible?, but if its only a cracked no. plate just forget about it and stop wasting hers and gardai time over something so silly.

She left the scene of an accident, no matter how minor without leaving details. That is not silly. That is ignorance of the highest order and should be punished.

alias no.9

Take her insurance details, get the witnesses to agree to giving statements and get yourself a solicitor to take up the case with her insurance company. She has no entitlement to make any decision on how the repairs will be carried out or how the costs will be paid, thats a matter for her insurance company.

Boggle

528i wrote:

If it moved the car 5ft then there could be more damage that whats outwardly visible?,

He has a good point here. You'll have to get the car fully checked out as it's very likely that there's more damage than just whats visible.

but if its only a cracked no. plate just forget about it and stop wasting hers and gardai time over something so silly.

I'd disagree here though. Regardless of the damage, I'd be highly disgusted if someone damaged my car and fecked off.

I'd get the names of the witnesses, take photo's of the damage (imprint also), get a full garage report and then contact both the gardai and her insurance company.

alias no.9

In fact, if your gf has comprehensive cover, just ring her insurance company and get them to sort everything. They will persue her insurance company to recover costs and it won't affect your gf's no claims.

Jumpy

alias no.9 wrote:

In fact, if your gf has comprehensive cover, just ring her insurance company and get them to sort everything. They will persue her insurance company to recover costs and it won't affect your gf's no claims.

WARNING - Insurance companies are extremely sneaky. Do NOT do this unless you have to. They will mark your record that you have made a claim against another insurance company, they did this to me and I had to fight to keep my NCB.

Seth Brundle

It may appear to have little damage but underneath there could be structural or safety damage. Get it checked out! If the impact was strong enough to leave an imprint then it was a hard enough bang!

As the witnesses did not get the correct details at the time then there it could be proven that it wasn't X but someone in a similar vehicle. However as there is an imprint in the bumnper this stands to you.
It seems messy and I don't think a forum will solve it for you!

For the moment though I would not notify the Insurance Company!

The best advice is to consult a solicitor after finding out the complete damage to your g/f car and the costs involved (including your time!).

CrowdedHouse

Bluehair wrote:

Sadly until we phoned up an old mate whos now a Garda the local Gardai were alternaternating between very helpful and 'it'll be hard to prove mate, we'll just give her a warning'! ( :mad: HARD TO PROVE! 2 x witness and physical imprint of her reg in the car! it's doesn't get any more open and shut than this! :rolleyes: )

Cop-speak for 'thats work,we'd prefer to be arseing around the station than actually doing work'

saobh_ie

A parked car with the handbrake on moving five feet? There's definitally going to be more damage than a cracked bumper.

You should photograph the crap out of your car and make an offical complaint to the Gardaí (for limited if any result?) the main thing you want to do is get her insurance details.

Then if she doesn't pay up just go to her insurance company, you have two witnesses it won't matter a toss what she says to them, they'll be obliged to pay for the damage.

Also keep notes of every correspondance verbal or written you've had with X.

Bluehair

Thanks for the feedback folks, does anyone have experience of what she could end up with (points or even disqualification for a while?) if we go the court route. Is this up to us or the Gardai?

Tbh I'm more than reasonable and had she called into the house on the morning I would have understood no problem, just cover the damage and we'll leave it at that. Hell I'd even give the benefit of the doubt had she left a note or even called in a few days later (shock or whatever).

But not only did she reckon she'd gotton away with it she subjects us both to verbal abuse when we did catch up with her; ("drop dead" was amongst the nicer things she said to me :rolleyes: )

Estimates so far range from €450 to over €700 but luckily it seems there's no deformation in the frame or damage underneath (but obviously it was severe enough to imprint her reg into the bumper! :eek: )

The reg the witness gave was almost exactly right he'd just gotton two digits in the wrong order. But once the Gardai rang her she did admit it was her.

I'm just really pi$$ed off at her attitude to the whole thing she's acting like its our fault :mad: I'd usually be philosophical about these things but I don't see why she should just get away with this.

Seth Brundle

OK then:-
1. get a written quote from a dealer/large garage for the repairs - don't use a back street garage!
2. if possible, get it in writing from the gardai that she admitted the offence
3. keep a tally of all costs you incur in this (even time off work sorting it out, bus fares, etc.)
4. get a solicitor to do the rest

she won't get points if you take her to court as this would be a civil action. However, were the gardai to pursue her then she may get them for dangerous driving but this is really doubtful!

Bluehair

Hmmm thanks for the reply. All quotes are from main dealers (best one from the dealership where the was purchased) since despite x's protests theres no way in hell 'my mate can do it for cheaper' is even getting a look in.

Thanks for describing the distinction between the 'civil' action and the Gardai bringing it since it's the latter I really want. We've no desire what-so-ever to profit from this and would simply rather see some penalty for her leaving the scene of the accident.

I'll have another chat with the Gardai tomor and see where we stand. In the grand scheme of things it's not a big deal and obviously I'd rather not be wasting anyones time with this but I'm beginning to feel if the law can be flouted so brazenly then it's fecking pointless having it there in the first place

causal

afaik if a complaint is made then the Gardai have to investigate.
The Gardai pass their findings onto the DPP who decide whether to puruse it or not - but imho this is an open and shut case.

You can make a complaint and give a statement; hopefully the two witnesses will also give statements.
The fact that the number was slightly wrong matters not - since your witnesses can id the perp and she already admitted it to Gardai. Even if she changes her story in her official statement the judge will know that her initial statement was one of guilt.

You're absolutely 100% right to pursue the criminal route - what she did was at least careless driving (crashing into a parked car - what if you were standing at the back unloading shopping from the boot!) - and then she left the scene of an accident which makes it hit and run. And then has the audacity to give you and your gf abuse - WTF is up with some poepl - hang the perp high.
It wouldn't surprise me one bit if she didn't hold one or more of a licence, insurance, tax, nct.

As for the civil side of things - I'd pursue it through her insurance (if she had any) but make sure you protect your own record too (as others have said insurance companies can be sneaky). By getting her insurane to pay it will impact on her premium for the next 5 years at least. She deserves it for her criminal and anti-social behaviour.

I'll also echo that you should get the whole car checkd out. Shifting over a tonne of car with it's handbrake on (was it in gear) takes a big impact.

causal

Hagar

Jumpy wrote:

WARNING - Insurance companies are extremely sneaky. Do NOT do this unless you have to. They will mark your record that you have made a claim against another insurance company, they did this to me and I had to fight to keep my NCB.

They are especially sneaky if x is also insured with them. Think about it, they pay out no matter who is at fault. I had a experience where the company decided we were both equally at fault in an incident. Both parties lost ncbs and the insurance co benefitted from higher premiums from both parties for the next few years.

ifahey

As far as getting the DPP to take any action against X you're probably on a hiding to nothing. I posted on this forum a couple of months back where I was knocked off my motorbike by someone who crossed a double white line and then left the scene.
The guards attended and took all relevant details (including witness statements) - passed the case to DPP requesting he be convicted for Dangerous Driving causing an Accident. The case came back a while back from the DPP marked as no further action.

What do you do ? I claimed for full costs from his insurance (just €850 - mainly my helmet and gloves) just to ensure he lost No Claims Discount.

Cheers,

Bluehair

Ifahey thats sad to hear that (was that outside alsaa? I think I remember that post).

Going to pursue it anyway. Xs latest response is to either not answer her phone or answer it and immediately hand up if its us or the Gardai :rolleyes: (very adult eh?)

No bother it'll just go on her insurance and she's got no-one to blame for that except herself.

causal

Go for it Bluehair - people like X are pathological law-breakers.

ifahey - it's been my (and others) regrettable experience that bikers are mostly treated as second class citizens by the law :mad:

causal