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Collision with car

dreamComeTrue

I need an advice.

About 4 weeks ago I collide with car wile riding my bike. I was moving straight thru crossroad (on my green light) when that taxi from opposite direction started to turn right (his right) and appears in front of me.

So I tried to use breaks (without success) and I hit the car somewhere around the trunk (it was sedan) on passenger's side. I flipped over my bike and car trunk and hit the ground. I fall on my back. I'm a cautious cyclist, I always wear helmet and that's and a soft backpack full of casual office clothing literally saved my life.
Helmet got cracked. My bike is dead with broken front caliper, break lever, fork, and frame.

I was able to stand up after maybe half minute and people around help me to leave the road and removed my bike from road. I was shocked but without visible serious injures. I was staying on road side trying to get my thoughts together. And a taxi driver left me on the road, just asked "Are you ok?" and drove away. I don't know am I ok or not, because I have no idea what's going on around me at that moment. Guys who help me to get away from the road told me to write down the taxi registration number (the driver was at the site at that moment and left after several minutes). I even can't do that. So one of them did it for me. When I calm down a little and was ready to move on I discovered that finger on my hand is probably fractured (and it was). One of the guys just stay with my all the time. Big thanks to him. He help me to reach the nearest Garda station (only 300-400 meters from the site of collision).

We both made the statements regarding this case. Gardai who took my and mine witness readings, recorded all the facts and license plates of the taxi driver and assured that I will know all the details for a compensation. But they refused to count it as hit-and-run as the driver has stopped and "checked my state".

Next day I came to hospital, where it turned out that my finger is fractured, my muscles are stretched and I have lots of bruises.

I called Gardai couple of times during this month and once I was even lucky to have a conversation. And I got the answer that there was no time for my business right now. Sure, they are busy, but this taxi driver has not yet incurred any responsibility for the deed. So the things are as follows: you can hit a person by car in the middle of the day and you will not got anything for it. I lost my bike and now I need to go to my work by feet or use bus. Also I've spent time and money in the hospital. I still wearing the bandage on my palm, still feeling pain in my back.

I can't got in contact with this Gardai still. Because my officer either absent on the spot or on vacation or having day off or whatever.

Maybe there is different way to solve my problem, than calling in a Garda station day by day with no result?

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Comments

Kristopherus

Contact a solicitor is my advice.

site_owner

Get a solicitor

[Deleted User]

As others have said solicitor , let them do the running around for you.

Hope you're on the mend both physically and mentally , an incident like that can take a lot out of you for long after the physical wounds have healed so be sure to take care of yourself mentally too!!!!!!!

dreamComeTrue

Thank you guys.
I'm not Irish so I have no idea of lot of common things here. In my country of origin it is not a big deal to reach another person in situation like that. I'll try to talk to solicitor.

[Deleted User]

dreamComeTrue wrote: »

Thank you guys.
I'm not Irish so I have no idea of lot of common things here. In my country of origin it is not a big deal to reach another person in situation like that. I'll try to talk to solicitor.

There is an organisation called FLAC who offer free legal advice clinics.

https://www.flac.ie/help/centres/

I've not used them myself but might be a good starting point if money is an issue or just for advice on how to proceed.

punisher5112

Write all the facts that what happened and who seen it,times, gardai details and medical issues and anything else you can think of.

A solicitor may well be needed.

FizzleSticks

This post has been deleted.

Kaisr Sose

That sounds horriible and shocking behaviour of the driver. Look after yourself. You were unfortunate but lucky to have a solid witness that took the reg details. It’s so bad and dishonorable what the driver has done. Shows no respect for you. The driver seems like a sleaze bag. In another situation they would leave you on the road if they could get away with it. In my opinion, it’s similar to hit and run as they left the scene without giving your their details.

You should write to the Garda station seeking the insurance details of the taxi. The motorist has to give it to the Garda and the Garda have to give it to you. The service from the Garda is very bad. I am in a similar prices with them and it’s like thy are covering for the motorist (maybe they are!). Leaving the scene of traffic incident is not good and the Garda should be backing you in this. It is still early days though and the investigative process is slow.

If you can get the insurance policy you can proceed directly for compensation without a solicitor with the insurance company or via PIAB. First, you need the policy. If you have the reg no., you can write to Dublin City Council and request the insurance details. Tell them it’s for an incident where you were hit and the vehicle left the scene.

Alternatively, contact the MIBI and pursue it as an uninsured motorist claim. As soon as they see the policy (and they will) they will pass it over.

Alternatively, go the Solicitor route. You can settle this without one though. I would not be rushing to settle this. Your injuries are not healed, recovery unknown. You have two years to lodge a claim with PIAB. Check out their website for information on making a claim.

RacoonQueen

PIAB will look after all details for you - they deduct their fee after a claim has been settled with his insurance company. The taxi driver presumably didn't give you his insurance details which means he left the scene of an accident without giving his details when, from your description, the accident was his fault.
Keep all receipts including bus receipts or taxi receipts from expenses incurred travelling to work etc now you don't have your bike. He is liable for them if you ordinarily travel by bike.
I hope you heal up quickly and get sorted - if the guards aren't speaking to you then you will need a solicitor or this will never be finalised given it sounds like you have not got his insurance details.

dermabrasion

I empathise with your experience, but Im enraged by the attitude of our police. A similar collision happened me, where the Gardai did nothing with the information given to them. I find it very hard to let it go, even though I was only bruised and the bike not damaged.
I'm watching out how the Gardai handle a few recent incidents:
1. My colleague was wiped out a junction by a left turning taxi. She's fine, but the taxi drove off. That is an offence. She got details and witnesses, and she knows a Garda who might stick-handle this. I want to see where this goes.
2. A reckless overtake by a car brought down a rider on a recent club spin. Caught on camera, and clearly reckless driving. There is a complaint made. Again, I want to see where this goes.
OP, I hope you recover your bike and receive compensation, and I expect you will if you go through what has been advised above. But there is cyclical apathy in some of our police force that results in reckless people driving with impunity. That is a 'Garda culture' that must change for the good of all citizens.

jcd5971

Guards are too busy to deal with someone who was basically knocked down and left at scene by the driver.

That's unbelievable and the guards wonder why they are losing the respect of the public.

beans

Solicitor will be able to sort this for you. The case you describe is very similar to one that I pursued last year successfully (although driver remained and spoke to the police). Keep notes about costs incurred, receipts etc. Witness contact-details, too.

terrydel

jcd5971 wrote: »

Guards are too busy to deal with someone who was basically knocked down and left at scene by the driver.

That's unbelievable and the guards wonder why they are losing the respect of the public.

Losing? I'm surprised theyve an ounce left after the last few years.

OP, very sorry to hear of your accident, by the descriptionit sounds like you had right of way and he was crossing lanes, same thing that happened to me 4-5 years ago. The driver in my case admitted liability immediately and I was awarded a significant claim and a new bike from it. Not saying you will get the same or similar, but on what I've read I do believe you are firmly in the right here and the driver is 100% at fault.
Get well soon.

bcb1

@dreamComeTrue serious sympathies man. Been there, done that and know how frustrating it was and me from here....I can only imagine what it is like for someone who is not from here! The Guards will fob you off to a point but they could simply be investigating it. I know from my own experience it was only when my solicitor pushed them that I got any progress. Also, PIAB is not the best thing either. The offer crap money in the hope that you go away. There are a few good firms out there that deal specifically with Bike injuries moreso than the usual humdrum crash cases. If you haven't got one yet I'd google Bike legal specialist and I'm sure you'll be fine

dublinstevie

mod note - troll comment removed - don't post in this thread again.

dreamComeTrue

punisher5112 wrote: »

Write all the facts that what happened and who seen it,times, gardai details and medical issues and anything else you can think of.

A solicitor may well be needed.

I've saved all related documents. I think it's not to many but I have what I have. Thank you.

dreamComeTrue

FizzleSticks wrote: »

This post has been deleted.

Thank you FizzleSticks. I don't know what can follow to driver in such case. In my country it can be more than compensation to victim - I would say it could be from small fine or penalty points to jail sentence (of course it depends on circumstances)

dreamComeTrue

Deleted User wrote: »

There is an organisation called FLAC who offer free legal advice clinics.

I've not used them myself but might be a good starting point if money is an issue or just for advice on how to proceed.

Thanks Enfilade. That is good to have that kind of option.

dreamComeTrue

Kaisr Sose wrote: »

You should write to the Garda station seeking the insurance details of the taxi.

Yes, that's what I've asked from Garda :-/

wrote:

PIAB
MIBI

Good to know! Thank you

copeyhagen

something similar happened to me last year, although I was on a motorbike and the injuries were obviously a lot more extreme.

in fairness to the guards, they came to see me in the hospital a few times to gather a statement, but not putting pressure on or anything (I couldn't write or anything, part of the accident was two broken arms and wrists).

but when I was out of hospital a few weeks (like 3 months after accident), guards rang me and told me that the driver of the car had been prosecuted of a few things related to the crash, so I wouldn't be too dismissive of the work they could be doing in the background.

but as was mentioned, you need to talk to solicitor asap, they then make a claim on your behalf that has to go to the PIAB.

Fian

Section 106 of teh Road traffic act 1961:

106.—(1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:

(a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;

F220[(aa) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance;]

(b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;

(c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána or, if no such member is present, to one person entitled under this section to demand such information;

F221[(d) if—

(i) injury is caused to property other than that of the driver of the vehicle and for any reason he or, if he is killed or incapacitated, the person then in charge of the vehicle does not at the place of the occurrence give the appropriate information to a person entitled under this section to demand it, or

(ii) injury is caused to a person other than the driver of the vehicle,

the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall, unless he had already given the appropriate information to a member of the Garda Síochána, report the occurrence as soon as possible to such a member and, if necessary, shall go for that purpose to the nearest convenient Garda station and also give on demand the appropriate information to the member.]

It is an offence not only not to stop, but to fail to remain on the scene for a reasonable time or to fail to report the accident. This is assuming that the driver knew you were hurt and did actually just drive away without remaining on the scene for a reasonable period. I haven't quoted teh whole section but you can find it here:

http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/HTML/EN_ACT_1961_0024.htm

That is a consolidated version showing amendments.

A solicitor will progress your compensation claim. Or you could go directly to PIAB if you wished to, but generally you will get a better outcome with a solicitor involved.

dreamComeTrue

bcb1 wrote: »

@dreamComeTrue serious sympathies man. Been there, done that and know how frustrating it was and me from here....I can only imagine what it is like for someone who is not from here! The Guards will fob you off to a point but they could simply be investigating it. I know from my own experience it was only when my solicitor pushed them that I got any progress. Also, PIAB is not the best thing either. The offer crap money in the hope that you go away. There are a few good firms out there that deal specifically with Bike injuries moreso than the usual humdrum crash cases. If you haven't got one yet I'd google Bike legal specialist and I'm sure you'll be fine

That's what I did. I've found several solicitors who specialised on bike crashes.
Yes, already found several stories of claims from PIAB - people experience the same problem - they're just trying to get rid of these claims.

ford2600

dreamComeTrue wrote: »

That's what I did. I've found several solicitors who specialised on bike crashesю
Yes, already found several stories of claims from PIAB - people experience the same problem - they're just trying to get rid of these claims.

I wouldn't worry too much about the Gardaí, once they have a record of it and you can get it along with basic details like; insurance policy number, witness names and contact details.

It might be of benefit to see if you can get CCTV footage of accident, corner shop, pub etc if close to accident location.

Thread carefully with solicitors; get details upfront in writing of what their charges will be along with details on any other fees that PIAB won't allow. Your PIAB award will include your solicitors fees. So if you are awarded 10k, his/her fee will come out of that.

You have to use the PIAB system; the only way you can get to use court system is if both parties don't agree to award amount.

A good solicitor is a good solicitor, there is nothing special about cycling that requires a specialist. There are two issue
*liability (whose fault was accident)
* assessment of damages

The PIAB system will issue an award irrespective of liability.

Put up area you are in and someone might be able to recommend and a good solicitor.

Kaisr Sose

^^^@ ford2600 good advice. Solicitors just add cost, unknown cost in many cases. If it can be settled through PIAB it’s a good, and known cost route.

ford2600 wrote: »

I wouldn't worry too much about the Gardaí, once they have a record of it and you can get it along with basic details like; insurance policy number, witness names and contact details.

Slightly off topic...
I had a incident June last year and dispite asking loads of times, I have not got the insurance details of the motorist or an outcome of the investigation from AGS. I have had to write looking and still nothing after 6 weeks. At this stage it looks like they are protecting the motorist rather than being impartial.

It’s not a process that works! AGS should be able to outsource the mundane/routine stuff like this. It’s not a good use of their time when they are already under resourced and overstretched.

bcb1

dreamComeTrue wrote: »

bcb1 wrote: »

@dreamComeTrue serious sympathies man. Been there, done that and know how frustrating it was and me from here....I can only imagine what it is like for someone who is not from here! The Guards will fob you off to a point but they could simply be investigating it. I know from my own experience it was only when my solicitor pushed them that I got any progress. Also, PIAB is not the best thing either. The offer crap money in the hope that you go away. There are a few good firms out there that deal specifically with Bike injuries moreso than the usual humdrum crash cases. If you haven't got one yet I'd google Bike legal specialist and I'm sure you'll be fine

That's what I did. I've found several solicitors who specialised on bike crashes.
Yes, already found several stories of claims from PIAB - people experience the same problem - they're just trying to get rid of these claims.

Good stuff. Be careful too about upfront fees. Some asked me for money to pay for Medicaid and that. I simply didn’t have it so I went with a guy who said he’d pay for medicals and that and get it all at the back end of the case. He also got a fee but it wasn’t a crazy amount and he was upfront at the start.

Keep us posted how it’s goes.

dreamComeTrue

copeyhagen wrote: »

something similar happened to me last year

I'm sorry to hear that happened with you. Hope you are well recovered after that.

Fian wrote: »

Section 106 of teh Road traffic act 1961

Thank you Fian. Every detail can help.

Mercian Pro

My own twopence worth:

Accident 1 - the driver remained at the scene, the Gardai got all the details and passed them on to me, my solicitor told me to go straight to PIAB if I wasn't happy with the insurance offer, PIAB were very helpful and recommended a significant payment which I accepted after consulting with a Barrister who specialised in Personal Accident cases.

Accident 2 - same as above except the insurance company made a decent offer that I accepted.

In both cases, the drivers cut across me at junctions when I was going straight on. They both admitted full liability and remained at the scene. There were also witnesses who gave statements to the Gardai.

I am surprised at the negative comments about PIAB as I found them very professional.

dreamComeTrue

ford2600 wrote: »

A good solicitor is a good solicitor.

Thank you ford2600. I hope I choose the good one. The conditions are fair, from my point of view.

Kaisr Sose wrote: »

I had a incident June last year and dispite asking loads of times, I have not got the insurance details of the motorist or an outcome of the investigation from AGS. I have had to write looking and still nothing after 6 weeks. At this stage it looks like they are protecting the motorist rather than being impartial.

I hope you are well after that accident. I think PIAB are like any other business – trying to protect "their" money.

bcb1 wrote: »

Keep us posted how it’s goes.

I will try to post updates.

I just want to say thank you to all of you one more time. I found here very supportive community.

dreamComeTrue

Mercian Pro wrote: »

My own twopence worth:

Accident 1 - the driver remained at the scene, the Gardai got all the details and passed them on to me, my solicitor told me to go straight to PIAB if I wasn't happy with the insurance offer, PIAB were very helpful and recommended a significant payment which I accepted after consulting with a Barrister who specialised in Personal Accident cases.

Accident 2 - same as above except the insurance company made a decent offer that I accepted.

In both cases, the drivers cut across me at junctions when I was going straight on. They both admitted full liability and remained at the scene. There were also witnesses who gave statements to the Gardai.

I am surprised at the negative comments about PIAB as I found them very professional.

In my case the problem - I haven't insurance details. After everything I've read here I think my first words in that case would be "Gimme your insurance details" instead of "Hi"

Kaisr Sose

dreamComeTrue wrote: »

In my case the problem - I haven't insurance details. After everything I've read here I think my first words in that case would be "Gimme your insurance details" instead of "Hi"

True! At the same time, a lot of motorist would give them!

PIAB is a neutral (statutory) party and not paying with their money. They make a recommendation for compensation that either you or the insurance company (who have to pay it) can reject. If that happens, then you do need to engage a solicitor.

Good luck with it and best wishes for your recovery.