I had a car accident

ninjarambohd · 11-03-2019 04:14PM #1

Hi everyone. OK so today I had a car accident. To shorten the story I was going over this narrow bridge and another car was coming opposite me. I kept going to the left hand side but she came with a lot of speed and crashed into the front of my car.

Anyhow, she said that she has no insurance and has a provisional licence, with no one with a full licence sitting beside her. I called the guards, but before they arrived the girls dad came and told me to tell the guards that "There were two people in the car, the girl with the full licence was the driver" He also started cussing at me etc.. when I refused to do so.

By the time the guards arrived, the dad made the girl with one of her friends to flee the scene. All I managed to do was to take a photograph of the car they were fleeing away in and a photo of the girl who crashed into me.

When the guards arrived I told him about this situation and he spoke to the girls father. I asked the guard what happens now? He told me he would be in contact with me in a day or two and would get the girl to appear at the gardai station.

Just wondering is this how the procedure is done when the actual driver flee the scene?

biko · 11-03-2019 04:25PM

Since you're on the site since 2017 I will assume this is not a troll thread.

Either way about the girl, her dad and the garda - if you are hit by an uninsured driver you have protection from MIB, the Motor Insurers' Bureau of Ireland
Read more on this site https://www.mibi.ie/making-a-claim.52.html

ninjarambohd · 11-03-2019 04:27PM

biko wrote: »

Since you're on the site since 2017 I will assume this is not a troll thread.

Either way about the girl, her dad and the garda - if you are hit by an uninsured driver you have protection from MIB, the Motor Insurers' Bureau of Ireland

I swear its no troll, I've never faced this situation before. So what happens.

Tomw86 · 11-03-2019 04:33PM

Stick with the story (the truth) which you told the guards is my only advice. DO NOT CHANGE IT no matter how much pressure you are put under from the other party.

I would seek the advice from a solicitor too as it does not sound like the other party will let this go without an almighty fight as they have 1) lied to Gardaí 2) fled the scene of an accident, 3) were driving without insurance and 4) A driver on provisional was driving on their own which incriminates the driver and owner of the car - not likely her.

If you are approached by them to try and settle it in cash then it is your decision - I would personally ask them for a huge amount to do that (like 10-15k on top of the repairs).

bazz26 · 11-03-2019 04:36PM

Any eye witnesses, cctv or dash cam footage? Without any of these it's going to be difficult to prove your word over his and I'll bet the father will claim you crashed into him too.

ninjarambohd · 11-03-2019 04:38PM

bazz26 wrote: »

Any eye witnesses, cctv or dash cam footage? Without any of these it's going to be difficult to prove your word over his and I'll bet the father will claim you crashed into him too.

None of the above, but it's clear that she crashed into me and then drove to rhe right side of the road and parked up. I have photographs and all too.

bazz26 · 11-03-2019 04:40PM

Is herself behind the wheel of her car in any of the photos?

biko · 11-03-2019 04:41PM

Did you get the garda's name?
Did they tell you what happens next?

ninjarambohd · 11-03-2019 04:41PM

bazz26 wrote: »

Is herself behind the wheel in any of the photos?

No unfortunately.

ninjarambohd · 11-03-2019 04:42PM

biko wrote: »

Did you get the garda's name?
Did they tell you what happens next?

Yes to both question.

biko · 11-03-2019 04:44PM

So all you want to know is if there is some consequence for the girl running away?
Nothing else?

ninjarambohd · 11-03-2019 04:46PM

biko wrote: »

So all you want to know is if there is some consequence for the girl running away?
Nothing else?

Yes and what should I do now?

tcawley29 · 11-03-2019 04:49PM

ninjarambohd wrote: »

Yes and what should I do now?

Have you notified your own insurance company yet?

They must be notified

bazz26 · 11-03-2019 04:50PM

ninjarambohd wrote: »

No unfortunately.

Unfortunately actually proving the girl was driving the other car at the time of the accident is more difficult. I guess the most important thing for you is for the other driver's insurance company accept liability and repair your car. Given the father tried to persuade you into lying and then told her to flee the scene may result in them challenging liability which results in a drawn out battle with their insurance company. I hope it doesn't come to that.

Jmccoy1 · 11-03-2019 04:54PM

As the person above said, stick to your story and don’t under any circumstances give them an inch. If you’ve any injuries make sure you get a detailed medical report. If you’re intimidated in anyway by the other parties call the guards and press charges. Have faith, all will be good.

Odyssey 2005 · 11-03-2019 04:55PM

Write everything down today. Don't wait until your asked to make a statement. Every single thing that you can remember,weather,speed,width of the road,position of both cars both before and post impact,what was said between you and her and then you and her father. Print off all pics you have.
As advised don't change your story, don't exaggerate it or leave anything out. Its unlikely that they'll offer to fix your car as she fled the scene and likely has no insurance. The garda will have to prosecute her for both as you have already reported it(and rightly so). The MIBI should sort your vehicle out.

Squidgy Black · 11-03-2019 04:56PM

There's a couple of scenarios that could play out here.

1) The Garda deem there to be enough evidence and prosecute the driver for no insurance, and your claim with the MIBI goes through
2) The Garda go with their story of the fully licenced (and presumably insured) driver causing the crash, and their insurance paying out.
3) They go ahead with the story of the fully licenced driver being the one driving, and dispute the liability and try and say it wasn't their fault.

Hopefully it comes to the 2nd, would likely be the easiest and less drawn out route, but given the way the father acted it could be a long road ahead. Would definitely be reaching out to a solicitor if I was in your shoes.

tcawley29 · 11-03-2019 05:03PM

Also if she was accompanied by her father when she was driving why would she have called him after the accident. An important thing to take note of here OP

BettePorter · 11-03-2019 06:29PM

tcawley29 wrote: »

Also if she was accompanied by her father when she was driving why would she have called him after the accident. An important thing to take note of here OP

I'd assume the fathers story to cops is she was never there... I was the one driving. Prove I wasn't.

tcawley29 · 11-03-2019 06:36PM

BettePorter wrote: »

I'd assume the fathers story to cops is she was never there... I was the one driving. Prove I wasn't.

Thats not going to work as the OP said he got a picture of her at the scene.

BettePorter · 11-03-2019 06:53PM

tcawley29 wrote: »

BettePorter wrote: »

I'd assume the fathers story to cops is she was never there... I was the one driving. Prove I wasn't.

Thats not going to work as the OP said he got a picture of her at the scene.

Not in the car though...only at the scene or in the car that left.

Guard, I was coming from town with my sister and I rang my dad to see where he was (covers call she obviously made to da).....He said he'd just had an accident ...so we were close by and stopped off to see he was ok.

newmember2 · 11-03-2019 06:55PM

tcawley29 wrote: »

Thats not going to work as the OP said he got a picture of her at the scene.

All the photo shows is that she was present, not who was driving, although the guard would have to question what possible motive you could have for lying. There is a phone record of her calling her Dad although I'd doubt an RTA without any physical injuries would warrant much investigation by the gardai.

ted1 · 11-03-2019 06:57PM

Was their an insurance disc in the car? The fathers/ mothers policy may be active on the car

Wildly Boaring · 11-03-2019 07:03PM

ted1 wrote: »

Was their an insurance disc in the car? The fathers/ mothers policy may be active on the car

I'd read it that there is.

But

The driver was not named and not covered.

Nothing to add to the good advice already given OP.

Best of luck.

FDave · 11-03-2019 07:34PM

The OP has a pic of the girl at the scene and there is a high probability that the car is in her name or a parents. Either she will collaborate the op's story or unwittingly put her father at the scene. Either way i dont think it will be too hard for the garda to pin the blame on the other party.

ted1 · 11-03-2019 07:54PM

Wildly Boaring wrote: »

I'd read it that there is.

But

The driver was not named and not covered.

Nothing to add to the good advice already given OP.

Best of luck.

But it still should pay out to the third party and just not to the driver

11-03-2019 08:02PM

That the other driver fled the scene of the accident means any claims as to the Dad driving, their being an accompanying driver, or well...anything are completely undermined.

In that regard, the OP has nothing to worry about.

johndaman66 · 11-03-2019 08:39PM

ted1 wrote: »

Was their an insurance disc in the car? The fathers/ mothers policy may be active on the car

Wildly Boaring wrote: »

I'd read it that there is.

But

The driver was not named and not covered.

Where did you read that to be the case because I didn't? (I'm not saying that it was mentioned that there was no insurance disc on the car either).

OP, I hate to be the bearer of bad news but if it transpires that you are being compensated by the MIB don't expect anything near the cost of repairs/ market value of your car. Apparently it can be a lengthy and soul sapping experience too.

Early days for you yet but it may be a consideration to claim of your own insurance if you have comp cover and the damage is expensive. With some companies like AXA for example offer you will not loose your NCD if hit by an uninsured driver. You may have seen the AXA redline ad being plugged to the nth degree on the TV where the uninsured driver that hits them is driving off and the dope is staring at his body coloured bumper.

On a side note, on the basis of the fathers behaviour are we dealing with people from a certain ethnic group I'd hazard a guess?

Squidgy Black · 11-03-2019 08:44PM

johndaman66 wrote: »

Where did you read that to be the case because I didn't? (I'm not saying that it was mentioned that there was no insurance disc on the car either).

Assuming there was insurance and this was the reasoning behind the father trying to convince the OP to say it was the fully licensed driver who was driving, because they'd end up with a hefty fine and points for no insurance either way if there was no disc.

johndaman66 · 11-03-2019 08:59PM

Squidgy Black wrote: »

Assuming there was insurance and this was the reasoning behind the father trying to convince the OP to say it was the fully licensed driver who was driving, because they'd end up with a hefty fine and points for no insurance either way if there was no disc.

My understanding is that if you do not have an insurance disc displayed you have 10 days to present your insurance certificate at a Garda station. If you do present yourself at a Garda station with the insurance certificate within 10 days then you shouldn't expect to find yourself in any serious trouble. On the other hand not having insurance/ or not being insured to drive a car (as opposed to no insurance displayed) is a very very different offence. Please see link;
http://www.rsa.ie/en/RSA/Your-Vehicle/Your-Vehicle-/Road-Worthiness--Related-Offences/Insurance/

From past experience I've found that making assumptions can be a costly and dangerous game at times.

Squidgy Black · 11-03-2019 09:10PM

johndaman66 wrote: »

My understanding is that if you do not have an insurance disc displayed you have 10 days to present your insurance certificate at a Garda station. If you do present yourself at a Garda station with the insurance certificate within 10 days then you shouldn't expect to find yourself in any serious trouble. On the other hand not having insurance/ or not being insured to drive a car (as opposed to no insurance displayed) is a very very different offence. Please see link;
http://www.rsa.ie/en/RSA/Your-Vehicle/Your-Vehicle-/Road-Worthiness--Related-Offences/Insurance/

From past experience I've found that making assumptions can be a costly and dangerous game at times.

Yes it's a fine only for non-display of a disc. But they wouldn't have gone through the effort of trying to convince the OP to say it was someone else that was driving the car if both of them are not insured.

Look at it this way, if the Learner is found to be the one driving, they get done for driving without insurance and driving without an accompanying driver.

If they get away with the switch, the fully licensed would just get a claim through the insurance. If they're not insured they'll get points and a fine minimum for no insurance anyways. So it makes little sense to try swap the driver if neither of them had insurance.

Whether there was a disc in the window or not is a bit irrelevant to the OP's situation, it's more if they have a policy or not that he can claim against or have to go to MIBI.

I had a car accident

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