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Motorbike accident and claims

  • 05-03-2023 10:05PM
    #1
    Registered Users, Registered Users 2 Posts: 1



    Hi everybody

    I need an advice on how to proceed after a road accident.

    I was riding my bike on the way to work that day back in September and a guy in a car broke the red light at a busy intersection. I smashed into his side and was thrown off the bike for some 10m. The bike was completely destroyed while I got off with relatively minor injuries which was a miracle considering the severity of the impact. The other driver immediately approached me and apologized saying “it was my fault”, as I claim it was. Several witnesses on the spot confirmed that version of events. The Guards attended the scene and did, what I thought at the time was, a proper job of collecting statements and evidence from the scene. I exchanged contact and insurance details with the other driver.

    However, few weeks later I got in touch with the other guy’s insurance intending to claim damages for my motorbike only to find that the guy now claims it was all my fault and the whole case was awaiting the full Garda report. That has taken forever and countless calls to Terenure Garda station only to be told last week that, 6 months after the accident, no report has been compiled, no witnesses or camera footage could be located and the whole thing is now “my word against his”.

    It looks like I’m getting hard end of a stick here and I’m desperate, to be honest.  My bike is gone and it looks increasingly likely I’m going to see no compensation whatsoever. I cannot claim against my insurance as it was only 3rd party. Garda really did a poor job there :(

    Could you advise me as to the best course of action, given the circumstances? Should I go to one if those “no win, no fee” places and sue somebody? Is there grounds for suing anybody? Can I complain against Garda and what I see as a poor ground work by them?

    Tnx for your time...



Comments

  • Registered Users, Registered Users 2 Posts: 2,586 ✭✭✭newmember2


    Did you take photos of the position of the vehicles after the collision? I'd imagine if your own insurance company is doing nothing then you'd possibly need the advice of a solicitor.



  • Registered Users, Registered Users 2, Paid Member Posts: 1,651 ✭✭✭BaronVon


    Your insurance company should be taking the proceedings against the other driver's insurance company. It should not be you initiating the claim. Are your insurance company aware of the accident? Has the damage to your bike been assessed? Has the damage to his car been assessed?

    The Guards policy is to investigate accidents where someone is injured, or if an offence is alleged to have occurred. That involves taking written statements from all the drivers & witnesses involved. If that wasn't done, then you should be making a complaint because they didn't do their job.

    Either way, it won't really boil down to your word against his, as the nature of damage to your vehicles tells a very big story. But you need to get your insurance company to do the work you pay them for......



  • Registered Users, Registered Users 2 Posts: 1,964 ✭✭✭goblin59


    im going to shoot you a PM.

    I had a similar enough case.



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