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Does anyone know the process for your car after an accident

  • 24-08-2024 06:58AM
    #1
    Posts: 883 ✭✭✭ [Deleted User]


    Please move if in wrong place.

    I'm asking for my son in law. He had a small accident, rear passenger not wearing a belt, went over a bump in the road. Passenger hurt back.

    Guards had asked for his car, have it two weeks, now insurance company want it. All for tests.

    Is this normal?

    Post edited by Boards.ie: Mike on


«1345678

Comments

  • Registered Users, Registered Users 2 Posts: 5,237 ✭✭✭FishOnABike


    Going over a bump in the road doesn't sound like an accident or road traffic collision as they are more properly called.

    Can you give amore complete description of the incident and the damage to the car.

    The whole story doesn't add up for simply going over a bump in the road.



  • Registered Users, Registered Users 2 Posts: 3,835 ✭✭✭beachhead


    Definitely more details required to help.

    Going over a bump(speed ramp)at speed and hitting something?

    The injury to your passenger must be a seperate issue.



  • Registered Users, Registered Users 2 Posts: 89 ✭✭paul321123


    Just to add, if the passenger was over 18 they are responsible for wearing a seat belt not the driver, I would say the guards would have something to say about that



  • Registered Users, Registered Users 2 Posts: 13,029 ✭✭✭✭Jim_Hodge


    Why on earth have the guards got his car at all, let alone for two weeks, if a passenger was hurt going over a speed bump? I think your son-in-law is not giving you the full story.

    Post edited by Jim_Hodge on


  • Registered Users, Registered Users 2 Posts: 2,288 ✭✭✭kabakuyu


    Were they in a stolen car?



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  • Registered Users, Registered Users 2, Paid Member Posts: 19,327 ✭✭✭✭elperello




  • Registered Users, Registered Users 2 Posts: 1,052 ✭✭✭SchrodingersCat


    Typically after the incident occurs, the injured passenger contacts the drivers insurance company and hands the case over to their solicitor to dialogue with the company. The insurance company will send out an engineering to analyse the accident at a place convenient for the driver. They will take a statement from the driver and the person making the claim.

    What seems strange in your story is why the gardai are involved, and why the car was impounded by both the gardai and the insurance company? It sounds like something fishy happened.



  • Registered Users, Registered Users 2 Posts: 51,877 ✭✭✭✭bazz26


    So many holes in this story it's impossible to give any sort of proper answer. AGS and insurance companies don't just take your car for going over a bump in the road. There is a lot more to this than being said.



  • Posts: 883 ✭✭✭ [Deleted User]


    Hi

    No holes in the story.

    Car was fully insured and road legal.

    Passenger is 19. Was told to wear seatbelt and didn't, son in law was going home because of it.

    Car was going 65 in an 80 zone on back roads. Hit a bump and banged into the ground. Rear passenger with no belt said her back was sore after it. Brought to hospital and kept for test. Her parents reported it to the guards the next day



  • Registered Users, Registered Users 2 Posts: 23,998 ✭✭✭✭mickdw


    So why have the gardai got the car?



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  • Registered Users, Registered Users 2, Paid Member Posts: 19,327 ✭✭✭✭elperello


    It seems that the best thing you can do is advise the owner of the car to make an appointment to speak to the member of AGS who is dealing with the case.

    If this meeting doesn't provide the answers he needs then consult a solicitor.



  • Registered Users, Registered Users 2 Posts: 11,137 ✭✭✭✭28064212


    What crime are the guards claiming was committed? If the injured party are bringing a personal injury case, that's a civil action, the guards have nothing (and will have nothing) to do with it.

    Was it reported as dangerous and/or drunken driving? That would explain the involvement of the guards, but wouldn't explain why they would confiscate the car.

    There's only two scenarios I can think of that would involve the guards taking the car:

    • The injury was claimed to have been caused by the car not being roadworthy
    • The car was deemed to be the scene of an alleged crime - assault, false imprisonment…

    In either case, the guards would have provided those details at the time of seizure.

    The story does not add up.

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  • Registered Users, Registered Users 2 Posts: 1,551 ✭✭✭csirl


    Did the driver have a full license (as opposed to a learner permit)?

    The incident as described does not appear to be a criminal matter, so there is some other reason why the car was seized.



  • Registered Users, Registered Users 2 Posts: 13,029 ✭✭✭✭Jim_Hodge


    Why was the car taken? Personal injuries are a civil matter. There was nothing in that story to require the Gardaí at all and certainly nothing that the Gardaí would want to seize the car for. There's a huge chunk missing from his story.



  • Posts: 4,333 ✭✭✭ Abram Bald Steamroller


    Your son in law is lying to you, there is no reason for the Gardai to have this car.



  • Posts: 883 ✭✭✭ [Deleted User]


    That's why I am asking here.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 55,566 CMod ✭✭✭✭magicbastarder


    an adult - as the 19 year old is in this case - is legally responsible for their own seatbelt usage. the driver is only legally responsible to ensure those under 17 are belted.

    so if there is any legal comeback in relation to this (and i am dubious about what is being reported), the 19 year old woman is the one who has failed in her legal duty and i suspect any insurance company would refuse to play ball with a claim.



  • Posts: 883 ✭✭✭ [Deleted User]


    Just to all who are saying there is missing story.

    No, as far as we are aware there is nothing untoward.

    Driver is a 20 year old male, full license. My daughter ( his GF ) was the front seat passenger, her friend was the rear seat passenger, who didn't wear a seatbelt.

    She has said numerous times they were not speeding, she had her phone in her hands as she was using satnav to plot a route home.

    They don't smoke, and they came home right after dropping her to the hospital and I spoke to them, no drink, and to be fair he is a responsible driver.

    I don't know why the guards want the car, the only reason we were given was they look it over to make sure it's road worthy.



  • Site Banned Posts: 1,258 ✭✭✭Whocare


    It obvious I bet car had Modified Suspension and garda seize it now will be check Suspension travel ect owner of car will be left with massive bill went there insurance payout injured party and claim costs back from driver/owner as insurance company insuranced standed car not A modified one (that Assuming he didn't tell them aftermarket Suspension)

    And on side note my car doesn’t move till everyone put there seatbelts on as passenger without seatbelt on in crash is like a missile in car to other passengers



  • Posts: 883 ✭✭✭ [Deleted User]


    And just to be clear, car wasn't seized.

    The guards have the car as they asked for it, it was voluntary given to them.

    Same as voluntary statement etc



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  • Registered Users, Registered Users 2 Posts: 15,322 ✭✭✭✭callaway92


    Jesus your son-in-law is an angel

    Started driving home because the passenger refused to wear their seatbelt? Just unluckily then hit a bad bump that caused an injury and the big bad gardai took the car?



  • Site Banned Posts: 1,258 ✭✭✭Whocare




  • Registered Users, Registered Users 2 Posts: 480 ✭✭Ted222


    The Gardai wouldn’t take without having a reason that they would have given the owner.

    Nobody just hands over their car without knowing why. The owner knows more than he’s telling



  • Site Banned Posts: 1,258 ✭✭✭Whocare




  • Posts: 883 ✭✭✭ [Deleted User]


    She took it off after having it on. She was told to put it on, did, took it off again.

    It's why they were heading home



  • Posts: 883 ✭✭✭ [Deleted User]


    Is that sarcasm?

    I doubt he is an angel but I have to go with what he and my daughter have said.

    Could very well be lying, but don't see his advantage to lie to us.



  • Site Banned Posts: 1,258 ✭✭✭Whocare




  • Registered Users, Registered Users 2 Posts: 13,029 ✭✭✭✭Jim_Hodge


    All irrelevant. Why did they want his car? He knows.



  • Posts: 883 ✭✭✭ [Deleted User]


    No.

    He works as a mechanic but has nothing modified.

    Had tints but took them off as the NCT centre said they were illegal,so he did



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  • Site Banned Posts: 1,258 ✭✭✭Whocare


    If car was Standard roadworthy there nothing to worry about just leave insurance deal with it



This discussion has been closed.
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