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Breach of Duties at a crash

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Comments

  • #32
    sophie1234
    Registered Users, Registered Users 2 Posts: 516 ✭✭✭sophie1234


    quick question my bf was in a crash last week after the crash he pulled into the nearest exit on the roundabout and had a look around no sign of the person he crashed into! then moved a bit further up the road because it was safe and rang the gaurds to report a hit and run! after a wait of nearly 40 mins the gaurds arrived and said oh the other person involved went straight to the gaurda station!!!!!!!!!!!!! surely thats breech of duties at an accendent! she reported it first as my bf fault (when it wasnt) and that he had driven away! (witch he didnt) he took the first nearist exit she tooked two ones after that and still didnt stop continued on to the guarda station! its hardly fair!


  • #33
    limklad
    Registered Users, Registered Users 2 Posts: 1,980 ✭✭✭limklad


    sean1141 wrote: »
    as far as i know for a small collision where no one appears injured and only light damage is done you can report it to a garda station but a garda dose not have to come to the scene..

    i would recommend this in case you come across some chancer like in that post above who tries to deny it was them.. also take a snap of the cars where they stopped. any brake marks (not often happens with abs now days) how close cars were to center of road/ditch and a snap of insurance disk with policy number clearly visible
    Gardai never have to call to any scene (injured or not) and the legislation provides for it.

    http://www.boards.ie/vbulletin/showpost.php?p=68621432&postcount=21

    The Gardai can investigate any accident afterwards as in the case of the Court case mention in the Limerick Leader this week.

    It is better to be safe than sorry and report the accident as soon as possible. You will never know who will try to scam your insurance with a whip lash injuries claim of people who were not there and leave you with bigger insurance to pay for years to come. Gather all details of all passengers and drivers no matter what the incident is and Take Photos. Most mobile phones have cameras, better still, have a good quality camera in the car for any potential accidents. and practice with the camera before you relise you pictures are no good.


  • #34
    limklad
    Registered Users, Registered Users 2 Posts: 1,980 ✭✭✭limklad


    sophie1234 wrote: »
    quick question my bf was in a crash last week after the crash he pulled into the nearest exit on the roundabout and had a look around no sign of the person he crashed into! then moved a bit further up the road because it was safe and rang the gaurds to report a hit and run! after a wait of nearly 40 mins the gaurds arrived and said oh the other person involved went straight to the gaurda station!!!!!!!!!!!!! surely thats breech of duties at an accendent! she reported it first as my bf fault (when it wasnt) and that he had driven away! (witch he didnt) he took the first nearist exit she tooked two ones after that and still didnt stop continued on to the guarda station! its hardly fair!
    Since both went to the gardai, it is up to the gardai to determine what happened as it is now an investigation. It is one person word against another. We should not discuss further unless it is with the gardai until it is over.

    Personally, I think both set are in trouble.


  • #35
    Zubeneschamali
    Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    sophie1234 wrote: »
    oh the other person involved went straight to the gaurda station!!!!!!!!!!!!! surely thats breech of duties at an accendent!

    Yes, it is.

    However, a woman driving alone might be worried about getting into it with a man at the scene of an accident, depending on the time and location, and personally, I wouldn't blame them.


  • #36
    sophie1234
    Registered Users, Registered Users 2 Posts: 516 ✭✭✭sophie1234


    Zubeneschamali wrote: »
    Yes, it is.

    However, a woman driving alone might be worried about getting into it with a man at the scene of an accident, depending on the time and location, and personally, I wouldn't blame them.


    but to say he drove off and that she wasnt at fault? luckly the time he rang and she arrived at the guarda station was linked! but it was a busy enough area in light that she could of stopped! id understand if it was the middle of nowhere and pitch dark!


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  • #37
    meathstevie
    Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    sophie1234 wrote: »
    quick question my bf was in a crash last week after the crash he pulled into the nearest exit on the roundabout and had a look around no sign of the person he crashed into! then moved a bit further up the road because it was safe and rang the gaurds to report a hit and run! after a wait of nearly 40 mins the gaurds arrived and said oh the other person involved went straight to the gaurda station!!!!!!!!!!!!! surely thats breech of duties at an accendent! she reported it first as my bf fault (when it wasnt) and that he had driven away! (witch he didnt) he took the first nearist exit she tooked two ones after that and still didnt stop continued on to the guarda station! its hardly fair!

    Sophie, it's hard to say anything about an individual case without knowing the facts of the matter but in general I'd dare say the following.

    What someone tells Gardai or Police ( to atribute liability for damages ) is not the sole source of information once a Garda or Police investigation is conducted because as a rule a collision investigation will take all angles into consideration ( all involved parties account of events, road layout, road markings, road signs, vehicle inspections in case of very serious collisions etc ). You could argue white all day but when the facts of the matter point out it's actually black than black it is.

    Insurance companies get investigation reports from the Gardai or Police and will mainly base their decissions on those reports when the matter is settled out of court. If a matter goes to court ( accident damage cases are civil cases, balance of probability ) the judge will base his decission primarily on witness statements and the accident reports.

    Driving offences that could have contributed to the accident happening will be prosecuted in the criminal justice system ( beyond all reasonable doubt ) so it's perfectly possible that the civil court puts the blame for the accident squarly with one party and makes them liable to pay compensation while the criminal court finds the same party not guilty of for example dangerous driving because the available evidence is just not strong enough.


  • #38
    meathstevie
    Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    Zubeneschamali wrote: »
    Yes, it is.

    However, a woman driving alone might be worried about getting into it with a man at the scene of an accident, depending on the time and location, and personally, I wouldn't blame them.

    And what's wrong with locking your doors, make a phonecall and speak to the other party through a slightly opened car window ? You'll quickly find out whether someone is aggressive or not. I'm a women and he's a man is about the lamest excuse ever for not speaking to another party involved in a collision.


  • #39
    sophie1234
    Registered Users, Registered Users 2 Posts: 516 ✭✭✭sophie1234


    meathstevie wrote: »
    Sophie, it's hard to say anything about an individual case without knowing the facts of the matter but in general I'd dare say the following.

    What someone tells Gardai or Police ( to atribute liability for damages ) is not the sole source of information once a Garda or Police investigation is conducted because as a rule a collision investigation will take all angles into consideration ( all involved parties account of events, road layout, road markings, road signs, vehicle inspections in case of very serious collisions etc ). You could argue white all day but when the facts of the matter point out it's actually black than black it is.

    Insurance companies get investigation reports from the Gardai or Police and will mainly base their decissions on those reports when the matter is settled out of court. If a matter goes to court ( accident damage cases are civil cases, balance of probability ) the judge will base his decission primarily on witness statements and the accident reports.

    Driving offences that could have contributed to the accident happening will be prosecuted in the criminal justice system ( beyond all reasonable doubt ) so it's perfectly possible that the civil court puts the blame for the accident squarly with one party and makes them liable to pay compensation while the criminal court finds the same party not guilty of for example dangerous driving because the available evidence is just not strong enough.

    oh yes i understand and no all that but what makes me so annoyed is that she keeps qouteing that he drove off everytime anythings said when infact he didnt she did! the insurnace company are being diffacult as there both insured with the same person! and the same person took both there calls! she hasnt contacted the guardi in relation to this and the insurance company arnt listening to the fact that he rang the gaurds from the scene where she drove straight to the guarda station! without knowing any of the right termanolgy to use with the insurance company (she has hers to a t) were not sure what way to phrase it so they listen!


  • #40
    meathstevie
    Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    professore wrote: »
    I'm sorry but you are living in fantasy land. I have seen so many cases of people getting screwed over.

    One example was my Dad who was on a narrow bridge when a neighbour in an SUV came from the other side, saw my Dad too late, and swerved and hit the ditch, causing damage to his precious vehicle. He was completely at fault and THERE WAS NO CONTACT AT ALL with my Dad's car. He begged my Dad not to say anything to the Gardai as he was a young guy and said his insurance would be sky high. My Dad agreed, since technically he was not involved the accident in the first place. About an hour later he got a call from the Gardai saying an accident had been reported and since there were no witnesses, the costs would be shared "50/50" i.e. my Dad would pay 50% of his costs (€ 3 K) :eek: and he would pay 50% of my Dad's costs (i.e. € 0). So for his good nature my Dad ended up paying this prick 1500 euro.

    Gardai and Police can say all they like but at the end of the day damages are ultimately settled in civil courts and guilt or innocence for offences decided by criminal courts. The role of the Gardai and the Police is to investigate and hand over the evidence for the courts to decide.


  • #41
    meathstevie
    Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    sophie1234 wrote: »
    oh yes i understand and no all that but what makes me so annoyed is that she keeps qouteing that he drove off everytime anythings said when infact he didnt she did! the insurnace company are being diffacult as there both insured with the same person! and the same person took both there calls! she hasnt contacted the guardi in relation to this and the insurance company arnt listening to the fact that he rang the gaurds from the scene where she drove straight to the guarda station! without knowing any of the right termanolgy to use with the insurance company (she has hers to a t) were not sure what way to phrase it so they listen!

    Sophie, I could spout accident investigation jargon here all day but I find that plain english works a lot better. If your boyfriend rang the Gardai straightaway there should be a call logged if he rang the emergency number and if he didn't the call log on his own phone should show a date, time and number and ultimately it can be verified what mast picked up his call when he made it.


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  • #42
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    professore wrote: »
    I'm sorry but you are living in fantasy land. I have seen so many cases of people getting screwed over.

    One example was my Dad who was on a narrow bridge when a neighbour in an SUV came from the other side, saw my Dad too late, and swerved and hit the ditch, causing damage to his precious vehicle. He was completely at fault and THERE WAS NO CONTACT AT ALL with my Dad's car. He begged my Dad not to say anything to the Gardai as he was a young guy and said his insurance would be sky high. My Dad agreed, since technically he was not involved the accident in the first place. About an hour later he got a call from the Gardai saying an accident had been reported and since there were no witnesses, the costs would be shared "50/50" i.e. my Dad would pay 50% of his costs (€ 3 K) :eek: and he would pay 50% of my Dad's costs (i.e. € 0). So for his good nature my Dad ended up paying this prick 1500 euro.

    Gardaí cannot make that kind of decision on costs.


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