# RTA: why does he have to make a statement to the Guards two weeks later? and related.



## belinda45 (19 Oct 2009)

My brother was involved in a road traffic accident two weeks ago. 

The Gardai were called and when they surveyed the scene the Gardai said there was fault on both sides and to contact their own insurance companies. 

My brother was exiting off a side road and moving into a road on his left and when he made the turn and was straightening up a van approached on the road my brother had just entered and hit him on the drivers side of his car. Both roads are very narrow with no markings on either of them. 

My question is why has he to make a statement two weeks later?... and also can he write his own statement and bring it in and sign it there? 

This man would be of a very quiet nature and would not perform well under pressure of any kind. 

Can someone accompany him to the Garda Station when he is giving his statement?


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## truthseeker (19 Oct 2009)

*Re: Statement to Gardai*



belinda45 said:


> Can someone accompany him to the Garda Station when he is giving his statement.


 
Yes they can, and they can sit with him.
I dont think he can write his own statement and bring it in, in my (limited) experience I went with a friend who had to make a statement and she verbally spoke the statement while the Guard wrote it down.


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## Taslett (19 Oct 2009)

*Re: Statement to Gardai*

I was involved in an incident whilst bouncing a few years back and had to make a statement, I could not write at the time as I'd sustained injuries to fingers in the incident, my boss wrote what I said and supplied it to the station, I didn't think it was possible either but they accepted it without questions, worth doing it, if they don't accept it just go with him and let him read the statement to the Gardai.


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## rosemartin (19 Oct 2009)

*Re: Statement to Gardai*

there are certain staturory requirements that are required in a statement.  your brother can go with a prepared statement and it will be read over to him along with the legal declarations.T he chances are that it will not contain all the information that is required and it is best to dictate one and let the garda write it.  asfor 2 weeks later this is a very short time.  bear in mind that although this accident is very important to you this garda could be dealing with 10 to 20 other things all at the one time.  i accept what you say about your brother but really this is a minor rta and really there is no need to worry.  has your insurance company advised ye to make a statement.  because if there is any liability on your part they will not want that in a garda statement


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## belinda45 (19 Oct 2009)

*Re: Statement to Gardai*

do you know i dont think he even contacted his insurance company about the accident. His car had a wheel shaft broken and as it was an old car he bought another one and just changed the insurance. I could be wrong about that. Thanks everyone for all the help..


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## rosemartin (19 Oct 2009)

*Re: Statement to Gardai*

you need to check to find if the other driver is submitting a claim, did they have any injuries or will they be looking for repair of their car.  ask the garda is the statement for a prosecution or an insurance claim.  it looks as if you do not wish to pursue the matter so unless there will be a garda prosecution or the other person is making a claim there is no need to make a statement


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## Vanilla (19 Oct 2009)

*Re: Statement to Gardai*

1. He doesn't HAVE to make a statement.
2. Yes, he CAN write it out himself and bring it in to Garda Station where they will read it out for him and witness his signature or
3. He can get legal advice and ask his solicitor to draft the statement for him in which case the solicitor can witness his signature and send it to the Garda Station and he does not have to go there.
4. Yes of course he can be accompanied.


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## bond-007 (19 Oct 2009)

*Re: Statement to Gardai*

He would be advised not to make a statement without legal representation first. Certainly have a statement prepared in advance and do not deviate from it. 

There is no obligation on him to make a statement.


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## belinda45 (19 Oct 2009)

*Re: Statement to Gardai*

thanks all for the help. With the advice I got from everyone I got him to write a statement and I typed it up and just left a space for him to sign in the Garda Station. I just spoke to him very briefly and he said the Garda read the  statement back to him and wrote down what it said and told him a file would be going to the DPP. The other party are also coming in to give their statement. Many thanks for the advice all


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## ajapale (19 Oct 2009)

*Re: Statement to Gardai*

Moved from Askaboutlaw to  Cars & Motoring which is were traffic law is discussed.

Please read post in the correct forum/sub forum.


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