Been rear - ended, other party draging their heals!

Thanks RSK. (And yes, he called the Gardai and reported it as soon as they guy made the comment about denying liability. They came out to the scene and took statements. And made no comment about the fact that the other guy was driving a car/van and had a passenger in the back where there were no seats or seatbelts!)
 
I have heard of a few cases recently where the gardai have refused to come to the scene if nobody is hurt. They have been told to sort it out among themselves. This has never happened to me thankfully but what should someone do if it does happen? Are the gardai obliged to come to the scene? I have a camera in my car but if one party is totally at fault this seems unfair...
 
They are not obliged to attend afaik. They are also not adjudicators of the blame.

They are intereted if someone is hurt, or a civil or criminal action is possible, and also in getting the road cleared.
 
You are the injured party in this accident sun_sparks, if the insurance company is worth their salt - sounds like it if an assessor has been arranged - they'll settle your claim with the minimum of fuss and inconvenience to you. Their policy holder may be given the opportunity to repay the settlement figure to his insurance company (happens with QDI), which will essentially mean that the accident never happened and will have no impact on his policy.

If he wants to ba an asshole - let him. He was 100% liable for the accident unless you were reversing!!

As to the OP on this thread - ring yr man who hit you give him X amount of days to agree figures and give you/garage the cash and tell him in no uncertain terms that failure to comply will force you to go thru his insurance. If you phrase it right - he might just get his finger out. If not ring insurance company and explain the delay in reporting the accident and you should get settled without any hassles.
 
Just to wrap up my side of this thread. I was talking to my insurance company and said that it had been dragging on so long that i was going to go through their insurance company.She advised that out of courtesy that i inform the other party of my intention before i do so. Told them, and remarkably that woke them from their slumber!! Parts have been paid for and they deceided to go with original quote!!

One thing that i was wondering about tho. If a garda is called to the scene, does he/she have a duty to ensure the case is settled. Its now nearly 3 weeks and i've not heard a work from the garda. Is this normal?

Thats it folks! Stay safe.
 
An update on my case (with due apologies to bruno for hijacking his original thread!).

Insurance company have accepted the garage quote. They are waiting for the other party to return an acceptance of liability form. He has until 9 November to do this.

As a novice to this situation, what happens if, as was the case on the day, the guy doesn't accept the liability? Where do we stand? The insurance company have said that we can go ahead and get the work done and get the money after, but are we taking a risk by doing this??

Thanks for the help.
 
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