Car crash - details

Hi all

My car was involved in a crash last Sunday.
The car was parked in pub car park.
Nobody was in my car.
A car crashed into my car.
Guards witness the accident and the first I learned of accident was when guards arrived at my home.
The phone number the person gave the guards is switched off since Sunday or possibly longer.

The guard supposedly took the drivers details but cannot/won’t give me the details for some reason.
I’ve being chasing the guard now for the details for 4 days (with todays call too station too find out he is gone on leave ).

My question is - is there any time limit on making a claim on the drivers insurance ?

As your supposed too notify your insurance if involved in an accident straight away ??

Any advise would be great
Thanks

Best to notify your insurance company now for your peace of mind. Let the insurance company deal with both the T.P. and the gardai because after all that's what you have insurance for.

The gardai are probably not allowed to give you the details because of GDPR.

Sue - I have notified my insurance and I explained I would be going true the TP insurance,but would my insurance chase the guard for the details of the TP ? Or is that up too me ? (Btw fully comp insurance but I don’t want too claim of mine ).

Any chance it was the guard that crashed in to your car?

Contact the pub for any CCTV overlooking the car-park. Tell the Guards you don't want the driver's details, just his reg no.

DazedInPontoon said:

Any chance it was the guard that crashed in to your car?

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A friend did mention this but I’ve no idea.

mathepac said:

Contact the pub for any CCTV overlooking the car-park. Tell the Guards you don't want the driver's details, just his reg no.

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Still GDPR issues. He'd have to put in a DAR and if the pub didnt want to get in trouble they'd have to blur out anything that relates to other parties besides the OP.

I had a similar issue a few years ago when a lorry hit me. Drivers employer refused to engage and was always "in a meeting" when I tried to contact him. My insurance company got on to him and then his insurers and sorted it.

mathepac said:

Contact the pub for any CCTV overlooking the car-park. Tell the Guards you don't want the driver's details, just his reg no.

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I think I’d still need the drivers insurance company’s name and there policy number too proceed with a claim,not just a reg number

Try talk to the Garda again and say the other party is refusing to share details your insurance company requires. The Garda might call and encourage them to do so.

Leo said:

Try talk to the Garda again and say the other party is refusing to share details your insurance company requires. The Garda might call and encourage them to do so.

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Leo - the guard can’t/won’t pass me on his details for some reason.

Pinoy adventure said:

Leo - the guard can’t/won’t pass me on his details for some reason.

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You still need to notify the incident to your insurer, and urgently at this stage. Let them chase the Garda.

Pinoy adventure said:

Leo - the guard can’t/won’t pass me on his details for some reason.

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Yeah, they can't, but they can call the other party and remind them of their legal obligations.

As Tommy suggests, you may need to let your insurer chase this one. Even if you do manage to get the other party's insurance details, it's likely that their insurer will just stone wall you too unless the other party is willing to tell them they were 100% at fault. If your insurers fully recover from the other party you may be able to keep your NCB intact.

Having just spoken with my insurance they insist the third party has 10 days too produce there insurance policy (citizen info has 7days).
They also told me I can go true my own insurance and they will chase the guard for the details and the third party for the payment and I’d get refunded but I really don’t too go true my own policy as it will effect my own insurance in the years too come.

Pinoy,

You are putting yourself through an awful lot of unnecessary stress.

Your car was parked and the TP was witnessed crashing into your car by two gardai so hopefully no better witnesses. You are not at fault here. The only way that the insurance company can sort it out for the moment is to deal with your policy and then pursue the TP's insurance company.

If it puts your mind at rest write a letter to the insurance company confirming the details that you already notified them of and that you do not want your NCB affected. Emphasise that you are no way at fault and that the T.P. is not responding to you in any way and that you would like them to sort it with the gardai.

Your renewal this year may be held back but when the claim is settled that can be sorted with the insurance company.

Pinoy is correct to be worried. I had someone reverse out of their drive, across a busy road and crash into the side of my parked car. It took about 4 years to sort out. I made the mistake of claiming on my insurance with full NCB protection etc. The insurance company did not want to use my garage, as quote was too expensive. Had to use their garage, which quoted over 1,000 more than mine, but it kept the insurance company happy. Their garage failed to order all the parts, so took an extra day to fix the car. All was well, or so I thought. The following year the missing part and the extra days replacement car appeared as a claim on the insurance renewal. Rang up to complain, got it fixed. It reappeared the next year, so made formal complaint and got it fixed. Needless to say it appeared the next year. So made a formal complaint about the compedance of their complaint team, pointing out I now had documented proof of their breach of the data protection acts and looking to deal higher up. That got action out of them and they managed to correct their systems permanently.

Just a little update and after 8 consecutive days chasing the guard who witnessed the accident I today spoke with his sergeant who told me the correct procedure which is

I’ve too contact a superintendent in the division’s headquarters (which is in another station )in writing in get him seek approval from the super so that the guard can release the details too me.

The superintendent has too say it’s ok that the guard can give me the details.

There might be a problem here if the Gardai are interpreting the car park as not being a public place.
If it is not a public place some requirements do not apply that would otherwise apply if it was a public place.
A debatable point, but I think they may be wrong as the definition of the "public place" concept is broad !

In OP's position I would ring GSOC, on an informal basis, explain that I am being put through hoops by Gardai who will not give me information necessary to pursue a "civil remedy" against a negligent motorist and ask if they could give me guidance on what to do to get it.
I suspect the answer will be that they [Gardai] are simply following garda regulations and will only give the information to OP's insurers !

What would annoy me here is that the Gardai are effectively forcing OP to claim under his motor insurance when he should be entitled to pursue the claim directly against the other party if they could be identified. Grrrrrr...............

OP needs the following ;

1. The registration number of the vehicle that caused the damage,
2. The name and address of the owner of the vehicle in question,
3. The name and address of the driver of the vehicle, if different and
4. Particulars of the motor insurance of the offending vehicle.

It might be amusing if it does turn out to be an ofeeeshal vee hickle.

P.S. Public place = https://www.irishstatutebook.ie/eli/1994/act/7/section/49/enacted/en/html

public place’ means— (a) any public road, and b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;”;