Thanks for your detailed reply onq,
#1.
I understand what you are saying, The problem I have with suing the Company is that I am not absolutely certain it was their van that hit me, from what I remember it looked similar but only that.
#2.
I have contacted a friend who works in the local Mercedes Dealer who going to check the model if any of GPS for me.
#3.
The accident occurred in a very rural area no cctv or filling stations for miles but the gardai have left no stone unturned to try and find proof the van was in the area but all has turned up nothing.
#4.
I think your exactly correct here, I think after been knocked for six I seen a van that was similar or resembled this companies van and now im starting to think I was wrong.
#5.
I know for a fact it was a Merc van, that is one thing I am absolutely positive about as I clearly seen the Merc Emblem on the radiator grill as it was striking my door, the witness was positive about it being a Merc van also, but their wasn’t enough paint on my vehicle to match it to paint code charts the body shop told me anyway.
#6.
Yes Iv had all the scans and x-rays done, I’m on pain killers and have been given a tens machine by the rehab and im attending physiotherapy twice a week ect. so im getting there I suppose !..
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The problem im having at the minute is that the MIBI are sort of saying I should be suing the company whose van I think it might have been, but have no proof only a suspicion, and not suing or seeking compensation from them ( The MIBI ).
It seems one of the rules they have is that a claimant struck by an untraced vehicle must show the MIBI that they have tried everything possible in their power to locate or trace the vehicle and driver involved, which is fine, I actually understand that and believe its only right,
but they seem to be taking the view that I have not done everything possible in my power to locate the vehicle which I think is crazy!.. What more can I do!!..
(1) I have contacted the Gardai after the accident happened,
(2) They searched the area for the van,
(3) They searched and enquired at local hotels, pubs and the quarry they work at.
(4) I also checked the local hotels myself.
(5) I also checked local garages and body shops to see if anyone had repaired the van, the gardai also did this.
(6) Both myself and the gardai contacted the company directly and they denied it was their van.
I just cant understand what more they think I should have or should be doing to trace the vehicle!..
My solicitor has now written to the MIBI and asked for them to clarify if they wish us to include this company in our case as a Co-Defendant but has informed them that if our case against this company fails, we will be seeking any costs awarded against me in turn from the MIBI as I guess my solicitor feels the case and costs against the company could be avoided if the MIBI accepted the claim, as we feel we have met their criteria in doing everything possible in our power to locate and trace the vehicle which struck me.
It just seems they don’t agree that we have but are not telling us what more exactly they believe we should be doing!..
Any Ideas how long a case would take to be heard in the Circuit Court?..