witness to m50 crash on monday night

dragonlady

hiya, Anybody happen to see the crash on the m50 on monday night at approx 8pm, In northbound lane, between red cow exit and lucan exit.
we were the couple trapped in the red bmw on the central reservation. would especially love to find driver of silver vectra who stopped to help.

Jimbob 83

Glad you got out safe

dragonlady

Thank you, was not a nice experience.
garda giving me the run around, not giving me 3rd party details, despite the fact they were 100% at fault. not giving details to axa either..... I cant understand this at all. I have only ever had minor tips before, in about 30 yrs driving. But this was a serious one. car a write off, and we both black and blue, unable to move. Have no transport, but couldnt drive even if we had.
Anyone know what is the legal procedure for a guard to perform at the scene. All they asked us was name and address, my partner who was driving, actually asked to be breathalised.
But we dont know if they done the same on the chap that hit us. no details were exchanged, there was witnesses, and I can only assume they gave statement. But since Guard refuses to give me any information, Im stressing,
I just cant understand it. Thing Im thinking now, is that it was a guard who ran into me,
any ideas, where i should go from here.

robbie_998

Tell you insurance company EVERYTHING.

Every last thing you have and everything that happened in the crash etc and let them handle it

If you have the gardai details too that would help or the station looking after it.

Glad your both ok

Anan1

dragonlady wrote: »

Thank you, was not a nice experience.
garda giving me the run around, not giving me 3rd party details, despite the fact they were 100% at fault. not giving details to axa either.....

Is the Garda not obliged to pass these on?

MugMugs

Anan1 wrote: »

dragonlady wrote: »

Thank you, was not a nice experience.
garda giving me the run around, not giving me 3rd party details, despite the fact they were 100% at fault. not giving details to axa either.....

Is the Garda not obliged to pass these on?

There's an obligation under the RTA but AFAIK The Gardai can retain and not disclose under certain circumstances.

cruizer101

Surely the guard has to pass on the insurance details seem as though if guards wern't called this would have to be done anyway.
If the guard seemed to me to be giving the run around I'd go higher up to the sergeant or that.

MugMugs

cruizer101 wrote: »

Surely the guard has to pass on the insurance details seem as though if guards wern't called this would have to be done anyway.
If the guard seemed to me to be giving the run around I'd go higher up to the sergeant or that.

The insurer generally writes to the Superintendent requesting their report on the matter. That can be time consuming.

Johntegr

Contact the Ombudsman I would have thought? If you're badly injured you need to get the ball rolling now. Regardless of fault, your insurance company needs the other parties details. That's disgraceful that they haven't forwarded you even a name and policy number IMO.

Did you manage to get a reg or the likes? Something to go on will be better than nothing for your insurance company.

TBH I'd get on to a solicitor first thing Monday morning. I know when I was with Axa I had an extension on my policy of €15 extra a year for legal aid up to €100,000 so you can use this if you have it.

dragonlady

Thats great lads, I had always assumed insurance details should be exchanged between the two parties. As we were trapped in the car on the central reservation, Until the fire chief arrived, nobody could get near us, the other chap was seen to first, and taken off in an ambulance.
the firecrew were brilliant and i came out on a spinal board.
as it stands, we have no transport, guard concerned not telling me anything, not telling my insurer anything.
its looking as if i will have to contact a solicitor next week.
i thought they were obliged to breathalise at the scene, or follow to hospital and do so.

johnos1984

If I'm not mistaken the cars would have been towed by Kelly recovery. Might be worth a shot calling down to their yard to get stuff from your car. You never know, you may even spot the car that hit you.............

antodeco

Firstly make sure you have advised the insurance company all of the above. They will file a report to the Gardai for the information. A crash like this would be imputed onto pulse, so once your insurance company provides the details, they can bring up all of the other information.

Secondly, as pointed out above, find out if you have legal aid. I'm going through a similar process, and everything is covered by my legal aid.

Thirdly, and most importantly, don't stress. Let yourself recover first before getting worked up over it. It only happened on Monday. My OH crash took 9 years to be resolved, even with CCTV showing her car rolling three times and skidding 100 metres.

Del2005

Why are people advising the OP to contact anyone other than their insurance company? That's part of the reason you pay them money every year, to sort out these issues.

The other driver may not have insurance or there could be other reasons why you aren't getting the details from the Guard.

Just contact your insurance company and let them deal with the stress, you've had enough stress. The crash happened on a road with quality CCTV and the Emergency services responded. The other drivers details can't be made disappear, there's too many agencies involved for a cover up.

dragonlady

thanks for all the advice, i think we will just sit tight and see what happens, with it being easter and all..... would still love to find anyone who witnessed the crash......thanks again everyone.

McCrack

Del2005 wrote: »

Why are people advising the OP to contact anyone other than their insurance company? That's part of the reason you pay them money every year, to sort out these issues.

The other driver may not have insurance or there could be other reasons why you aren't getting the details from the Guard.

Just contact your insurance company and let them deal with the stress, you've had enough stress. The crash happened on a road with quality CCTV and the Emergency services responded. The other drivers details can't be made disappear, there's too many agencies involved for a cover up.

Because an insurance company is unable to get the OP compensation for personal injuries suffered. A solicitor can.

Del2005

McCrack wrote: »

Because an insurance company is unable to get the OP compensation for personal injuries suffered. A solicitor can.

The insurance company will appoint a solicitor and they have up to 5 or 6 years to claim for personal injury. Why get into this now when they don't even know who or what they will be claiming against.

Yes if they start getting the run around get in contact with a solicitor. But at this moment in time to need to sort themselves out and their transport not worry about compensation, which they will eventually get but not any time soon no mater how many solicitors you pay.

NamelessPhil

Del2005 wrote: »

The insurance company will appoint a solicitor and they have up to 5 or 6 years to claim for personal injury. Why get into this now when they don't even know who or what they will be claiming against.

The part in bold above is wrong. You only have two years to claim for personal injury.

galwaytt

Del2005 wrote: »

Why are people advising the OP to contact anyone other than their insurance company? That's part of the reason you pay them money every year, to sort out these issues.

....because the insurance companies first responsibility is to themselves. Their exposure. Their money.

Why do you think they want people to surrender all legal control to them,to settle on your behalf ?

If OP is up to it, a little research is always a good idea.

McCrack

Del2005 wrote: »

The insurance company will appoint a solicitor and they have up to 5 or 6 years to claim for personal injury. Why get into this now when they don't even know who or what they will be claiming against.

Yes if they start getting the run around get in contact with a solicitor. But at this moment in time to need to sort themselves out and their transport not worry about compensation, which they will eventually get but not any time soon no mater how many solicitors you pay.

No as has been said the statute of limitations for personal injury is two years from the date of accident to get an application into the Injuries Board.

The OP insurer will only ever appoint solicitors if they are defending a claim that another person is making against their insured (the OP).

If the OP themselves wishes to make a claim for personal injury compensation they will need to instruct their own solicitor and assuming they are not at fault for the accident their legal costs will be met by the other side.

kennM

Hey DragonLady,

First things first... don't panic.

McCrack is spot on in what he says.

Priority number 1 is your health! Ensure you are taking all the appropriate action to ensure you get back to 100%... hope nobody seriously hurt and injured?

If liability is not disputed then it should be reasonably straight forward, although time consuming. There is probably a good chance his insurance company will settle on material damages (i.e. car damages, etc) separately to personal injuries (assuming you want to claim compensation for personal injury, which you are perfectly entitled to if genuinely injured..... you get people who look down on this but you shouldn't have to go through pain and suffering unnecessarily).

It is an unfair process... i.e. the person who got hit generally has more headaches than the other person! or at least I've found it that way.

You have 2 years from the date of the accident to file a claim for compensation with the Injuries Board. This can be done directly by yourself or channel this through a solicitor.... there are arguments both ways. DO NOT RUSH INTO SETTLING ON PERSONAL INJURIES..... it can take time for long term effects of injuries to emerge and you have one settlement and thats it. Speaking from personal experience here.... doctors assumed certain injuries would recover 100% and they sure as hell didn't.

Hope this helps...