RTA 2016 Looking for witnesses

Alex1991

I was involved in an accident, A car run me of the road on my bike. There are issues with the claim and I am looking for witnesses, as there were a few and they even proposed their help but I was in to much pain.

It happened on the 28th of August 2016 on Navan road city bound Just before Ashtown round about. apx 12pm
Black Mercedes Benz Missed its exit and swing across from right lane through 2 double lines and perpendicularly across the bus lane to get to the exit. I was riding a red ducatti motorcycle.
If anyone has any ideas on how to locate those present there on that day I would be grateful

NUTLEY BOY

Alex1991 wrote: »

I was involved in an accident, A car run me of the road on my bike. There are issues with the claim and I am looking for witnesses, as there were a few and they even proposed their help but I was in to much pain.

It happened on the 28th of August 2016 on Navan road city bound Just before Ashtown round about. apx 12pm
Black Mercedes Benz Missed its exit and swing across from right lane through 2 double lines and perpendicularly across the bus lane to get to the exit. I was riding a red ducatti motorcycle.
If anyone has any ideas on how to locate those present there on that day I would be grateful

The starting point for this is the Gardaí. They may have statements from witnesses or the identities of witnesses who did not make statements.

If you have retained a solicitor they will know exactly how to deal with this.

Alex1991

NUTLEY BOY wrote: »

The starting point for this is the Gardaí. They may have statements from witnesses or the identities of witnesses who did not make statements.

If you have retained a solicitor they will know exactly how to deal with this.

We have already contacted the Gardai but they didn't take any names... for whatever reason

NUTLEY BOY

Alex1991 wrote: »

We have already contacted the Gardai but they didn't take any names... for whatever reason

In these circumstances you are now left with no identifiable potential defendants(s) to sue.

It seems that your only option will be to apply to the MIBI under the unidentified vehicles option. Link https://www.mibi.ie/making-a-claim/uninsured-unidentified-vehicles.421.html

Mr. Incognito

Do you have a solicitor?

If it was over two years ago you are outside the statute of limitations to bring a claim.

If you have a solicitor they should be able to assist

Eggs For Dinner

Mr. Incognito wrote: »

Do you have a solicitor?

If it was over two years ago you are outside the statute of limitations to bring a claim.

If you have a solicitor they should be able to assist

It is 6 years to bring a claim for property damage

Mr. Incognito

Eggs For Dinner wrote: »

It is 6 years to bring a claim for property damage

If someone got cleaned off a Motorbike by a car I doubt the claim is limited to the cost of repairing the bike.

Peregrinus

Reading the OP the claim has already been brought and presumably is not statute-barred, and (obviously) there is an identified defendant. He's looking for witnesses to the incident, but neither he nor the guards noted the names of any witnesses.

As Nutley Boy says, I'm afraid that pretty much puts the kibosh on it. You can advertise for witnesses and hope they come forward but, really, more than two years later, that's a very, very long shot.

Eggs For Dinner

Mr. Incognito wrote: »

If someone got cleaned off a Motorbike by a car I doubt the claim is limited to the cost of repairing the bike.

I'm well aware of that, but even if the injury claim is statute barred, it doesn't prevent him for taking an action on his property so a blanket statement saying it is, was incorrect

4ensic15

Eggs For Dinner wrote: »

I'm well aware of that, but even if the injury claim is statute barred, it doesn't prevent him for taking an action on his property so a blanket statement saying it is, was incorrect

Horse****. Nobody is going to sue for the price of a bicycle.

amdublin

4ensic15 wrote: »

Horse****. Nobody is going to sue for the price of a bicycle.

Ducatti motorbike

Eggs For Dinner

4ensic15 wrote: »

Horse****. Nobody is going to sue for the price of a bicycle.

There are plenty of solicitors who would represent a client suing for the air in the tyres

4ensic15

Eggs For Dinner wrote: »

There are plenty of solicitors who would represent a client suing for the air in the tyres

Such as?

Mod
Sorry, solicitor recommendations not allowed here. Anyhow OP already has a solicitor
Re quantum - some bikes, not just motor-bikes can be quite expensive

Weepsie

4ensic15 wrote: »

Horse****. Nobody is going to sue for the price of a bicycle.

There are bicycles out there worth more than many cars on our roads.

Eggs For Dinner

4ensic15 wrote:

Such as?

Against the forum charter to give solicitor recommendations

4ensic15

Eggs For Dinner wrote: »

Against the forum charter to give solicitor recommendations

I am not asking for recommendations. I am asking for identification. The cost of the initial consultation and warning letter would be more than most bicycles are worth. No solicitor would be prepared to get involved in that messing.

L1011

4ensic15 wrote: »

I am not asking for recommendations. I am asking for identification. The cost of the initial consultation and warning letter would be more than most bicycles are worth. No solicitor would be prepared to get involved in that messing.

The OP was on a motorbike not a pedal cycle.

Plenty of thousand euro pedal cycles around due to the tax incentives too. Unless solicitors have really taken the piss with prices recently that's over the costs of a letter

Eggs For Dinner

4ensic15 wrote: »

I am not asking for recommendations. I am asking for identification. The cost of the initial consultation and warning letter would be more than most bicycles are worth. No solicitor would be prepared to get involved in that messing.

Bicycle?

schemingbohemia

Alex1991 wrote: »

We have already contacted the Gardai but they didn't take any names... for whatever reason

Whatever else happens you should refer the issue of AGS not doing their job to the https://www.gardaombudsman.ie/

NUTLEY BOY

schemingbohemia wrote: »

Whatever else happens you should refer the issue of AGS not doing their job to the https://www.gardaombudsman.ie/

That prompts a thought.

Out of interest would Gardaí owe the OP a duty of care to carry out their investigations with due diligence ?

The argument that occurs to me is that if Gardaí failed to carry out a proper investigation they may have effectively deprived the OP of the chance to obtain a legal remedy for his losses. I know this sounds like a stretch and would be quite a job to establish in terms of evidence but might that be a runner conceptually ?

GM228

schemingbohemia wrote: »

Whatever else happens you should refer the issue of AGS not doing their job to the https://www.gardaombudsman.ie/

Gardaí have complete discretion with regards to their duties and investigative powers at common law, a complaint is a waste of time, they can't be compelled to do any investigation.

GM228

NUTLEY BOY wrote: »

That prompts a thought.

Out of interest would Gardaí owe the OP a duty of care to carry out their investigations with due diligence ?

The argument that occurs to me is that if Gardaí failed to carry out a proper investigation they may have effectively deprived the OP of the chance to obtain a legal remedy for his losses. I know this sounds like a stretch and would be quite a job to establish in terms of evidence but might that be a runner conceptually ?

The Gardaí owe no duty of care in relation to their prosecutorial or investigatory functions, this has been confirmed in the courts.