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Help and advice needed

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Answers

  • Registered Users Posts: 10 seem


    What is the purpose of a statement here? Are they looking to charge?



  • Registered Users Posts: 4,478 ✭✭✭FishOnABike


    Don't overthink or worry about it. It's just following procedure.

    Let the guard know you are working over the weekend and it might be next week before you can call in. In the meantime get advice from a solicitor on making the statement and what you should or shouldn't say in it.



  • Registered Users Posts: 4,478 ✭✭✭FishOnABike


    I'd keep anything as short and simple as possible and stick to objective facts.



  • Registered Users Posts: 5,925 ✭✭✭Princess Calla


    You are at fault so do bring a solicitor.

    However as accidents go I don't think this is major (though compensation will probably be high) .

    Unless there's signs for roundabouts or traffic lights you don't expect traffic to come to a halt...of course it happens and you should be prepared etc but then no accidents would happen.

    It would be interesting to find out what caused the traffic to come to a complete stop though.

    I was driving along the coast road a couple of weeks ago, it's a 60 zone but on the stretch I was on heading to Sutton you're lucky to get above 50.

    So anyway driving along as normal when car Infront of me comes to a complete stop , absolutely no warning, road clear Infront of him and stops dead, not even pulling into the side.

    Luckily I leave a good size gap between me and car Infront, so I was able to stop in time. My hazards are beside my gear stick so I hit them as I'm changing gears down for the stop.

    There's 3 oncoming cars so I can't overtake straight away, but when I do there he his looking down vigorously texting someone on his phone!!!

    My friend was two cars behind me and when she was overtaking he was still texting away.

    But had I gone into the back of him it would be my fault.

    These are the people you're sharing the road with!



  • Registered Users Posts: 3,998 ✭✭✭3DataModem


    The Garda is telling you the worst case scenario (they are obliged to) but that scenario is very, very unlikely.

    The best you can do is get a solicitor, get their advice about making a statement, then bring them to court with you if need be.

    I'll say it again, based on what you've said, you shouldn't be worried.

    I can tell you from experience that the courts look much more fondly at people who take the process seriously. How do they know if you take it seriously? Dress well, don't chew gum, arrive on time, and hire a good solicitor.



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  • Registered Users Posts: 3,998 ✭✭✭3DataModem


    You need to take this more seriously. If you were unwell, you'd have no hesitation taking time off to deal with it. Get a solicitor, pay for the meeting, get their advice about the statement, and you'll feel MUCH better.



  • Registered Users Posts: 193 ✭✭Drumorig




  • Registered Users Posts: 328 ✭✭Ted222


    This is a bog standard accident. No one hurt.

    There will be no prosecution. If you don’t have to make a statement, I wouldn’t bother. If you do have to, make it as vague as possible.

    Criminal lawyer for a fender bender. Jesus wept.



  • Registered Users Posts: 409 ✭✭csirl


    I've a family member who was the middle car in what sounds like a similar accudent. No prosecution was ever taken against the driver who caused the accident. Drivers insurance arranged repairs etc. Let the insurance companies handle this and dont worry too much - they're used to these scenarios.

    If its the case that you have a motivated guard who's trying to get a prosection for careless driving, get a solicitor before making a statement. Solicitor should ask if any of the other drivers have complained or made a witness statement etc. I wouldnt make any statement unless others have as they cant prosecute without any evidence. It may well be that the Garda is hoping you'll admit to being careless and take the open goal of you admitting it!

    Even if it goes to court, it will be a minor issue in the District court - with 100s of other minor motoring offences.



  • Registered Users Posts: 6,243 ✭✭✭Claw Hammer


    What kind of lawyer would yout get? A probate lawyer?



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  • Registered Users Posts: 193 ✭✭Drumorig


    I wouldn't be so sure. Dont make a statement and incriminate yourself.

    Just decline making a statement.



  • Registered Users Posts: 1,601 ✭✭✭extra-ordinary_


    No need for the expense of a solicitor. Ask the guard if you're obliged to give a statement, then decline when he says no.



  • Registered Users Posts: 10 seem


    He did give me the caution that you are not obliged to say anything unless you wish to do so, but if you do, it can be used against you.

    I said I'd rather not then. Then he called me one week later and left the msg that no panic, but he wanted to know if next week suits to come in and make one.

    I called back then no one picked.

    Was on Friday evening. Haven't called them back since 😬. Don't know if that is wrong that I didn't try again to call.



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