What to do here?

06-12-2021 12:39pm #1

Yesterday I was knocked down by a motorist while on a roundabout using my e-scooter. I had full right of way, no one else was trying to get onto the roundabout at the time etc, basically I did what i should do and the driver of the jeep that hit me was obviously not paying attention (which is the opinion of the witnesses present)

the Gardai who arrived at the scene and took info from us both while waiting for the ambulance (I was still lying on the ground at this point so answered to the best I could considering) but while the garda who took my side of things he informed me that I should hold a licence for the escooter (first I’ve ever heard of it) and for that reason he seized the scooter.

I’ve little interest in using the scooter again, and I’m way too sore today to even think of getting on it again, regardless though it is my scooter and even if I don’t use it anymore I can still sell it etc, so my question regarding that is how do I get it back exactly? I’ve never had anything seized by the Gardai so I’m not really sure what to do about getting it back? I rang the station after I was discharged from hospital last night just to enquire and they said to call back this evening with those garda are on duty again.

basically I’m curious if it’s a waste of time to go and try get it back? Also if there’s any damage to the scooter how do I go about having the driver sort it out? I didn’t get any of his details seeing as he wouldn’t come anywhere near me the entire time and I wasn’t exactly in a position to get licence plates etc, can the garda give me his name and phone number or something?

I don’t think I’ll go down the avenue of litigation, while I’m really angry at how stupid they were I don’t want to destroy someone’s life finically for my own gain. I just want my scooter back and any damage paid for, really.

L1011 · 06-12-2021 12:42pm

EScooters are not currently legal to use on public roads. I don't see you getting it back as the stuff you'll need to provide doesn't exist (insurance - can't be got)

whomitconcerns · 06-12-2021 12:45pm

Your escooter is not road legal. Still doesn't mean the guy can hit you of course. But does certainly mean they can confiscate it. Whether you can get it back or not though...I guess as it could be used on private land legally, they could give it back, but they could also charge you daily storage.

As for your damages, using a motorized, uninsured, untaxed non road legal vehicle..I would say that your goosed. Not a leg to stand on

06-12-2021 12:51pm

https://www.boards.ie/discussion/comment/118276778#Comment_118276778

brilliant. The updated road traffic bill hasn’t passed yet then? great little country we have.

Caranica · 06-12-2021 12:56pm

https://www.boards.ie/discussion/comment/118276843#Comment_118276843

You were on an illegal vehicle on a public road. It's not the government's fault. It's on you to know the rules of the road as they currently stand.

06-12-2021 12:56pm

https://www.boards.ie/discussion/comment/118276797#Comment_118276797

Mhm. Still, might chat with a solicitor then see what can be done, I appreciate the scooter isn’t road legal (I was under the impression they were seeing as they’re everywhere now!) but regardless, I feel like even we’re I on the roundabout on a tricycle, the guy was not paying attention when he hit me with the car, it wasn’t like I was just lying on the road he had plenty of time to slow down and stop but did not. Of the 4 entry/exits on the roundabout he was the only vehicle that came onto the roundabout despite me being there. I guess my point is - I was wrong insofar as the legality of using my scooter which was pretty stupid on my part, but at the same time they weren’t paying due care and attention so what I was using was almost irrelevant.

D3V!L · 06-12-2021 12:58pm

https://www.boards.ie/discussion/comment/118276843#Comment_118276843

How long have you been riding it ? Its now a great little country now that you need legal assistance for your illegal scooter.

spurious · 06-12-2021 1:03pm

I’ve little interest in using the scooter again

I would take that as a win for you.

06-12-2021 1:10pm

https://www.boards.ie/discussion/comment/118276916#Comment_118276916

Not really. I need it to get around cos I’ve got bad lungs basically. Mild exercise for me is like sprinting these days haha.

Stripeyman · 06-12-2021 1:10pm

If your escooter was seized under Section 41 of the Road Traffic Act it'll cost you to get it back. There's a €125 fee for the first 24 hours and €35 for each 24 hour period thereafter. You could also be facing prosecution for using an uninsured and untaxed vehicle.

The Garda who seized the scooter should be able to advise you on the above so you should probably give him a ring this evening. You're also entitled to the other driver's details so if you ask for them the Garda will provide them to you.

06-12-2021 1:12pm

https://www.boards.ie/discussion/comment/118276944#Comment_118276944

Super thanks for that! All I needed to hear. I’ll give them a shout this evening then, I imagine they’ll want to see me anyway he did say he’ll be in touch.

Galwayguy35 · 06-12-2021 1:20pm

There was a pair of ye in it, the other guy should have been watching what he was doing and the book should also be thrown at you for your illegal activity.

BattleCorp1 · 06-12-2021 1:27pm

You'll be lucky if you aren't prosecuted for driving with no road tax or insurance.

Hopefully your injuries are very mild and you make a quick recovery.

TooTired123 · 06-12-2021 4:03pm

Leave the escoooter where it is. Cheaper to get a new one. Wait until it’s legal to ride one on the road. Better off with a bike. Get better soon.

06-12-2021 5:23pm

https://www.boards.ie/discussion/comment/118276999#Comment_118276999

If you’d be as quick to point me towards where I can buy insurance and tax for an escooter as you are to put blame on me for someone being too dumb to see what’s in front of them that would be appreciated.

otherwise honestly just piss off. Escooter or not I didn’t deserve to get ran over by someone’s poxy jeep while they were busy tapping away on their phone or some other bullshit that wasn’t watching what was in front of them.

i on the other hand waited until it was safe to go and proceeded accordingly. They were not paying attention and I was just lucky I didn’t break anything or worse.

I already admitted I was completely unaware that the scooter was illegal to use and to that end to actually find out this info I had to check the RSA website because just googling it doesn’t give you much concrete info either way. The difference between me and the guy driving was I was ignorant to what I was doing wrong but he knew he was approaching a roundabout and should slow down, regardless though he ploughed through despite anyone else. I’m the one who was injured, he got away with not so much as a scratch. For the record also, where he hit me is a few yards from a zebra crossing, seeing as he didn’t bother to slow down entering the roundabout I reckon it’s a safe assumption were I crossing there I’d have been hit regardless, but sure I bet that’s my fault too for being on the road as a pedestrian.

Gatling · 06-12-2021 7:08pm

You could well be in line for penalty points to go along with your troubles op

Galwayguy35 · 06-12-2021 8:12pm

https://www.boards.ie/discussion/comment/118278655#Comment_118278655

Its the likes of you that annoys the hell out of those of us who have a license, tax, insure and NCT our vehicles before we use the roads

And on top of it then if what you say is true you hadn't a clue that you can't operate something with a motor on a public road without a license and insurance.

Its you and others like you that should just piss off and I really hope the Guards do you big time for it.

Still stihl waters 3 · 06-12-2021 8:24pm

Hope you get done for driving without tax and insurance op lol

Caranica · 06-12-2021 9:37pm

https://www.boards.ie/discussion/comment/118278655#Comment_118278655

You can't buy tax and insurance for them because they're not supposed to be on the road. You've been told that repeatedly. Ignorance is not an excuse.

Did you have a helmet? Reflective gear? I ask because in my experience escooters appear out of nowhere, the height (or lack of) puts them in a blind spot for a lot of motor vehicles.

Your injury sounds like a civil matter if the Gardai are not pursuing the driver. You're clearly angry, but that doesn't mean you're right. If the Gardai don't come after you I'd call that a win.

Del2005 · 07-12-2021 12:42am

https://www.boards.ie/discussion/comment/118276953#Comment_118276953

To get it back you need to turn up with a licence and insurance for it, then pay the impound and storage fees to release it, the fact that neither can be got could see you with 5 points, a large fine and possible jail.

Markcheese · 07-12-2021 11:21am

https://www.boards.ie/discussion/comment/118281339#Comment_118281339

That's not true at all .. the op can turn up and carry it away ..there is no licence, tax ,or insurance for a e-scooter ,but they are entitled to their property back ,

There would be impound fees , a lot would depend on how the Garda impounded it and where it was stored ... ( If it was shoved in the back of a squad car and chucked in a shed , or if an official tow truck was called )

You probably are entitled to personal injury compensation , you were in control of a non legal vehicle but you were struck by an insured driver - make sure you get the details of any witnesses -

And remember ignorance is no excuse of the law , would you be forgiving if the jeep driver had no licence and assumed he could just drive cos there's loads of cars and jeeps about ,

Del2005 · 07-12-2021 11:04pm

https://www.boards.ie/discussion/comment/118282813#Comment_118282813

There's legislation proposed that you won't need a licence/tax/insurance for certain escooters (the OPs could easily still be a MPV even with the new regulations) but the the current situation is that they are MPVs which need licence/tax/insurance. They had an illegal MPV impounded, to release an MPV you need someone with insurance to collect it.

07-12-2021 11:14pm

I’ve spoken with the Gardai anyway for anyone interested. They’re sending the scooter to some special mechanic of theirs to determine if it’s an MPV or not. If so, I’ll get a wee fine for being a bold boy if the DPP sees fit to do so.

however it’s being treated as a separate case and not in any way does it diminish the severity of what happened and due to dash cam footages courtesy of witnesses, should the driver be found to have not taken proper care and precautions he will be dealt with for that.

a bit pissed about the whole scooter thing, but lesson learned I suppose.

07-12-2021 11:20pm

@Markcheese just on your last point, absolutely no I wouldn’t, but I guess the difference is there’s an actual real way of obtaining a driving licence that just doesn’t exist for scooters! And look if I did something stupid and got myself hit (such as shooting out in front of them for whatever reason) then I am to blame.

basically what I want is the person responsible for me being ran over dealt with. I’ll pay my fine or whatever the Garda or DPP say I have to do because that’s my punishment & if the Gardai agree I was not the reason for the “accident” then the driver should also receive a punishment.

again I absolutely don’t want to ruin his life financially or have his insurance go so high he can’t drive anymore, what I DO want however is a fair and balanced action to.. we’ll both of us really. I have no issue saying I did not check the law properly and I did something stupid, but I will also say I certainly didn’t deserve to be ran over.. I see young lads on the scooters up and down the town daily, I’m lucky I managed to walk away (eventually) fairly unharmed but a younger chap might have been killed stone dead and THAT is my problem.

Girl Geraldine · 07-12-2021 11:23pm

https://www.boards.ie/discussion/comment/118279259#Comment_118279259

Rubbish.

Penalty points on what licence? How can OP get penalty points on his non-existent licence for a category of vehicle that is not recognised in the Road Traffic Acts?

Stop talking nonsense.

07-12-2021 11:31pm

https://www.boards.ie/discussion/comment/118287579#Comment_118287579

Uh actually you can get points without a licence they’d just apply retroactively when you did get one (assuming they didn’t expire beforehand)

but according to the garda at the scene, it’s a Cat. A licence? I have to disagree there but sure look.

07-12-2021 11:33pm

Oh! Also Markcheese is correct there’s no documents being asked to return me my scooter, just can’t have it back til they do the testing or whatever.

… so I guess I’ll have it back around this time in 2025 😂

07-12-2021 11:35pm

Anyway my questions been answered and given the fact I am liable for some sort of trouble over the scooter I’d like to ask if this thread can be closed and I’ll be speaking with a solicitor tomorrow regarding what next steps should be. Seeing as this may not be settled for a while I think it’s best not to talk about it any longer.

What to do here?

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