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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8797
Experience:  Barrister 17 years experience
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I just received a summons through my letter box

Resolved Question:

I am A young male driver I was involved in a car accident last year, i cant rem when but in summer. A car stoped on a continus white line on a brow of a hill. I was the forth car in a long que of trafic and hit the third which in turn bumped the second and so on to the first. There was damage done to the car I hit but nothing to the other two but they are from the north and are claiming. I may have been hit from behind as my bumper was damaged too but the rest if traffic move on. There was a van behind me. I have pictures to show what damage was done. I have my licence, tax and insurance was driving but I was also towing a trailer. The road was dry. I got a phone call today from Garda to say there was a summoned for me and would I go collect it. I have been away working all year and returned 3 weeks as I'm waiting on the start in London next week. Should I accept this summons?
Since i wrote this I just received it now at 11:10 pm through my front door letter box. To appear in court on 10 June to be accused of dangerous driving.

Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.

1. At the outset, a conviction for dangerous driving can include a penalty of having your licence removed. Accordingly, I would advise you to get yourself a good solicitor who is experienced in Road Traffic cases to represent you in both the criminal proceedings which the Gardaí have just served on you and also in the civil compensation claims which some drivers are making against you. You need to realise at the outset, that the fact you were fourth in a line of traffic and hit the one in front of you will be regarded as evidence you were travelling too fast irrespective of why you say so, or what reason you give. In such circumstances, you are best off plead guilty to a lesser charge of careless driving or driving without due care & attention and then get your solicitor to do a plea in mitigation. With any luck you will get off with a fine. This will not affect your licence.

2. However, you need to realise that in civil compensation claims the fact you will more than likely get a conviction for careless driving will mean that at least one other party will be successful in suing you. Namely the car in front of you. However, you should ensure that any other compensation claims, particularly of those further in front of you, from the North, are strenuously resisted. Additionally, you should instruct your solicitor to sue the van behind you for compensation and to seek to recoup some of the money from this driver's insurance.

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Customer: replied 2 years ago.
Sorry for delay, what do you mean in point 2 civil comp? Does the insurance not cover that
Expert:  Buachaill replied 2 years ago.
3. Insurance will cover civil compensation claims against you. However, to ensure insurance cover, you will need to co-operate with the insurance company. Most insurance contract contain a clause that if the insured does not co-operate with the insurance company, then they can refuse cover. I only say this to indicate your obligations.
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Buachaill, Lawyer
Satisfied Customers: 8797
Experience: Barrister 17 years experience
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