Who is in the wrong - car crash

While driving down a main street in a town I stopped on the street outside a hotel. There was parking in front of the hotel on the street but all the spaces were taken. I jumped out of my car to look at a notice board outside the hotel so effectively my car was stopped on the street without a driver. There was someone in the passenger seat.

A jeep parked directly outside the hotel reversed into the side of car and did some damage, no damage to the jeep.

The guy said he would pay for the repairs to my car so I took his word and his details. But I am suspicious that when I contact him he may argue that my car was stopped illegally on the street without a driver.

Everyone tells me it doesn't matter where my car was - the guy was careless and in the wrong, people can't just go around crashing into cars ?

As the damage is small I don't want to get the insurance company involved. What is the legal status on this?

Re: Who is in the wrong - crash

The jeep driver is in the wrong.

But you should have called the guards. You have an obligation to report all crashes.

And you should inform your insurance company regardless- it will not affect your premium.

He's in the wrong. Get your insurance company involved. They cvan arrange a courtesy car for yuo and handle everything without you even having to speak to the jeep driver again.

Re: Who is in the wrong - crash

Vanilla said:

But you should have called the guards. You have an obligation to report all crashes.

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Can you clarify where this obligation comes from ? I understood that if there was no personal injury, then there was no obligation to call the guards (though it would often be useful in disputed circumstances)

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Hi AJC- that would be s.106 Road Traffic Act 1961.

Re: Who is in the wrong - crash

I think you're oblidged to call the gardai if there is damage to a sign post or smoething like that also if there is an injury.

Why does it matter that the damage is only small? Why would that prevent you from notifying your insurance company?

There is no obligation to call the Gardai, they have no obligation to attend unless there is personal injury or the crash is causing an obstruction.

Hi all,

thanks for all the feedback - I feel much better now. I will give the guy the chance to pay up, if he refuses I will let the insurance companies deal with it.

Thanks again.

Eurofan said:

There is no obligation to call the Gardai, they have no obligation to attend unless there is personal injury or the crash is causing an obstruction.

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There may be no obligation to call the gardai but it might be a good idea to report it to the Gardai. A van hit the side mirror of my daughters car he told her the company would pay for it. They exchanged insurance details. The company paid all right but they reported to the local Gardai. my daughter got a phone call from the guards asking why she didnt report it and that she would have to produce insurance and drivers lincence within 10 days. Something to think about.

Megan said:

There may be no obligation to call the gardai but it might be a good idea to report it to the Gardai.

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Actually that's good advice, just don't be surprised if they can't actually attend unless there's personal injury or major obstruction to traffic.