KNOW YOUR RIGHTS: Motor vehicle collisions
Let’s face it, despite our best efforts, accidents do happen.
If you are involved in a motor collision, the law requires you to do certain things. This applies whether the collision was with another motor vehicle, another user of the road or an object along the road.
“Apart from the legal aspect, there are also things it is advisable to do for safety reasons and to help reduce your possible financial loss,” cautions Deirdre Vann Bourke, Kerry Manager with South Munster Citizens Information Service. “Forewarned is forearmed so it’s worth being informed about what to do in the event of an accident.”
What are my legal obligations?
Your legal obligations, if you are involved in a motor collision, are set out in Section 106 of the Road Traffic Act 1961 as amended. Firstly, you must stop your car and remain at the scene of the accident for a reasonable time.
Provide information: If a Garda is present at the scene of the collision, you must give them, when requested:
* Your name and address
* The address where your car is kept
* The name and address of the car owner
* The car’s registration number
* Motor insurance details (including the expiry date of the policy)
If there is no Garda present you must give this information on request to:
* The injured person (where someone has been hurt) – or a person asking on their behalf
* The owner whose property has been damaged, or someone asking on their behalf or
* Give the information to an independent person who was present when the collision occurred.
Report the accident: If there is no Garda present, you must report the accident as soon as possible to a Garda who is nearby or at a Garda station. The person (if any) you gave the information to can do this. If they are not in a position to do so, you must report the accident.
What should I do if I am involved in a motor collision?
“There are a number of steps you should take if you are unlucky enough to be involved in a collision with another vehicle,” says Deirdre.
Decide whether to move the cars:
If the collision is serious, do not move the cars. If the collision is minor and the cars are blocking the road or are a danger to other road users, mark their position on the road then move them. Take care when moving damaged cars and be alert to the danger from leaking fuel.
Warn other drivers: Try to warn oncoming traffic of the accident. You can warn them by using your hazard lights. If you have a reflective advance-warning triangle, place it on the road far enough from the scene of the collision to give enough warning to approaching traffic. If the collision happens near a bend in the road, make sure you give warning to traffic on both sides of the bend. If you need to ask for another road user’s help to warn traffic, do so right away.
Call for help: If someone is injured, call the Gardaí (telephone 999 or 112) and, if necessary, ambulance services.
Get information: You should get the information listed above (under ‘Provide Information’) from the other drivers involved in the collision. If the collision involves damage to property, get the owner’s name, address and telephone number.
Get the names, addresses and telephone numbers of any witnesses, as these may be required if a question of liability arises.
Photos: Take photos of the scene of the collision if you have a camera. These should include photos of the vehicles before they are moved.
Garda details: You should get the name or number of the Garda to whom the collision is reported. You may need to ensure that a Garda report has been filed for insurance purposes.
“You should write down an account of all relevant facts connected to the collision as soon as possible afterwards,” advises Deirdre. “Be sure to sign and date your account (including the time) when it is completed. This could be a very useful document to have going forward.”
Uninsured or unidentified cars:
If you wish to claim compensation where you are involved in an accident with an uninsured or unidentified car, contact the Motor Insurer's Bureau of Ireland (MIBI). MIBI also deals with claims arising from foreign drivers in Ireland or Irish drivers abroad.
Serious road traffic collisions:
When a serious road traffic collision occurs, causing a serious or fatal injury, there will be an investigation by the Gardaí and possibly the coroner. It may involve an inquest and even a criminal prosecution.
For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on firstname.lastname@example.org or log on to www.citizensinformation.ie for further information.
Ireland’s oldest citizen has Killarney connections
Ireland’s oldest woman met with President Michael D. Higgins at Áras an Uachtaráin this week. Máirín Hughes, who turned 109 on May 22 has strong Killarney connections. The previous record […]
Ireland’s oldest woman met with President Michael D. Higgins at Áras an Uachtaráin this week.
Máirín Hughes, who turned 109 on May 22 has strong Killarney connections.
The previous record was held by 107-year-old Nancy Stewart who died on September 10 2021.
Although born in Belfast, Máirín went to school in the Mercy Convent. Her father was a customs and excise officer and the family moved around a lot eventually coming to Killarney after spells in County Down and Dublin.
Her mother came from the Rathmore area and her father was from Newmarket in County Cork.
She attended the Mercy Convent and has, in previous interviews, recalled growing up on the shores of Lough Lein.
“Neighbours who had three children were given the job of taking me to school,” she said. “They were annoyed because the children were going to school for two or three years but I was put in to the same class as them – my mother had taught me.”
In 2021 she featured in the book ‘Independence Memories: A People’s Portrait of the Early Days of the Irish Nation’, sharing stories of being kept in school in Killarney during an attack on the RIC barracks down the road.
In 1924 she started a degree in science and a diploma in education at University College Cork, before working in the pathology lab in University College Cork’s Department of Medicine for 16 years.
last year she recalled her story on the podcast: ‘Living History – Irish Life and Lore’.
During the broadcast she talked about her parents’ membership of the Gaelic League in 1910; the Spanish Flu in Ireland in 1918; The Black and Tans in Killarney in 1921; the early days of the new Free State; Eucharistic Congress in Dublin in 1932, visiting the Basket Islands in 1929; and working in the UCC medical laboratory from 1932 until 1948.
This week President Michael D. Higgins hosted an afternoon tea event to celebrate the important role that a variety of people have and can play in different communities and Máirín was among the guests of honour.
Philip is running over 100kms for Cancer charity
Local runner and charity fundraiser Philip Kissane is set for the biggest challenge of his career as he lines up for the Cork City Marathon on Sunday. Phillip has already […]
Local runner and charity fundraiser Philip Kissane is set for the biggest challenge of his career as he lines up for the Cork City Marathon on Sunday.
Phillip has already completed four half marathons at various locations around Killarney – all in aid of Kerry Cancer Support Group – or the Cancer Bus as it popularly called.
This is the second time that Phillip has run four half marathon and an official race for the charity.
Back in 2021 he finished with 5km Run Killarney event but his finishing race this time around is over eight times the distance at 42kms.
“We are delighted with Philip’s continued fundraising support but also with his awareness raising for the charity,” Breda Dyland, Service Manager Kerry Cancer Support Trust.
“We are getting busier all the time and still get no statutory funding so are dependent on fundraisers like Philip’s to keep us on the road. We have just put our new wheelchair accessible bus on the Cork route so Philip’s funding will be going towards the operation of this vehicle.”
Ireland’s oldest citizen has Killarney connections
Ireland’s oldest woman met with President Michael D. Higgins at Áras an Uachtaráin this week. Máirín Hughes, who turned 109...
Philip is running over 100kms for Cancer charity
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