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Courier's accident

I was involved in an incident involving the Gardai four years ago. I was assaulted and my car smashed up in an attempted hi-jacking. I am suing them for negligence and personal injury. I still haven’t been given a Court date yet and my Solicitor keeps telling me it takes a long time. Ben.

Hi Ben.  This sounds like a complicated case in which the duty of care by the Gardai to a third party (yourself) is being examined and there are unusual issues surrounding the case regarding the Gardai’s right and obligation to enforce the law.  It looks like they were doing this but you were part of the collateral damage involved.

It is my guess that there are probably several parties involved in your claim – the Gardai themselves, possibly individual Gardai as defendants, together with the Motor Insurers Bureau and perhaps an insurance company or two as well.

As I have said in relation to multiple defendants, they usually get involved in blaming each other and this delays matters to the detriment of the plaintiff – you, Ben, in this case.

What I always advise in these types of cases is to do your best to get the case to trial as quickly as possible and force all the defendants to come to terms between themselves about possible settlement.  Make an appointment with your Solicitor as soon as possible and express your concerns and ask for a time schedule for a trial date.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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