Road Traffic Accident Injury Claims

What general damages can I claim for car accident compensation?

General Damages is the amount you can claim based on your physical or psychological injuries, and car accident compensation figures vary in each case. The value of your case in terms of general damages depends on the nature and severity of the injury or injuries, the pain, suffering, and inconvenience caused by the duration of recovery, and the outlook for the future.

What special damages can I claim for a road accident?

In addition to general damages, you are entitled to claim for special damages – all financial losses and expenses incurred by you as a result of the accident, including loss of earnings, doctors’ fees, hospital fees, medication, travelling expenses, etc. Once we receive your initial instructions to handle the case, we will review reports from any Medical Practitioners you have visited.
The early reports are usually preliminary, but they allow us to determine which Court to initiate your case in, i.e., the District Court with jurisdiction to make awards up to €15,000, the Circuit Court with jurisdiction up to €60,000, or the High Court, which has unlimited jurisdiction. The value of your claim will be discussed with you in detail during Settlement Negotiations or before your case goes to trial.

Who is responsible for paying compensation in a hit-and-run accident?

If you’ve been involved in a road accident and the other party fled the scene, you can still receive compensation. The MIBI Agreement allows victims involved in a Road Traffic Accident who have sustained personal injury caused by Unidentified vehicles or drivers to be awarded compensation. Speak to your solicitor, and they will advise you on how to initiate a claim of this nature.

How can liability be established for a road accident?

Gardai Report

If you are the driver of a vehicle involved in a road traffic accident, the first thing you should do is call the Gardai. An official report from the Gardai can be invaluable if liability for the accident is disputed. It is also necessary to ensure that you note the contact details of all people involved in the accident, including witnesses, and, more importantly, to obtain the insurance details of the other drivers involved. Once all details have been exchanged and the accident has been reported to the Gardai, it is advisable to seek medical attention.

Following an accident, you may be in shock and not realise the full extent of your injuries. While in most cases involving road traffic accidents, it is clear who was at fault, there are instances where the issues are more complex. Road traffic accidents become more complicated when there are more than two parties involved, one party refuses to admit liability, the at-fault party does not have a valid insurance policy, or the at-fault party flees the scene of the accident.

What if a company car caused the accident?

Whether you or the defendant owned the company car or it belongs to a company, the claims process is the remains the same. In most cases, it’s your employers responsibility to deal the insurance company in relation to the claim. And in any road accident claim, your solicitor will seek compensation from the insurers from the negligent party.

How can I find out if I am eligible to claim for my road accident?

Whether you were the driver or passenger, to be eligible for an injury claim, the injury must have been caused by another party, either fully or partly. If you have been injured in a car or other accident that was not your fault, Irish law entitles you to seek compensation. You can claim if you were a driver, passenger, pedestrian, cyclist, motorcyclist, or if you were driving for work in a truck, bus, car, or bike. You may also be able to bring a claim for your road accident even if the other party was uninsured. Unless you are under 18, the accident must have occurred within the past 2 years and someone else was at least partly to blame.

How much compensation can I claim for a traffic accident injury?

Payout for car accident claims

The amount of compensation you can claim for your injury mainly depends on the severity of your injury, the impact it has had and will have on your life, and any financial losses or costs you have incurred. At the early stages of your road accident claim, we will advise on a calculated sum of compensation you are entitled to, based on how the injury has affected your life. This calculation will include ‘General Damages’ and ‘Special Damages’. Although a Court has discretion when awarding general damages, it is also required to base its assessment on the Judicial Council Personal Injuries Guidelines. These guidelines evaluate injuries based on body parts and the severity of the injury.

How long does it take to receive payment after a settlement?

The time it takes to conclude a case usually depends more on the medical process than the legal process. As a general rule, we advise our clients not to attempt to settle a case within 12 months of the accident date. It is good practice to see how the injury has settled by that stage, subject to the Medical Report. It may be best to try settling the case after about 12 months, although many cases, especially more serious ones, may take longer. Once your case is concluded, you will typically receive your compensation payment within about 4 weeks.

How does a No Win No Fee* claim work?

No Win No Fee* removes the risk for the Claimant when making an injury claim for their injuries sustained by a 3rd party. Terms and conditions will apply but in most cases If you don’t win your claim, you won’t have to pay your solicitor any legal fees.

What if I was partly to blame for the accident?

If you were partly to blame for the Road Collision, you may still be entitled to a Compensation Award – but the final amount could be reduced. It is not always clear who is liable for the traffic accident if multiple vehicles were involved, and it is common to assign fault to both parties. Your Solicitor will be able to advise you on the best possible outcome from the early stages of your case. When multiple parties are to blame for an accident, liability is divided. This is known as a ‘Split Liability Agreement’. For example, if it has been proven that both parties involved were equally at fault – 50% / 50%, you may receive 50% less in compensation.

It is important to note that many valid claims are never brought because an injured party feels the accident was his own fault, whereas the primary cause of the accident may well rest with some other party, and the injured party’s own carelessness may only have been a contributing factor. In such cases, the courts may apportion Liability. It is therefore always advisable to consult a solicitor concerning any injury resulting from an accident.

What if the other driver involved in the accident is uninsured?

The injured party, although entitled to sue in the courts for the injuries sustained, may be wasting their time if the defendant motorist has few means or assets. If the court makes an award and the defendant is unable to pay it, the injured party may not succeed in their case. This issue was addressed in 1955 with the introduction of the Motor Insurers Bureau of Ireland (MIBI). The MIBI was established to compensate victims of uninsured motorists. A claim against the MIBI will be treated similarly to a claim against a person holding a valid insurance policy.

How to bring a claim against MIBI – The Motor Insurers Bureau of Ireland?

If you’ve been involved in a road collision where the driver responsible does not have insurance, or the third party leaves the scene, your accident solicitor can still help you claim compensation. MIBI – The Motor Insurers Bureau of Ireland – was established to underwrite motor insurance in Ireland so victims of road traffic accidents caused by uninsured and unidentified vehicles can be fully compensated.
Circumstances include:

• Non National Registered Vehicles
• Uninsured Drivers
• Unidentified Vehicles

Do I have a claim if I was in an accident with a foreign car?

MIBI, as the Green Card Bureau, handles claims from parties involved in accidents in Ireland caused by non-national vehicles, provided the country of origin is a member of the Green Card System. It is essential to obtain relevant information from the vehicle and driver whenever possible: the registration number, make and model of the vehicle, country of origin, driver’s name, and insurance details.

How is the Injuries Resolution Board involved in my claim, and why?

All Personal Injury Cases under Irish law, except Medical Negligence, must first be processed through the Injuries Resolution Board (formerly known as PIAB). Once you instruct us to commence proceedings, we handle all dealings with the IRB on your behalf. Our legal team will also ensure that the IRB adheres to any time limits applicable to the case and deal with all queries in relation to your IRB Application.

Medical Reports for the Injuries Resolution Board

In order for our firm to put your claim through the Injuries Resolution Board, we must first obtain your medical report. We obtain this report from your treating doctor, outlining all injuries sustained as a result of your accident. This report is very important, as the IRB will base its assessment of your claim solely on the contents of your medical report, along with a second report from an independent medical practitioner. We will then send a copy of this report to you, along with an application form (Form A), which must be signed by you in order for us to process your claim with the Injuries Resolution Board.

How long does it take for my case to go through the Injuries Resolution Board?

If the Board decides to proceed with an assessment, it has 9 months from the date of application to do so. During this period, the IRB arranges for an independent doctor or medical expert to assess the claimant and provide a medical-legal report. Once the Board is in receipt of your case documentation (which we organise on your behalf), the completed Schedule of Special Damages, Certificate of Loss of Earnings (if appropriate), and the Medical Report, it will proceed to make an assessment.

Processing Timelines for the Injuries Resolution Board Claims

The list below is a typical timeline for your accident claim to be processed through the Injuries Resolution Board; however, it’s important to note that cases can be complex and timelines can vary depending on the complexity of your case.

• If both parties accept the assessment, an ‘Order to Pay’ will issue and your cheque is usually requisitioned within 6 weeks.
• We (the Solicitor) will be notified in writing of the award made by the Board.
• You (the claimant) have 28 days to decide whether to accept the award.
• The respondent has 21 days to make the same decision.
• If both parties accept the assessment, an ‘Order to Pay’ will issue and your cheque is usually requisitioned within 6 weeks.

Read more FAQs related to the Injuries Resolution Board