A car accident claim in Ireland may arise where a driver, passenger, cyclist, or pedestrian is injured as a result of another party’s negligence on the road.
Under the Road Traffic Act 2010, all drivers in Ireland are required to observe the rules of the road and exercise reasonable care for other road users.
Where a failure to meet that standard causes injury, the injured party may have grounds for a personal injury claim.
5 essential steps to take after a car accident in Ireland
1. Seek medical attention
The first and most crucial action after a car accident is seeking medical attention.
Even if you don’t feel injured at the time of the accident, some injuries may not be immediately visible.
It’s advisable to visit your local A&E department or consult your GP, no matter how minor you think your injuries are.
Seeking medical attention quickly ensures you are adequately treated and creates a record of your injuries, which will be vital for any car accident claims you may make.
2. Gather information
You’ll need to gather relevant information at the scene to help with future car accident claims.
This includes:
- The names, addresses, contact details, and insurance information of everyone involved, including drivers and passengers.
- Details of any emergency services that attended the scene.
- Photographs from various angles show damage, the environment, and any visible injuries.
- Dash cam or CCTV footage, if available.
- Environmental details include the time, date, and weather conditions during the accident.
- Receipts for any expenses incurred from the accident, such as medical bills or vehicle repairs.
- Copies of Garda reports or medical records may be required for future car accident claims.
3. Report the accident to Garda
It is mandatory to report all accidents to An Garda Síochána, regardless of how minor the incident may seem.
If Garda do not attend the scene, visit your local Garda station to ensure the details are recorded and provide a statement.
Having an official Garda report can be instrumental in supporting your future claims and ensuring that all legal requirements are met.
4. Notify your insurance provider
Regardless of whether you plan to make a car accident claim, I would like to inform your insurance company about the accident.
Many insurance policies require this notification, and failing to report the incident could affect your coverage or complicate the claims process.
Make sure to provide accurate details to your insurer as soon as possible.
5. Consult a solicitor
Please contact a car accident claim solicitor right away if you are considering pursuing a compensation claim.
A solicitor can provide essential guidance, helping you understand the claims process, avoid delays, and maximise the compensation you are entitled to.
Consulting with an experienced personal injury solicitor ensures you have the support you need to navigate the legal aspects of your case effectively.
Have you been involved in a car accident?
We understand that experiencing an accident at work, in public, or while driving can be traumatic.
Not only can they result in significant, life-altering injuries, but they can also harm your capacity to return to work, be detrimental to your finances, and affect your mental health and wellness.
If you would like to speak with one of our experienced car accident claim solicitors, please call our Free Phone at 1800-844-104 or complete our online enquiry form.
Am I entitled to a claim?
If you have been involved in a road traffic accident in Ireland as a driver, passenger, or pedestrian, and the accident was caused by another party’s negligence, you may have grounds to bring a personal injury claim.
A claim can address physical injuries, psychological injuries such as post-traumatic stress disorder, financial losses including loss of earnings, medical expenses, and damage to your vehicle and property.
The specific circumstances of the accident and the injuries sustained will determine the basis and value of any claim.
Car accident claim distribution
If you have been involved in a car accident in Ireland and it wasn’t your fault, you may be entitled to car accident claim compensation.
The compensation you may receive is grouped into three main categories.
1. General damages
General damages are awarded to compensate you for non-financial losses such as physical injuries, psychological trauma, and pain and suffering caused by the accident.
The compensation you may receive will depend on the severity of your injuries, their long-term effects, and how they impact your quality of life.
2. Special damages
Special damages refer to the financial losses and expenses incurred due to the accident.
This can include loss of earnings due to time off work, medical treatment, rehabilitation, and other costs such as travel to and from hospital appointments.
3. Material damages
Material damages refer to any damage caused to your personal property, such as damage to your vehicle in a car accident.
You can claim for the cost of repairing your vehicle or the value of your car if it is written off.
It is important to note that the compensation amount for each of the above categories will depend on the specific circumstances of your case.
You should need the help of a qualified car accident claim solicitor who can provide legal advice, guide you through the claims process, and ensure you receive the maximum compensation you are entitled to.
Common car accidents
Our team of experienced car accident claim solicitors at Coleman Legal continuously educates itself on all aspects of personal injury claims.
- Rear-end Collision Claims
- Hit and Run Claims
- Roundabout Accident Claims
- Passenger Injury Claims
- Uninsured Driver Claims
- Side Impact Collision Claims
- Minor Impact Road Traffic Accident Claims
- Head-on collision Claims
- Fatal Road Accident Claims
Common car accident injuries
- Spinal Injury
- Head Injury
- Nerve Injury
- Whiplash Injury
- Back and Neck Injury
- Shoulder Injury
- Soft Tissue Injury
- Delayed Accident Symptoms Claims
Causes of car accidents?
Road traffic accidents can occur for several different reasons, such as:
- Bad road conditions
- Hazardous weather
- Fatigue
- Blind spots
- Unsafe vehicles
- Unsafe driving practices speeding, disobeying the rules of the road
- Merging traffic
- Texting while driving
- Driving under the influence
Hence, car accident claims such as car crashes, bicycle crashes, and motorcycle crashes are among the most common cases solicitors submit to the Personal Injuries Board.
Negligent driving behaviours and actions can lead to many unfortunate road traffic accidents.
Most car accident claims submitted to the Personal Injuries Board were Motor Liability claims.
Car accident law in Ireland
Car accident law refers to legal rules determining who is responsible for the personal and property damage from a road traffic collision.
This area of law consists of the principles of negligence.
Car accident victims must prove the same four essential elements to recover compensation.
These elements are:
- Duty Drivers must obey the road rules and reasonably operate their vehicles.
- Breach The plaintiff usually must offer evidence that a defendant breached their duty. A breach can be shown by direct evidence such as eyewitness testimony, a traffic surveillance video or an admission of fault.
- Causation the plaintiff must prove causation (e.g. that the defendants breach of duty caused the injuries to occur). This can be provided by medical testimony demonstrating injuries are consistent with the nature of the crash and that they didn’t exist beforehand.
- Harm The plaintiff cannot bring a negligence lawsuit unless the defendants conduct produced the damage to the other person or vehicle.
What to do to strengthen a possible car accident claim?
- Take photographs of any visible injuries
- Take photographs of your vehicle/accident scene if possible
- If you didn’t require medical attention at the accident scene, visit the doctor afterward, as injuries may present later.
- Write down all details of the accident as soon as possible; even small details that may seem minor may assist your future case.
Statute of Limitations
You have two years from the accident date within which to issue proceedings.
If you are under 18, a separate set of rules applies, and we recommend that you contact our solicitors to discuss them.
To learn more about the statute of limitations for a car accident claim, click here.
Q: What must a claimant establish to succeed in a car accident claim in Ireland?
A: In Ireland, a car accident claimant must establish four elements to succeed in a negligence claim:
- Duty (that the defendant owed a duty of care as a road user under the Road Traffic Act 2010);
- Breach (that the defendant breached that duty through their conduct, such as speeding, failing to yield, or driving without due care);
- Causation (that the breach caused the injuries sustained); and
- Loss (that the claimant suffered quantifiable injury or damage as a result).
Evidence such as Garda reports, CCTV or dash cam footage, witness statements, and medical reports all bear on the strength of these elements.
Q: How is the value of a car accident injury claim assessed in Ireland?
A: In Ireland, the value of a personal injury claim arising from a car accident is assessed by reference to the Personal Injuries Guidelines published by the Judicial Council.
The guidelines set out indicative award ranges for different categories of injury by reference to severity, location, and duration.
General damages compensate for pain and suffering, loss of amenity, and the non-financial impact of the injury.
Special damages cover quantifiable financial losses, including medical expenses, loss of earnings, and rehabilitation costs.
The Injuries Resolution Board applies the guidelines in assessing claims submitted to it.
Q: Can I bring a car accident claim if I was a passenger in the vehicle rather than the driver?
A: In Ireland, a passenger injured in a car accident may bring a personal injury claim against the driver of the vehicle in which they were travelling, against the driver of another vehicle involved in the accident, or against both, depending on the circumstances.
A passenger is generally not required to establish their own freedom from fault in the same way as a driver, though the circumstances of the accident will be assessed.
Coleman Legal’s solicitors can advise on the appropriate respondents in a passenger injury claim.
Q: What role does a Garda report play in a car accident claim in Ireland?
A: In Ireland, a Garda report is an important piece of evidence in a car accident claim.
All road traffic accidents must be reported to An Garda Siochana, and where Garda attend the scene, they will record the circumstances, identify the parties, and prepare an official report.
The Garda report may record admissions of fault, details of the road and weather conditions, witness information, and whether any party was prosecuted for a road traffic offence.
It forms part of the evidence gathered by a solicitor in investigating a car accident claim and may be relied upon in the IRB process or court proceedings.
Q: Does dash cam footage materially strengthen a car accident claim in Ireland?
A: In Ireland, dash cam footage can significantly strengthen a car accident claim where it captures the circumstances of the accident.
Footage showing the other driver’s behaviour, the point of impact, road and traffic conditions, and the sequence of events immediately before the accident provides direct evidence of what occurred.
It can corroborate or contradict accounts given by the parties, and, where available, it should be preserved as soon as possible after the accident to avoid overwriting.
A solicitor can advise on how to secure and present footage as part of the evidence in your claim.
