Useful information

• Personal Injury Claim
• Road Accident Claim
• Serious Injury Claim
• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

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 have an adverse effect on your capacity to return to work, be detrimental to your finances, and affect your mental health and wellness. To speak with one of our experienced car accident claim solicitors, call Free Phone (1800)844104 or complete our online enquiry form.

Am I entitled to a claim?

If you have been involved in a road traffic accident as a driver, passenger, or pedestrian, and If the cause of the road traffic accident was not your fault, you may be eligible to seek legal remedy and claim any personal injuries and psychological injuries sustained, such as post-traumatic stress disorder. The claim will also take into account the potential long-term negative effects that the accident can have on the victim’s quality of life and any additional expenses incurred as a result of the accident, such as fees for medical treatment and loss of earnings as a result of the accident.

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 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 amount of 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 as a result of the accident. This can include loss of earnings due to time off work, the cost of medical treatment, rehabilitation, and any other expenses such as travel to and from hospital appointments.

3. Material damages

Material damages refer to any damage caused to your personal property, for example, damage to your vehicle in a car accident. You can claim for the cost of repairing your vehicle or the value of your vehicle 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. It is advisable to seek the help of a qualified car accident solicitor who can provide you with legal advice, guide you through the claims process, and ensure that you receive the maximum amount of compensation that you are entitled to.

Common car accidents

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, road traffic accident claims such as car crashes, bicycle, and motorcycle crash claims are among the most common cases to be submitted to the Personal Injuries Board by solicitors. Negligent behaviours and actions on the road by drivers can lead to many unfortunate road traffic accidents. The majority of all claims submitted to the Personal Injuries Board were Motor Liability claims.

What do you do in case of a car accident?

1. Seek medical attention

The first and most crucial step after a road traffic accident is to seek medical attention for anyone involved in the incident. Even if you feel okay immediately after the accident, it’s crucial to see a medical professional as minor injuries may become more serious over time. I always advise my clients to go to the nearest A&E or see their GP as soon as possible, regardless of the severity of their injuries.

2. Collect any information relevant to the accident and any future claim

Such information could include:

• Details of everyone involved in the accident, particularly any drivers, including name, address, contact information, vehicle registration number and insurance information
• Contact details of any emergency service workers who attend the incident
• Photographs of the scene from different angles
• Any CCTV footage of the accident
• Dash cam footage
• The date, time, and weather conditions at the time of the accident
• Receipts of any expenses you have incurred due to the accident
• Copies of Garda reports or any medical reports are very important for any future claim

3. Contact the Gardaí

No matter how minor the accident is, it’s crucial to report it to the Gardaí. If they don’t attend the scene, you should visit your local Garda station and ask them to record the details of the incident and take a statement from you. Reporting the accident will help you to obtain a copy of the Garda report, which may be valuable in supporting any future claim.

4. Contact your insurance provider

If you are involved in a car accident, you should notify your insurance company. This is essential regardless of whether you are making a claim or not, as your insurance policy may require you to report any accidents.

5. Contact a car accident solicitor

If you are considering making a claim for compensation, it’s essential to contact a personal injury solicitor as soon as possible after the accident. A solicitor can guide you through the claims process, help you to avoid unnecessary delays, and ensure that you receive the compensation you deserve. As an experienced personal injury solicitor, I can provide you with expert legal advice and support to help you achieve the best possible outcome for your case.

Car accident law in Ireland

Car accident law refers to legal rules that determine who is responsible for the personal and property damage resulting from a road traffic collision. This area of law consists of the principles of negligence.

Car accident victims must prove the same basic four elements in order to recover compensation. These elements are:

• Duty – drivers have a legal obligation to obey the rules of the road and operate their vehicles in a reasonable manner.
• Breach – the plaintiff will usually be required to 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 defendant’s 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 defendant’s conduct is what produced the damage to the other person or vehicle.

Claim process

1. Contact our solicitors

Our car accident claim solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.

2. The PIAB Application

The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:

• Workplace injury
• Road traffic accidents
• Catastrophic injury
• Accidents in public places

3. Submitting information and documents to PIAB

Your solicitor will obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.

4. Consent to assess the claim

Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.

5. Claim assessment time

If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant.

If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.

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 scene of the accident, make sure you visit the doctor afterward, as injuries may present themselves at a later stage.
• Write down all details of the accident as soon as possible; even small details which may seem minor at the time may assist your future case.

Statute of Limitations

You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a nerve damage claim, click here.

Duty of care for road maintenance

In certain instances, injuries sustained in a major road accident weren’t the fault of another road user, but instead the authority who have failed in their responsibility for maintaining the roads in a safe condition. In most circumstances, this would be the responsibility of the local council, but utility companies and even private homeowners may be liable for creating a hazard on the roads.

However, it is worth noting that a council’s duty of care to maintain the roads in a safe condition is not absolute. For example, if a hazard that caused your accident suddenly appeared, which the Council couldn’t have ‘reasonably’ been expected to repair in the length of time available to them, then you might not be able to make a car accident injury claim at all.

Our team

If you have been involved in a car accident or suffered an injury at the hands of another person, we would advise all persons to contact our injury claim solicitors at the earliest available opportunity. If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contacted us at

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply