The claim process
1. Contact our solicitors
Our road traffic accident solicitors can advise you on your legal rights and guide you through the claims process.
Many people choose to instruct a solicitor to assist with gathering evidence, preparing documentation, and ensuring that the claim progresses efficiently.
2. Application to the Injuries Resolution Board (IRB)
Most road traffic accident claims in Ireland must first be submitted to the Injuries Resolution Board (IRB) before court proceedings can be commenced.
Examples of claims that may be submitted to the IRB include:
- Car accident claims
- Motorcycle accident claims
- Bicycle accident claims
- Pedestrian accident claims
- Bus and public transport accident claims
Certain categories of claims, including medical negligence claims, are exempt from the IRB process.
3. Gathering supporting evidence
Your solicitor will obtain the evidence required to support your claim, including:
- Medical reports
- Garda reports where available
- Witness statements
- Photographs and CCTV footage
- Evidence of financial losses and expenses
Additional expert evidence may be obtained where necessary.
4. Notification to the respondent
Once the application has been submitted, the Injuries Resolution Board will notify the respondent and provide an opportunity to consent to the assessment process.
If consent is provided, the claim will proceed through the IRB assessment process.
If consent is refused, the IRB will issue an Authorisation allowing court proceedings to be commenced.
5. Assessment and resolution
The Injuries Resolution Board will assess the claim based on the available evidence.
If both parties accept the assessment, the claim may be resolved without the need for court proceedings.
If either party rejects the assessment, the claimant may proceed with legal action in court.
The time required to resolve a road traffic accident claim will depend on the circumstances of the accident, the severity of the injuries sustained, and whether liability is disputed.
Compensation amount
The amount of compensation awarded in a road traffic accident claim depends on the nature and severity of the injuries sustained, the impact on the claimant’s daily life, and any financial losses arising from the accident.
In Ireland, compensation for personal injury claims is assessed primarily by reference to the Personal Injuries Guidelines adopted by the Judicial Council.
These Guidelines are used by the courts and the Injuries Resolution Board (IRB) when assessing general damages for pain and suffering.
When assessing compensation, a number of factors may be considered, including:
- The nature and severity of the injury
- The duration of symptoms and recovery
- Whether surgery or ongoing medical treatment is required
- The impact of the injury on work and daily activities
- Any permanent disability or long-term consequences
- The effect of multiple injuries where more than one injury has been sustained
In addition to general damages for pain and suffering, an injured person may also be entitled to recover special damages, including:
- Medical and rehabilitation expenses
- Loss of earnings
- Travel expenses
- Care and assistance costs
- Other out-of-pocket expenses arising from the accident
For older claims where an Authorisation was issued before 24 April 2021, the Book of Quantum may still be relevant.
However, most road traffic accident claims are now assessed under the Personal Injuries Guidelines.
Compensation amount in detail
General damages
Compensation for pain and suffering, physical injuries, psychological injuries, and any reduction in quality of life arising from the accident.
Special damages
Compensation for financial losses directly caused by the accident, including:
- Medical expenses
- Rehabilitation costs
- Loss of earnings
- Travel expenses
- Care and assistance costs
- Other out-of-pocket expenses
Material damages
Compensation for damage to personal property, including vehicle damage and other property damaged in the collision.
What can be done to strengthen a possible claim?
- Take photographs of any visible injuries
- Take photographs of the vehicles and accident scene where possible
- Seek medical attention as soon as possible, even if injuries initially appear minor
- Keep records of all expenses arising from the accident
- Retain copies of medical reports and Garda documentation
- Write down the details of the accident while they remain fresh in your memory
- Obtain witness details where possible
Statute of Limitations
In most cases, personal injury claims arising from a road traffic accident must be brought within two years less one day from the date of the accident or the date of knowledge of the injury.
Where the injured person was under the age of 18 at the time of the accident, different limitation rules apply.
We recommend seeking legal advice as soon as possible to ensure that your rights are protected and that important evidence is preserved.
Frequently Asked Questions
What happens when a road traffic accident in Ireland results in a fatality?
When a road traffic collision results in death, An Garda Síochána will typically conduct a formal investigation and a coroner will usually become involved.
An inquest under the Coroners Act 1962 may be held to establish the cause of death. In some circumstances, criminal proceedings may also arise.
These processes are separate from any civil claim.
Dependants of the deceased may be entitled to bring a claim under the Civil Liability Act 1961, including claims relating to the loss of financial dependency.
How does contributory negligence affect a major road traffic accident claim in Ireland?
Under the Civil Liability Act 1961, where an injured person is found to have contributed to the accident or their injuries through their own negligence, any damages awarded may be reduced proportionately.
Examples of contributory negligence may include failing to wear a seatbelt, driving while distracted, or exceeding the speed limit.
A finding of contributory negligence does not automatically prevent a claim but may reduce the amount of compensation recoverable.
Can I bring a claim against a local authority if poor road conditions caused my accident?
A local authority responsible for maintaining a public road owes a duty to ensure that the road is reasonably safe for road users.
Where a defect in the road surface caused or contributed to an accident and the authority knew, or ought reasonably to have known, about the defect, a claim may arise against the local authority.
Evidence showing previous complaints, reports, or a prolonged period of disrepair may strengthen such a claim.
What is the Motor Insurers’ Bureau of Ireland (MIBI) and when does it apply?
The Motor Insurers’ Bureau of Ireland (MIBI) provides compensation in certain circumstances where an accident is caused by an uninsured or unidentified driver.
Where the responsible driver was uninsured or cannot be traced, a claim may be brought through the MIBI, subject to the applicable eligibility requirements and procedures.
What four legal elements must I prove to succeed in a road traffic accident claim in Ireland?
A successful road traffic accident claim generally requires proof of four elements:
- Duty: The defendant owed a duty of care to the claimant.
- Breach: The defendant failed to meet the standard of care expected of a reasonably careful road user.
- Causation: The defendant’s breach caused the accident and resulting injuries.
- Harm: The claimant suffered actual loss, including physical injury, psychological injury, or financial loss.
All four elements must generally be established on the balance of probabilities.
