Public Transport Accident Claim
You might be eligible for a compensation claim if you were involved in an accident as a pedestrian that wasn’t your fault. Compensation for a pedestrian hit by a car or a bike may include both physical and psychological injuries.
Public transport accident claim
If you or a loved one has suffered an injury while using public transportation, we can assist you in filing an accident claim to recover the costs of your injuries and the impact this accident had on your life.
The claim will also consider 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.
Types of injuries
You could sustain any of the following injuries in a public transportation accident.
- Whiplash, caused by a collision or a sudden stop.
- A concussion brought on by a fall while using public transportation.
- Cuts, bruises, or fractured bones brought on by a collision with another vehicle.
- A crush injury sustained right after hopping off the bus
What do you do in case of a public transport accident?
1. Seek medical attention
First, ensure everyone receives immediate medical attention if necessary. Even if you have only suffered a minor injury, we recommend you present yourself at the nearest A&E or meet with your GP. Even if you feel okay immediately after the incident, a minor injury may become more serious.
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
It is essential that you report any accident to the Gardaí, no matter how minor. If it is minor and the Gardaí does not attend the scene, you must visit your local station and request they record the details of the incident and take a statement for you.
4. Contact your insurance provider
If you are driving a vehicle involved in a car accident, you should notify your insurance company.
5. Contact a public transport accident solicitor
It is advisable that you reach out to a solicitor as soon as possible after the accident if you are considering making a claim. A solicitor can guide you through the claims process and help you to avoid unnecessary delays.
1. Contact our solicitors
Our public transport accident 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:
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.
How much compensation you receive for a road accident is dictated by two legally binding documents known as:
The “Book of Quantum” and
The recently published Personal Injuries Guidelines by the Judicial Council of Ireland.
The Book of Quantum dictates how much compensation you are owed if your Authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.
The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out 4 steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:
- Identify the category of injury
- Assess the severity of the injury (through medical reports and records)
- Research the value range
- Consider the effect of multiple injuries
The Personal Injuries Guidelines were adopted by The Judicial Council on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation in respect of general damages. The general principles for this assessment centre on three criteria:
- Awards of damages must be fair and reasonable to both the claimant and the defendant(s)
- Awards must be proportionate to the injuries sustained
- Awards must be compared on a scale of injuries that are both of a lesser and greater magnitude
One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. The new guidelines have, however, provided more detail and more explanation for claimants, which is overall a welcomed change to the process of making a personal injury claim.
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.
If you have been involved in a public transport accident, and If the cause of the 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.
Coleman Legal LLP
84 Talbot Street, Dublin 1
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