5 steps to take after a road traffic accident in Ireland
1. Prioritise safety and seek medical attention
Prioritise your health: The first priority following a road traffic accident is the safety of everyone involved.
If anyone has been injured, call 112 or 999 immediately to request emergency medical assistance.
Move vehicles if safe to do so: Where possible and safe, move vehicles out of the flow of traffic to prevent further collisions.
If the vehicles cannot be moved safely, leave them in place and wait for the emergency services.
Seek medical attention: Even if your injuries appear minor, it is important to obtain medical treatment as soon as possible.
Some injuries may not become apparent immediately, and medical records can provide important evidence if you later pursue a claim.
2. Collect information at the scene
Exchange details: Obtain the names, addresses, contact details, vehicle registration numbers, and insurance information of all drivers involved.
Document the accident: Take photographs of the vehicles, the accident scene, road conditions, traffic signs, and any visible injuries where appropriate.
Gather witness details: If there are witnesses, obtain their names and contact information, as their evidence may assist in establishing how the accident occurred.
3. Report the incident
Notify An Garda Síochána: If anyone has been injured, significant damage has occurred, or there is a dispute regarding the circumstances of the accident, the incident should be reported to An Garda Síochána.
Keep records: Retain copies of any Garda reports, correspondence, medical records, repair estimates, and other documentation relating to the accident.
4. Seek legal advice
Consult a solicitor: Obtaining legal advice at an early stage can help protect your interests and ensure that the appropriate evidence is gathered and preserved.
Understand the claims process: Most road traffic accident claims in Ireland must first be submitted to the Injuries Resolution Board (IRB) before court proceedings can be commenced.
A solicitor can advise on the appropriate steps, prepare the necessary documentation, and guide you through the claims process.
5. Understand compensation and legal obligations
Compensation: The value of a road traffic accident claim will depend on a range of factors, including the nature and severity of the injuries, the impact on your daily life, medical expenses, loss of earnings, and any future care requirements.
Contributory negligence: If you are found to have contributed to the accident or the extent of your injuries, any compensation awarded may be reduced.
Examples may include failing to wear a seatbelt or otherwise failing to take reasonable care for your own safety.
If you have been injured in a road traffic accident, seeking legal advice as early as possible can help ensure that your rights are protected and that your claim is progressed within the applicable time limits.
What can be done to strengthen a possible claim?
- Take clear photographs of any visible injuries you sustained.
- Capture images of your vehicle and the accident scene, if possible.
- If you didn’t seek medical attention at the scene, visit a doctor afterwards, as injuries may become apparent later.
- Write down all the accident details as soon as you can. Even small details may play a crucial role in strengthening your case.
Am I entitled to a claim?
If you have been involved in a road traffic accident as a driver, passenger, or pedestrian, and the accident was not your fault, you may be entitled to seek compensation for your injuries.
This includes both physical injuries and psychological trauma, such as post-traumatic stress disorder. Your claim will also consider any long-term effects on your quality of life and expenses incurred, including medical treatment costs and lost earnings.
At Coleman Legal LLP, our experienced road traffic accident solicitors are here to guide you through the claims process and ensure you receive the compensation you deserve.
Types of claim
The following are some examples of injuries that you could sustain from a road accident.
- Car Accident Claim
- Bicycle Accident Claim
- Motorcycle Accident Claim
- E-Bike / E-Scooter Accident Claim
- Taxi Accident Claim
- Bus Accident Claim
- Pedestrian Accident Claim
- Public Transport Accident Claim
- Luas Accident Claim
- Other Major Road Traffic Accident claims
Compensation amount
If you’ve been involved in a road traffic accident, the compensation you may be entitled to is generally divided into three categories:
1. General damages
These damages compensate for non-financial losses, including physical injuries and the pain and suffering caused by the accident.
2. Special damages
Special damages cover the financial costs directly linked to the accident, such as loss of earnings, travel expenses to medical appointments, and treatment-related bills
3. Material damages
Material damages address repairing or replacing personal property, such as vehicle damage resulting from the accident. At Coleman Legal LLP, we understand how traumatic a road traffic accident can be.
We are here to help you navigate the claims process.
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 road traffic accident claim, click here.
Frequently Askes Questions
What should I do if the other driver refuses to share their details after an accident?
In Ireland, the Road Traffic Act 2010 requires all drivers involved in an accident to provide their name, address, and vehicle registration to anyone involved who requests it.
If the other driver refuses, note their registration plate where possible and report the matter to the Gardai immediately.
Your solicitor can assist in identifying the driver through official channels, including through an MIBI application if the driver was uninsured or cannot be traced.
Is it mandatory to report every road traffic accident to the Gardai?
In Ireland, you must report a road traffic accident to the Gardai where it results in injury to any person, significant property damage, or where the other driver fails to provide their details.
If the Gardai do not attend the scene, you should visit your nearest Garda station to file a report.
A Garda report constitutes important evidence in any subsequent personal injury claim.
How does the Injuries Resolution Board (IRB) process apply to road accident claims in Ireland?
In Ireland, personal injury claims arising from road traffic accidents must generally be submitted to the Injuries Resolution Board (IRB) before court proceedings can be issued.
Your solicitor prepares and submits the IRB application, supported by medical reports and other evidence. The respondent is notified and must indicate whether they consent to the IRB assessment.
If both parties accept the IRB’s assessment, it has the same force as a court order.
If either party declines, the IRB issues an authorisation to proceed to court.
Can a passenger in a vehicle involved in a road traffic accident make a personal injury claim?
In Ireland, a passenger who sustains injuries in a road traffic accident may pursue a personal injury claim regardless of which vehicle was at fault.
The claim is typically brought against the driver whose negligence caused the accident, or their insurer.
Under the Civil Liability Act 1961, contributory negligence, for example, failing to wear a seatbelt, may reduce the amount of any damages awarded to reflect the passenger’s contribution to the extent of their injuries.
What should I do if injuries from a road accident only become apparent days or weeks afterwards?
In Ireland, some injuries, including soft tissue injuries, concussion, and psychological conditions such as post-traumatic stress disorder, may not be immediately apparent following a road traffic accident.
You should seek medical attention as soon as symptoms develop.
The two-year limitation period for personal injury claims runs from the date of the accident or, where relevant, the date on which you first became aware that you had sustained an injury linked to the accident, known as the date of knowledge under the Statute of Limitations (Amendment) Act 1991.
