Road traffic accidents*
If you were involved in an accident, whether you were a driver, passenger or pedestrian, within the last two years and suffered an injury you may be entitled to make a claim for compensation.By law all drivers must have at a minimum third party insurance cover. Therefore if a driver causes an accident his/her insurers will be covering the accident and any injury to a third party i.e. pedestrians, cyclists, other drivers, passengers. If the other driver in an accident is uninsured or leaves the scene of an accident your claim is likely to be covered by the Motor Insurers Bureau of Ireland which was established to specifically cover such road traffic accidents *.
If the injury is serious an ambulance should be called. Should an ambulance not be required, after exchanging details as set out below you should then obtain medical treatment as quickly as possible thereafter by attending the Accident and Emergency department of your nearest hospital or making an emergency appointment with your GP. This is important even if following the road traffic accident accident you did not feel that your injuries were particularly serious. Should there be an unjustifiable gap between the date of your road traffic accident and the date on which your injuries were recorded in your medical history, your road traffic accident compensation claim * could be contested on the grounds that you injuries were not sufficiently serious to warrant medical attention at the time of the road traffic accident and that they may have been caused by some other event.
The Gardai will attend at the scene and take statements from the various parties and witnesses.
If the Gardai indicate that they will not be attending the scene, there will still be a note of the call to the Gardai and it is important that you visit the local Garda Station afterwards to provide exact details of the road traffic accident.
You should keep a copy of this report for your solicitor.
Take details from the other driver including name, insurance, car make and registration number.
Modern technology can assist greatly here in that most people carry mobile phones with camera facilities.
This will allow you to take a picture of the accident scene itself, the debris, the car registration, road conditions etc to support your claim.
Take details from any witnesses
Often it is a condition of an insurance policy not to admit liability following an accident and so it is wise not to admit liability in case your policy is invalidated.
If you were involved in a car accident within the last two years and sustained an injury , you may be entitled to make a claim for compensation for the car accident if the accident was the fault of another driver.
By law all drivers must have at a minimum third party insurance cover. Therefore if a driver causes an accident his/her insurers will be covering the accident and any injury to a third party i.e. you as a driver or your passengers.
If the other driver in an accident is uninsured, cannot be traced or leaves the scene of an accident (hit and run) your claim does not end there and may be covered by the Motor Insurers Bureau of Ireland (MIBI) which was established to specifically cover such road traffic accidents.
Before car accident claims against an unknown driver can be made, it is important that your accident is reported to the Gardai in order that they can attempt to trace the owner of the vehicle using technology such as roadside cameras and CCTV. The MIBI are unlikely to entertain any claims for car accident injuries unless it can be shown that every effort has been made to trace the negligent driver responsible for the car accident.
An application is first of all required through the Injuries Board. Whilst you can make this application without the involvement of a solicitor it is not recommended. Your claim must be accompanied by a medical report, Garda report where available and details of your special damages. Advice from a good solicitor is important when it comes to special damages to ensure you are receiving an adequate settlement to cover your losses. Claiming the right amount of special damages can often make the difference between receiving an adequate settlement or being under-compensated, therefore it is always better to seek advice from a specialist personal injuries solicitor* in relation to a car accident compensation claim*.
Once your claim is lodged with the Injuries Board, the Injuries Board will contact the driver or their insurers to first of all seek their consent to the assessment of your car accident claim by the Injuries Board. If they agree to the injuries board making an assessment of your car accident claim, an independent medical examination will be organised at this stage. Once this examination is complete, the Injuries Board will issue their assessment. If you are in agreement with the assessment, an Order to Pay will issue and your car accident claim will be settled.
It should be noted that it is common practice for insurance companies to make an approach to injured parties following a car accident to try and reach an early settlement. Often these approaches are below what your solicitor would deem to be adequate compensation for your injuries. If you engage a personal injury claims solicitor* at the beginning of your car accident claim, they will however be able to negotiate on your behalf to agree a more appropriate settlement.
It is important to take professional advice before accepting a settlement with an insurance company as once you accept an offer of compensation for the car accident, it is final. This can have huge ramifications in a scenario where you did not fully understand the nature of your injury and further medical bills or loss of earnings are incurred.
Should the claim not be resolved through the Injuries Board in circumstances where the Injuries board is unable to make an assessment, the other side refuse an assessment or in circumstances where the assessment is not adequate then the matter will proceed to Court in the normal course once an authorisation letter is issued from the Injuries Board.
It may be the case that your claim is still settled after proceedings are issued and it is often the case that claims for compensation for injuries in a car accident are settled between the solicitor for the injured party and the insurers of the negligent party.
Pedestrian accidents* are unfortunately a common occurrence with hundreds of pedestrians killed or injured every year. Road accidents involving pedestrians are the biggest single cause of injury to pedestrians and unfortunately are continuing to show an upward trend.
It may be the case that the accident is the fault of the pedestrian themselves ie where a child runs out in front of a car and the driver being so close could not avoid impact. In such circumstances the driver may not be at fault. If the driver was for instance speeding , then the accident could be deemed to be the fault of the driver
A further example of pedestrian accidents* where you are likely to have a strong case is where a pedestrian is knocked down on a pavement or hit at a pedestrian crossing or at traffic lights.
To succeed in a claim for compensation for personal injuries* sustained in a pedestrian accident, the plaintiff must first of all have sustained an injury whether it be physical or psychological . Secondly the driver must have been negligent and in breach of the duty of care owed to pedestrians on the road. Sometimes this can be hard to show in an accident. Sometimes there can be several factors contributing to an accident ie the pedestrian walked out in front of a vehicle . In certain circumstances, the court might agree that the pedestrian was partially at fault for the accident and confirm that contributory negligence applies. In these circumstances part of the accident may be deemed to be the fault of the pedestrian and the compensation is reduced accordingly. If for instance the court found that the pedestrian was 20% responsible for the accident, the compensation awarded to the pedestrian will be reduced by 20%.
Compensation for Pedestrian accidents include general damages which is compensation for the actual injury and in addition may include special damages which covers compensation for loss of earnings, medical expenses etc.
Motorbike users are a vulnerable category of road user. Without the shell of a car to protect them, it is inevitable that following a motorbike accident, * the motorcyclist is likely to come off the worst. The impact of an accident can result in the driver being thrown from his motorbike hitting the road, another vehicle or a wall causing major injuries. Drivers have an obligation to drive with due care and consideration for other road users however there are unfortunately a large number of motorbike accidents in Ireland.
An application is first of all required through the Injuries Board. Whilst you can make this application without the involvement of a solicitor it is not recommended. Your claim must be accompanied by a medical report, Garda report ,where available, and details of your special damages. Advice from your solicitor is important when it comes to special damages to ensure you are receiving an adequate settlement to cover your losses. Claiming the right amount of special damages can often make the difference between receiving an adequate settlement or being under-compensated, therefore it is always better to seek advice from a specialist personal injuries* solicitor in relation to a motorbike accident compensation claim*.
Once your claim is lodged with the Injuries Board, the Injuries Board will contact the driver or their insurers to first of all seek their consent to the assessment of your motorbike accident claim* by the Injuries Board. If they agree to the injuries board making an assessment of your claim, an independent medical examination will be organised at this stage. Once this examination is complete, the Injuries Board will issue their assessment. If you are in agreement with the assessment, an Order to Pay will issue and your motorbike accident claim* will be settled.
It should be noted that it is common practice for insurance companies to make an approach to injured parties following an accident to try and reach an early settlement. Often these approaches are below what your solicitor would deem to be adequate compensation for your injuries. If you engage a personal injury claims* solicitor at the beginning of your motorbike accident claim*, they will however be able to negotiate on your behalf to agree a more appropriate settlement.
It is important to take professional advice before accepting a settlement with an insurance company as once you accept an offer of compensation for the accident, it is final. This can have huge ramifications in a scenario where you did not fully understand the nature of your injury and further medical bills or loss of earnings are incurred.
Should the claim not be resolved through the Injuries Board in circumstances where the Injuries board is unable to make an assessment, the other side refuse an assessment or in circumstances where the assessment is not adequate then the matter will proceed to Court in the normal course once an authorisation letter is issued from the Injuries Board.
It may be the case that your claim is still settled after proceedings are issued and it is often the case that claims for compensation for injuries in a motorbike accident are settled between the solicitor for the injured party and the insurers of the negligent party.
The level of compensation you are entitled to is divided into two – general damages and special damages. General damages cover the compensation that is awarded to you for your actual injury due to the motorbike accident. This will be calculated on the circumstances of your case depending on the extent of your injuries both psychological and physical.
In addition to these general damages, you will be able to recover special damages which cover loss of earnings, medical care, travel expenses ie alternative travel expenses where you are unable to drive and similar expenses.
If you contributed to the accident in any way then you may be deemed to be responsible for a portion of the accident. If you are deemed to have contributed towards the accident, a percentage will be awarded against you in relation to your contributory negligence and this will be deducted or reduced from your settlement.
Bicycle users are one of the most vulnerable categories of road user. Without the shell of a car to protect them, it is inevitable that following a bicycle accident, the cyclist is likely to come off the worst. The impact of an accident can result in the cyclist being thrown from his bicycle hitting the road, another vehicle or a wall causing major injuries. Drivers have an obligation to drive with due care and consideration for other road users however there are unfortunately a large number of bicycle accidents in Ireland.
An application is first of all required through the Injuries Board. Whilst you can make this application without the involvement of a solicitor it is not recommended. Your claim must be accompanied by a medical report, Garda report ,where available, and details of your special damages. Advice from a personal injury solicitor is important when it comes to special damages to ensure you are receiving an adequate settlement to cover your losses. Claiming the right amount of special damages can often make the difference between receiving an adequate settlement or being under-compensated, therefore it is always better to seek advice from a specialist personal injuries* solicitor in relation to a claim.Once your claim is lodged with the Injuries Board, the Injuries Board will contact the driver or their insurers to first of all seek their consent to the assessment of your bicycle accident claim* by the Injuries Board. If they agree to the injuries board making an assessment of your claim, an independent medical examination will be organised at this stage. Once this examination is complete, the Injuries Board will issue their assessment. If you are in agreement with the assessment, an Order to Pay will issue and your bicycle accident claim will be settled.
It should be noted that it is common practice for insurance companies to make an approach to injured parties following an accident to try and reach an early settlement. Often these approaches are below what your solicitor would deem to be adequate compensation for your injuries. If you engage a personal injury claims* solicitor at the beginning of your bicycle accident claim, they will however be able to negotiate on your behalf to agree a more appropriate settlement.
It is important to take professional advice before accepting a settlement with an insurance company as once you accept an offer of compensation for the accident, it is final. This can have huge ramifications in a scenario where you did not fully understand the nature of your injury and further medical bills or loss of earnings are incurred.
Should the claim not be resolved through the Injuries Board in circumstances where the Injuries board is unable to make an assessment, the other side refuse an assessment or in circumstances where the assessment is not adequate then the matter will proceed to Court in the normal course once an authorisation letter is issued from the Injuries Board.
It may be the case that your claim is still settled after proceedings are issued and it is often the case that claims for compensation for injuries in a bicycle accident are settled between the solicitor for the injured party and the insurers of the negligent party.
The level of compensation you are entitled to is divided into two – general damages and special damages. General damages cover the compensation that is awarded to you for your actual injury due to the bicycle accident. This will be calculated on the circumstances of your case depending on the extent of your injuries both psychological and physical.
In addition to these general damages, you will be able to recover special damages which cover loss of earnings, medical care, travel expenses ie alternative travel expenses where you are unable to drive and similar expenses.
If you contributed to the accident in any way then you may be deemed to be responsible for a portion of the accident.
Cyclists can be hard to see especially in poor weather conditions or at night and therefore it is important that adequate lighting and hi vis clothing is worn by a cyclist to avoid a contributory negligence claim.
If you are deemed to have contributed towards the accident, this percentage will be deducted or reduced from your settlement award to reflect your contributory negligence level.
If you would like to find out whether you are entitled to make a personal injuries claim* following a road traffic accident contact us to obtain specialist advice by calling 01 234 0044, or by filling out our online assessment form. Your enquiry will be forwarded to a solicitor who specialises in Personal Injuries *.
