Car Accidents

Car accidents (also known as road traffic accident) are unfortunately a common occurrence in Ireland and they are the most common cause of personal injury claims in Ireland. We specialise is car accident claims and can guide you through the process.

Are You Entitled to Claim?

The fact that you were injured in a car accident does not entitle you to compensation. For you to be entitled to compensation the accident must be somebody else’s fault. You may have a claim as a driver, passenger, pedestrian or cyclist.

If the driver at fault was not properly insured or if the other vehicle left the scene of the accident (“hit and run”) before you were able to obtain any details of the other vehicle or the other driver, you will still have a claim against the Motor Insurer’s Bureau of Ireland (MIBI).

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What Should You Do After a Car Accident?

Seek Medical Help

The most important thing to prioritise after a car accident is your health and the health of all the people involved such as passengers and other drivers. If anyone may have suffered an injury, phone an ambulance immediately. Medical attention is not always required at the scene of the accident, however this does not mean that the accident has not caused a personal injury. Whiplash and soft tissue injuries may not become apparent for some time after the accident. The psychological effects of the accident may also not be apparent for some time. If you develop symptoms after the accident you should contact your GP.

Gather information at the scene

You should gather the following information:
- Details of other drivers and people involved including: name, address, contact details, licence plate number, insurance details. You should also give your information to the other people involved.
- Name and contact details of any Gardaí and paramedics
- Name and contact details of any witnesses of the accident
- Keep a note of the time and date of the accident along with the road conditions (was the road wet or dry?)
- Take pictures of the damage to all vehicles from different angles
- Take pictures of the scene showing the position of the vehicles especially any skid marks and oil spills.
- If you have dash-cam footage make sure to save it
- If there are CCTV cameras in the area that may have recorded the accident you should try to get a copy of the recording. If you want us to do this for you we will need to know as soon as possible after the accident to secure the recording before deletion.

Make the road safe

You should consider the safety of everyone involved and the safety of other road users. You should preserve the scene of the accident if possible and only move vehicles if causing an obstruction or at risk of causing another accident. You should try to maintain the scene of the accident in the way that the accident occurred until it has been properly recorded by the Gardaí if they attend at the scene.
If you are moving vehicles you should take pictures of the scene from all angles possible before doing so. Close up pictures and more particularly photos from a distance showing the overall scene will be useful.
If moving vehicles it is important to mark the locations of all vehicles before doing so with whatever is available such as leaving a marker/stick or other item on the side of the road where the vehicle was prior to being moved.

Report the accident to the Gardaí

It is always important that you call the Gardaí to report the accident immediately. If the Gardaí tell you that it was a minor accident and they will not be attending the scene then you should gather the details outlined above and then visit the nearest Garda station and request that they take details of the accident and take your statement about what happened.

Contact an Engineer

If there is likely to be a dispute about liability it may be necessary to engage an engineer to examine the scene and take photographs as soon as possible after the accident has occurred or to assess the damage to your vehicle. There may be evidence such as skid marks, oil, debris and glass on the road for a short period after the accident which could make help you prove who is liable for the accident. A report on the damage to the vehicle may be advisable before repairs take place.
We will be able to advise you whether an engineer is required given the circumstances of your accident.

Timeline for Notifying a Claim

You have an obligation to notify the party you believe was responsible of your intention to bring a claim for the accident within 30 days of the accident occurring. If you do not do so it may harm your claim but it does not prevent you from making your claim.
The timelines for submitting a claim vary depending on the type of claim being made. In most cases it is a 2-year limit from the date of the accident or date of knowledge of the injury depending on the circumstances involved.
You should contact us as soon as possible to determine if you have a claim and which time limits apply.

Notify your own insurance company

Even if you were not at fault in any way for the accident it is advisable to notify your own insurance company. This protects you if somebody claims later on that you were at fault. If you do not notify your insurance company then you risk them refusing to indemnify you if a claim is made against you. You should tell your insurance company that you were not liable for the accident.
If your vehicle is damaged from the accident it is usually not advisable to claim on your own insurance because that will be a claim on your policy. While the process may take longer it is better to pursue the claim for damage on the other driver’s insurance policy

Be careful dealing with the other driver’s insurance company

The other driver’s insurance company may offer to pay for the repair of your car or where it is written-off they may make an offer for the value of the car. If you have to rent a car for a period while your car is getting fixed you should ensure that this cost will be covered by the insurer. You are entitled to negotiate these amounts and we are experienced at negotiating these matters on behalf of our clients.
Where you need to be careful is where the claims handler starts to offer compensation for your injuries and for paying your medical or physio expenses. While it may be appealing to accept a quick settlement, this may be well below the actual value of your claim. The issue with settling a claim too quickly is that you may not yet know the extent of your injuries and loss of earnings so you may be losing out on getting your correct compensation. If you accept such a payment in full and final settlement of your claim then you may not be able to undo this action.
This can be a tricky area for you to know what is best and you can call us to help guide you in the right direction.

Contact a specialist Personal Injury solicitor for guidance

If you think you may have a claim you can contact us now to assist you with the claim for damage to your vehicle and any PIAB applications that need to be made ensuring they are done correctly so difficulties which could harm your claim would not arise later.
It is important that you contact us as soon as possible after the accident so that you do not miss any deadlines. We help guide you through all steps of your claim with PIAB and ensure that the application is done correctly so that your claim can progress quickly.
You should keep receipts for all expenses caused by the accident such as medical visits, prescriptions, physio visits, car repairs as these will be needed to prove your claim for expenses.

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What Should You Not Do After a Car Accident?

If the Gardaí have been called you should not leave the scene until after they have arrived and they have informed you that you can leave
Do not leave the scene until you have exchanged name, address, contact details, licence plate number and insurance details with the other drivers involved.
Do not admit liability for the accident. Sometimes people say things out of shock or to make the other driver feel better. Your insurance company may refuse to cover you for the accident if you admit liability at the scene. This can affect your right to compensation if the other drivers say the accident was your fault and that you admitted fault at the scene.
Do not make a formal statement to the Gardaí before getting legal advice. If the Gardaí ask for a statement, tell them you will make the statement at a later date and then get legal advice.