Road Traffic Accident *
Road traffic accidents are a common occurrence on Irish roads and happen for a variety of different reasons to include driver error. At Maurice Leahy Wade we know that being involved in a car accident can be a traumatic experience whether you are the driver, passenger, cyclist or pedestrian. If the accident was not your fault then you may be entitled to compensation for damage to your car or property and for any personal injuries * sustained and any resulting expenses incurred. There are many types of car accidents where there is serious or permanent life changing injuries or minor road accidents where the impact may be low or minor but where personal injury occurs. A car accident can also result in fatal injury and this is dealt with below.
If you have been involved in a car accident then you should do the following where possible:
- Check if you or others need medical attention and call an ambulance where necessary
- Call An Garda Siochana where necessary
- Take photographs where possible and necessary but obviously this is a judgement call
- Exchange details with the other driver to include, name address, phone number
- Record the car details of the other driver including the number plate
- Record the insurance details of the other driver
- Record the time and date of the accident
- Take note of the weather conditions at the time
- Take name, address and phone number of any witnesses
- If you have been injured attend your doctor/hospital as necessary]
- Contact the insurance companies
- Get estimate for repair
- Keep all receipts relating to the accident
- Make an appointment with your personal injury solicitor to discuss making a claim to the personal injuries assessment board which is discussed above
Frequently Asked Questions
What is a personal injury claim?
Personal injury” is the legal term for an injury or illness that has been caused (or made worse) by someone else’s negligence. A personal injury claim is where you make an application to the personal injuries assessment board for compensation for the injury arising out of this negligence.
What is the personal injuries assessment board?
The Personal Injuries Assessment Board (PIAB) or the Injures Board is a statutory body set up by the Government to assess personal injury claims in Ireland. Since 2004 all personal injury claims (apart from medical negligence claims discussed below) must go through the personal injuries assessment board process.
Is there a time limit to make a claim?
The legal time limit for a personal injury claim * is usually 2 years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date, ie the date of knowledge.
For children or persons under a disability who have suffered an injury, the limit is different.
What if my child is under 18?
A minor cannot bring a claim by themselves as they do not have legal capacity to do so. Therefore, the child’s parent or guardian has a duty to make this claim on their behalf. This is the preferable position and should be done as soon as possible after the injury so it is easier to gather the important information necessary to bring this claim. The child may in fact be prejudiced by not bringing the claim earlier as the defendant or respondent may plead delay or the passage of time has impacted on their ability to put in a proper defence. Therefore, best practice is to make the application on behalf of the minor as soon as possible. If a parent or guardian does not bring the claim the minor child has 2 years less one day after their 18th birthday to bring this claim.
How long will my claim take?
The injuries board are obliged to asses the claim within 9 months of the claim being submitted but this can be extended for another three months.
How do I start my claim?
Start by making an appointment with your personal injury solicitor who will take you through what is needed to be done
How much compensation can I expect from my injury?
This depends on a number of factors including the severity of the injury and the impact this has had on your life and the medical prognosis.