Road Traffic Accident Claims in Ireland
If you have been injured in a road traffic accident, it is important to understand what happened, what evidence may be available, and what practical steps may need to be taken.
Injured.ie is operated by Lalloo Solicitors, a Dublin law firm advising clients in personal injury and litigation matters. This page explains, in general terms, how road traffic accident claims are dealt with in Ireland.
This page is for general information only. Legal advice should be taken in relation to individual circumstances.
What is a road traffic accident claim?
A road traffic accident claim may arise where a person is injured in a collision or road incident and the injury was caused, at least in part, by the act or omission of another road user or another responsible party.
Road traffic accident claims can involve drivers, passengers, pedestrians, cyclists, motorcyclists, commercial vehicles, buses, taxis, uninsured drivers and hit-and-run incidents.
The facts of each case will determine whether a claim can be brought, who should be named as respondent, what evidence is required and how the claim may progress.
What should I do after a road traffic accident?
After a road traffic accident, practical steps may include:
- seeking medical attention;
- reporting the accident to An Garda Síochána where appropriate;
- exchanging details with the other driver or parties involved;
- taking photographs of the vehicles, road layout, damage and location, where safe to do so;
- keeping witness details;
- preserving dashcam, CCTV or phone footage where available;
- notifying the relevant insurer;
- keeping receipts for expenses;
- keeping records of time out of work;
- keeping copies of medical appointments, prescriptions and reports.
Do not include highly sensitive medical information in a general online enquiry form. If you contact Lalloo Solicitors, the office can advise what information may be needed.
Evidence in road traffic accident claims
Evidence is important in road traffic accident claims. The type of evidence required will depend on the accident circumstances.
Relevant evidence may include:
- Garda reports or Pulse records, where available;
- insurance correspondence;
- photographs of the vehicles and accident location;
- dashcam or CCTV footage;
- witness details;
- vehicle repair estimates or damage photographs;
- medical records and medical reports;
- ambulance or hospital records;
- physiotherapy records;
- loss of earnings documents;
- receipts for expenses;
- expert or engineering evidence, where required.
Medical reports and symptoms
Medical evidence is usually central to a road traffic accident claim. A medical report may be required to explain the injury, symptoms, treatment, recovery and prognosis.
Road traffic accident injuries may include neck injuries, back injuries, shoulder injuries, fractures, soft tissue injuries, psychological symptoms, head injuries or more serious injuries. The nature and duration of symptoms will affect how the claim is assessed. Further information is available about whiplash claims.
Insurance correspondence
After a road traffic accident, insurers may contact the injured person. Insurance correspondence should be kept carefully. A person should be cautious about settling a claim before the injuries, prognosis, loss of earnings and other expenses are properly understood. Legal advice may be important before accepting any offer.Car accident claims
Car accident claims may involve drivers or passengers. Issues may include liability, speed, road position, failure to keep a proper lookout, rear-end collisions, junction accidents, roundabout accidents, road markings, traffic lights, weather conditions and vehicle damage evidence. Relevant evidence may include photographs, witness details, insurance information, Garda records, medical evidence and repair documents.Passenger injury claims
A passenger may have a claim where they are injured in a road traffic accident caused by a driver or another road user. The correct respondent will depend on the facts. Passengers should keep records of the accident, medical treatment, expenses and any insurance correspondence received.Pedestrian accident claims
Pedestrian accident claims may arise where a pedestrian is struck or injured by a vehicle, cyclist or other road user. Evidence may include Garda records, CCTV, dashcam footage, witness evidence, road layout, traffic signals, photographs and medical records. Pedestrian claims can involve issues such as crossings, footpaths, traffic lights, visibility, speed and contributory negligence.Cyclist accident claims
Cyclist accident claims may involve collisions with cars, vans, buses, taxis, trucks, road defects, doors opening into the cyclist’s path or unsafe overtaking. Relevant evidence may include helmet camera footage, bicycle damage, photographs, witness details, Garda records, medical reports and insurance correspondence.Uninsured drivers and hit-and-run accidents
If the other driver was uninsured or left the scene, the Motor Insurers’ Bureau of Ireland may be relevant. The correct procedure will depend on the circumstances and the evidence available. Injuries.ie advises that where a person was involved in a motor accident and the other driver was uninsured or left the scene, the Motor Insurers’ Bureau of Ireland should be contacted first, as it can provide information on insurance status that may assist with submitting a claim to the Injuries Resolution Board. See further information about uninsured driver accident claims.Fatal road traffic accidents
Where a road traffic accident has resulted in death, different legal and practical issues arise. Fatal injury claims are dealt with separately and may involve the personal representative, dependants, funeral expenses, financial dependency and other evidence.
Families should preserve documents such as Garda records, coroner-related documentation, insurance correspondence, funeral invoices, medical records and financial dependency records where relevant.
Injuries Resolution Board applications
Many personal injury claims in Ireland must be submitted to the Injuries Resolution Board before court proceedings can be issued, unless the claim has already settled directly with the other party or their insurer.
A road traffic accident application may require details of the accident, the respondent, medical evidence, insurance information, special damages and supporting documents. If the claim does not resolve through the Board process, an authorisation may issue, subject to the Board’s procedures and the facts of the case.
Special damages in road traffic accident claims
Special damages are financial losses or expenses connected with the accident and injury. They must usually be vouched with documents.
Examples may include:
- medical expenses;
- prescription costs;
- physiotherapy expenses;
- travel expenses;
- loss of earnings;
- vehicle-related losses, where relevant;
- care costs, where relevant;
- damaged clothing or equipment, where relevant;
- other vouched expenses connected with the injury.
This list is not exhaustive.
Where an injury has affected income, our guide to proving a loss of earnings claim explains the medical and financial evidence commonly required.
Legal costs in road traffic accident claims
Legal costs in personal injury claims should be discussed at the outset. The costs position may depend on the work required, the evidence needed, whether the matter is assessed by the Injuries Resolution Board, whether it settles, and whether court proceedings become necessary.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
How Lalloo Solicitors can assist
Lalloo Solicitors can advise clients on road traffic accident claims, medical evidence, liability issues, insurance correspondence, special damages, Injuries Resolution Board applications, settlement discussions and court proceedings where required. You can also read more about the firm’s work as personal injury solicitors.
If you wish to contact the office, you can provide a short summary of what happened. No solicitor-client relationship arises unless Lalloo Solicitors confirms its appointment in writing.
Related information
Official resources
The following official resources may be useful for general information about road traffic accidents, insurance issues and the claims process. They are external sources and should not be treated as legal advice on an individual case.
Frequently asked questions
Select a question below to read the answer.What should I do after a road traffic accident?
You should seek medical attention, report the accident where appropriate, exchange details, keep photographs, preserve witness details and keep records of expenses, medical appointments and time out of work. Legal advice should be taken in relation to individual circumstances.
Do road traffic accident claims go to the Injuries Resolution Board?
Many personal injury claims in Ireland must be submitted to the Injuries Resolution Board before court proceedings can be issued, unless the claim has already settled directly with the other party or their insurer.
What evidence is useful after a car accident?
Useful evidence may include Garda records, insurance correspondence, photographs, dashcam or CCTV footage, witness details, medical records, vehicle damage evidence, repair estimates, loss of earnings documents and receipts for expenses.
Can a passenger bring a road traffic accident claim?
A passenger may have a claim where they are injured in a road traffic accident caused by a driver or another road user. The correct respondent will depend on the facts and evidence.
What if the other driver was uninsured or left the scene?
Where the other driver was uninsured or left the scene, the Motor Insurers’ Bureau of Ireland may be relevant. Injuries.ie advises that MIBI should be contacted first because it can provide insurance-status information that may assist with submitting a claim to the Injuries Resolution Board.
Should I accept an insurer’s offer after a road accident?
A person should be cautious about accepting an offer before the injuries, prognosis, expenses and loss of earnings are properly understood. Legal advice may be important before making a decision.
What are special damages in a road traffic accident claim?
Special damages are vouched financial losses or expenses connected with the accident and injury. They may include medical expenses, travel costs, prescription costs, physiotherapy expenses, loss of earnings and other documented losses.
Does contacting Injured.ie create a solicitor-client relationship?
No. A solicitor-client relationship does not arise unless Lalloo Solicitors confirms its appointment in writing.