Road Traffic Accident Claims in Ireland
Road traffic accident claims depend on how the collision occurred, who may be legally responsible, the nature of the injuries and the available evidence. Lalloo Solicitors advises drivers, passengers, pedestrians and cyclists on personal injury claims, Injuries Resolution Board applications, insurance issues and court proceedings where required.
Each case must be considered on its own facts. Early advice can help identify the evidence that should be preserved and the steps that may need to be taken.
Who may require advice after a road collision?
A person injured in a road traffic accident may be a driver, passenger, pedestrian or cyclist. The circumstances can include collisions between vehicles, accidents at junctions, incidents involving uninsured or unidentified vehicles and injuries caused to vulnerable road users.
Whether a claim can be made depends on matters including liability, contributory negligence, medical evidence and the applicable time limits.
Related information:
- Car accident claims
- Uninsured or unidentified driver accidents
- Pedestrian accidents
- Cyclist accidents
- Whiplash injury claims
- Give-way and stop-sign accidents
What should you do immediately after a collision?
Safety and medical needs come first. If anyone is injured or appears to require urgent assistance, contact the emergency services on 999 or 112.
An Garda Síochána advises that a driver involved in a collision must stop and remain at the scene for a reasonable time. A driver must offer assistance where a person is injured or appears to need help.
The relevant driver, vehicle-owner, registration and insurance information should be exchanged. If someone is injured and no Garda attends the scene, the collision must be reported to the nearest Garda station.
Where it is safe and appropriate to do so, it may also be useful to:
- Photograph the vehicles, their positions, the road layout and visible damage.
- Record the date, time, location, weather, lighting and road conditions.
- Obtain the names and contact details of witnesses.
- Preserve dashcam or mobile-phone footage.
- Identify nearby premises or vehicles that may hold CCTV footage.
- Keep the Garda station and reporting details.
- Notify the relevant insurer without making assumptions about liability.
Current reporting requirements should be checked against An Garda Síochána’s road-traffic-collision guidance.
Evidence that may be relevant
The evidence required will depend on the disputed issues. It may include:
- Photographs, video, dashcam footage or CCTV.
- Witness statements.
- Garda records.
- Driver, vehicle and insurance information.
- Vehicle-inspection or repair documentation.
- Medical records and medical reports.
- Details of symptoms, treatment and recovery.
- Payslips or other evidence of lost earnings.
- Receipts for medical, treatment and travel expenses.
- Correspondence with insurers or other parties.
CCTV and dashcam recordings may be retained for only a limited period. Their existence should therefore be investigated promptly.
Medical attention and medical evidence
Medical attention should be obtained according to the person’s health and symptoms. Injuries may require assessment by a GP, hospital or another appropriate healthcare professional.
Medical records can document the nature of the injury, reported symptoms, treatment and recovery. A medical report is also ordinarily required when making an application to the Injuries Resolution Board.
A person should not undergo unnecessary treatment for the purpose of a claim. Treatment decisions should be based on appropriate medical advice.
Liability and contributory negligence
A road collision does not automatically establish that one particular party is legally responsible. Liability may depend on driver conduct, speed, observation, road positioning, traffic signals, road conditions and other evidence.
A person’s own actions may also be relevant. Where contributory negligence is established, any compensation may be reduced to reflect that person’s share of responsibility. This does not necessarily mean that the claim is completely defeated.
The Injuries Resolution Board process
Personal injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer.
A completed application ordinarily includes an application form, the applicable processing fee and a completed medical report from a treating doctor. The accident and proposed respondent must also be identified.
Depending on the case and the parties’ participation, the Board may offer mediation or assess compensation. An assessment may be accepted or rejected. Where the matter is not resolved through the Board, an authorisation may issue permitting court proceedings to be commenced. Court proceedings are not automatic, and some cases may resolve without a hearing.
See the Injuries Resolution Board guidance on making a claim.
General damages and special damages
The value of a personal injury claim cannot be determined from the type of collision alone.
General damages relate to pain, suffering and the effect of an injury. Special damages relate to supported financial losses and out-of-pocket expenses, which may include medical expenses, treatment costs, travel expenses and loss of earnings.
Receipts, invoices, payslips and other supporting documents should be retained. Vehicle damage and other property-loss issues may require separate consideration from the personal injury claim.
Uninsured or unidentified vehicles
Where an accident is alleged to have been caused by an uninsured or unidentified vehicle, the Motor Insurers’ Bureau of Ireland may have a role under the applicable MIBI Agreements.
MIBI investigates matters including the circumstances of the accident, insurance status and liability. A fully completed Claim Notification Form and supporting documents may be required.
Different rules apply to personal injuries and property damage, particularly where the vehicle cannot be identified. Further information is available on our uninsured driver claims page and from MIBI.
Time limits
Strict time limits apply. In many adult personal injury claims, the general limitation period is two years from the date on which the cause of action accrued or the date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other exceptions, so case-specific advice should be obtained without delay.
Frequently asked questions
Must the Gardaí attend every road collision?
Not every collision requires Garda attendance at the scene. Serious incidents and suspected offences should be reported appropriately. If a person is injured and no Garda attends, the collision must be reported to the nearest Garda station.
Can a passenger seek advice about a claim?
Yes. A passenger may seek advice where they have suffered an injury. The identity of the potentially responsible party will depend on how the collision occurred.
What if I may have been partly responsible?
A claim is not necessarily excluded because responsibility may be shared. Contributory negligence may reduce compensation according to the person’s share of responsibility.
What if the other driver was uninsured or left the scene?
A claim may fall within the MIBI arrangements for uninsured or unidentified vehicles. Eligibility and the applicable conditions require individual assessment.
How much is a road traffic accident claim worth?
There is no fixed amount. Relevant factors include the medical evidence, the severity and duration of the injury, its effect on the person and any supported financial losses. No outcome can be predicted without reviewing the facts and evidence.
Do all claims go to court?
No. Many matters are considered through the Injuries Resolution Board or resolved by agreement. Court proceedings may be required where a claim is not resolved and an authorisation has issued.
Official information
- An Garda Síochána — road traffic collision guidance
- Injuries Resolution Board — how to make a claim
- MIBI — making a claim
- Law Reform Commission — revised personal-injury limitation provision
- Irish Statute Book — Personal Injuries Assessment Board (Amendment) Act 2019, section 7
- Law Reform Commission — contributory negligence, Civil Liability Act 1961, section 34
Contact Lalloo Solicitors
Lalloo Solicitors is based at Alexandra House, 3 Ballsbridge Park, Dublin 4. We can discuss the circumstances of a road traffic accident, the available evidence and the applicable claims process.
Call 01 664 1800, email info@injured.ie or request a call back.
This page provides general information and is not a substitute for legal advice concerning a particular case. No solicitor-and-client relationship arises until Lalloo Solicitors confirms its appointment in writing.