Car Accident Claims in Ireland
A car accident claim requires consideration of how the collision occurred, whether another party may be legally responsible and whether the accident caused an injury.
Lalloo Solicitors advises drivers and passengers on car-collision claims, medical evidence, insurance issues and the Injuries Resolution Board process. Each case is assessed on its own facts, and no particular outcome can be assumed.
Types of car collisions
Car accident claims can arise from circumstances including:
- Rear-impact collisions.
- Junction and roundabout accidents.
- Vehicles changing lanes.
- Collisions involving parked or emerging vehicles.
- Accidents involving several vehicles.
- Collisions caused by uninsured or unidentified drivers.
- Accidents involving taxis, buses or other passenger vehicles.
The type of collision does not, by itself, decide liability. Driver accounts, photographs, video, witness evidence, road markings and vehicle damage may all be relevant.
Information to obtain after a car accident
Safety and medical attention should be prioritised. Where it is safe to do so, record or preserve:
- The names and addresses of the drivers involved.
- Vehicle-owner and registration details.
- Insurance information.
- Photographs of the vehicles, damage and road layout.
- Witness contact details.
- Dashcam, mobile-phone or CCTV footage.
- Garda reporting details.
- Medical and treatment records.
- Receipts and evidence of financial loss.
If a person is injured and no Garda attends the scene, the collision must be reported to the nearest Garda station.
Our main road traffic accident claims guide explains Garda reporting, evidence and immediate steps in more detail.
Determining liability
Liability may depend on speed, observation, road positioning, traffic lights, signs, right of way and the actions of every driver involved.
Even where another driver appears primarily responsible, contributory negligence may be raised. For example, seatbelt use, speed or another person’s opportunity to avoid the collision may become relevant. Any such issue must be considered against the evidence rather than assumed.
Injuries and financial loss
Medical evidence is required to establish the injuries caused by the collision and their duration and effect.
General damages relate to pain and suffering. Special damages concern supported financial losses and expenses, such as treatment costs, travel expenses and loss of earnings. Vehicle repairs and replacement-vehicle costs may be dealt with separately from the personal injury claim.
The existence and value of any claim depend on the individual evidence. No fixed award applies to a particular type of car collision or injury.
Insurance and uninsured drivers
A claim involving an insured driver will ordinarily involve the relevant motor insurer. This does not mean that liability or the value of a claim is automatically accepted.
Where the vehicle or driver was uninsured or cannot be identified, MIBI may have a role. MIBI investigates the facts, insurance position and liability, and its notification and eligibility requirements must be considered.
See our guide to uninsured and unidentified driver claims.
The claims process
Most car-accident personal injury claims must first be submitted to the Injuries Resolution Board, subject to limited exceptions. A medical report is ordinarily required.
Depending on the circumstances, the claim may proceed through mediation or assessment. If it is not resolved, the Board may issue an authorisation permitting court proceedings.
The broader process, evidence requirements and time-limit considerations are explained in our road traffic accident claims guide.
Related car-accident information
- Whiplash accident claims
- Give-way or stop-sign accidents
- Uninsured driver claims
- Pedestrian accidents
- Cyclist accidents
Contact Lalloo Solicitors
Lalloo Solicitors can review the circumstances of a car collision and explain liability, evidence, the Injuries Resolution Board process and the available next steps.
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.