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 rear-impact collisions, junction and roundabout accidents, lane changes, vehicles emerging into traffic, multi-vehicle collisions, uninsured or unidentified drivers, and 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.
Rear-end collision injury claims
The Road Safety Authority says a driver should remain in control and keep enough distance to stop safely, including a greater following distance in wet or severe conditions. That guidance can be relevant evidence, but a rear impact does not make the following driver automatically liable in every case. Sudden manoeuvres, road and weather conditions, vehicle defects, witness accounts and other evidence may also require investigation.
Junction and roundabout accident claims
Junction collisions may involve a vehicle entering a major road, turning across opposing traffic, changing lane or failing to respond to signals and road markings. The RSA explains general right-of-way rules but also states that right of way is not absolute. Those rules do not, by themselves, conclusively determine civil liability.
Driver and passenger injury claims
A driver or passenger injured in a collision may have a claim where the evidence shows that another person failed to take reasonable care and caused the injury. A passenger is not automatically entitled to compensation simply because they were travelling in a vehicle. The correct respondent, the medical evidence and any issue concerning seat-belt or child-restraint use depend on the individual facts.
Bus, taxi and public-transport accident claims
A passenger may be injured in a collision involving a bus, taxi or another form of road transport, or during a sudden event connected with the vehicle’s movement. Responsibility may rest with a driver, operator, another road user or another party, but it must be established from evidence. Useful material can include the route and vehicle details, ticket or booking information, CCTV, witness details, Garda records and medical evidence.
What information and documents should I keep 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.
For a practical record-keeping checklist, see our personal injury evidence guide.
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.
How do I start a car accident injury claim in Ireland?
A personal-injury claim following a car accident will ordinarily begin with an application to the Injuries Resolution Board, subject to any applicable statutory exception or earlier settlement. A supporting medical report is generally required. A claim for vehicle or other property damage is distinct from the personal-injury claim and may be handled through insurers separately.
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 and evidence requirements are explained in our road traffic accident claims guide.
How long do I have to bring a car accident injury claim?
Section 8 of the Civil Liability and Courts Act 2004 provides for written notice to the alleged wrongdoer within one month from the date of the cause of action. A failure without reasonable cause requires the court to draw such inferences as appear proper and may also affect costs where the interests of justice require.
This notice is separate from Garda reporting, insurer notification and an Injuries Resolution Board application.
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 circumstances, so case-specific advice should be obtained promptly.
Related car-accident information
- Whiplash accident claims
- Give-way or stop-sign accidents
- Uninsured driver claims
- Pedestrian accidents
- Cyclist accidents
Official information
- An Garda Síochána — road traffic collision guidance
- Road Safety Authority — Rules of the Road
- Road Safety Authority — adult passenger safety
- Road Safety Authority — child passenger safety FAQs
- Injuries Resolution Board — making a claim
- MIBI — making a claim
- Law Reform Commission — contributory negligence
- Law Reform Commission — written notice under section 8
- Law Reform Commission — personal-injury limitation provision
- Law Society of Ireland — Solicitors Search
How do I choose a car accident solicitor?
In Ireland, the legal professional who advises on a claim is a solicitor. A person may wish to ask who will handle the work, how legal costs and outlays will be explained, how communication will work and what experience is relevant to the matter. The Law Society of Ireland’s Find a Solicitor search can be used to check current practising details.
Dalippe Lalloo is the sole practitioner at Lalloo Solicitors and is responsible for the legal work. Visits are available by arrangement across Dublin and, where appropriate, in nearby areas such as Bray.
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.
Reviewed by Lalloo Solicitors.
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.