There are many questions an injured person has who has been in a car accident and who more often than not was never in one before. Many contracts of employment do not include sick pay entitlements and many people would not have income protection insurance in place when such an event happens.
This post will give you a guide on what to do and the procedure for car accident claims*.
Procedure for Personal Injury Claims*
The procedure for making personal injury* claims is straightforward. In Ireland, a personal injury claim* is described as having sustained an illness or an injury as a result of someone else’s negligence. The procedure for making a claim can be completed in steps, such as:
- Speak with a solicitor and provide them with the following information; the details of your accident, the description and personal details of the negligent party, details of your previous illnesses and injuries, if any, description and proof of the injuries you sustained, a description of any expenses that you may have incurred following the accident, and any other details that may be relevant to your accident;
- Work with your solicitor to submit your Injuries Board Form A and wait for the Personal Injuries Assessment Board to acknowledge receipt of the form;
- Obtain a medical report Form A from your doctor and submit same with Form A to the Injuries Board;
- The Injuries Board will then assess your claim after the administration fee is paid;
- The Injuries Board will make whats termed an Assessment of your claim, if the respondent consents to the Board making an assessment.
- If the matter is not dealt with by the Injuries Board, you will have the option of proceeding to court to seek a judgement.
What to Do After a Minor Car Accident?
If you have been involved in a minor car accident, you may not be injured. Stay calm and call the Gardaí even if there hasn’t been any damage. Some of the information they may require include; your name, your address, the registration number of your car, and your insurance information.
What to Do After a Car Accident, Not Your Fault?
If you have been in a minor car accident, the first thing you should do is check for injuries. If there are passengers in your car, pull off to the side of the road and ask them to check for injuries as well. If anyone is injured, administer first aid and call an ambulance immediately.
Contact the Gardaí no matter how minor the accident may seem. They will ask questions about the details of your accident and take your contact information. Do not leave the scene until they arrive.
Take the other driver’s information including their; name and address, car registration number, contact information, and insurance information.
Document the accident as much as you can in case you need the details in the future. Some of the most important details to take include;
- The date and time of your accident
- Pictures of the accident and witness accounts
- The model and registration number of the car
- Weather conditions at the time of the accident
- The details and proof of your injuries
Duties on Occurrence of Accident
If you have been in an accident, it is important to ensure that you:
1. Remain at the scene of the accident.
2. Contact the Gardai and provide them with the following information; your name, address, the registration number of your car, and your insurance details. If the Garda don’t come, you must provide the information to the person who has been injured in the accident.
3. You should report your accident to the Gardai as early as possible.
Personal Injury Claims* Time Limits
If you need to submit a personal injury claim, you should do it as soon as possible. The Civil Liabilities and Courts Act 2004 requires that you submit your claim within two years from the time of the accident. You must notify the negligent party of your intention to claim and call upon them to admit liability within 1 month of the date of the accident.
After the Personal Injuries Assessment Board makes their assessment, the applicant can reject or accept their award within 28 days. After 28 days, they are assumed to have rejected it.
Frequently Asked Questions
Many people have the question is it worth taking a case against an uninsured driver and it’s a good question. We hope this post will of assistance when you are considering this with the detail you now have as mentioned above. Here is a post about this – uninsured driver personal injury claim*.
You can send a demand letter to the offending party requesting confirmation and detail of their insurance and you must send them whats called a letter of claim calling upon them to admit liability indicating to the facts. Then you should proceed to notify the M.I.B.I. mentioned above immediately and try to obtain the insurance details of the other party from the Gards perhaps.
It is prudent to contact the Gardai as soon as possible and maintain any information such as registration, drivers name etc. you can obtain.
An initial after notifying the allegedly offending party is to initiate a personal injury claim* by making an application to the Board. The Personal Injuries Assessment Board is a statutory body that carries out its own private, independent assessment of a persons personal injury claim*. It will not assess claims regarding the provision of any medical or surgical procedure in relation to a person, or the provision of any medical advice or treatment to a person.
A purely paper-based system, it never carries out oral hearings but assesses claims with regard to medical evidence, such as the medical report furnished by the injured party to the Board.
If the person who caused the injury consents to the Injuries Board assessing the application, or if they fail to state in writing whether they consent to the assessment or not, the Injuries Board will proceed to carry out the assessment.
If the person who causes the accident states in writing that they do not consent to the Injuries Board making an assessment, the Injuries Board will issue whats termed an authorisation, which permits the applicant (injured party) to bring legal proceedings.
This is called the Garda Abstract Report and details the parties involved in the accident and information particulars, such as, names, insurance details etc.
The Personal Injuries Assessment Board is tasked with dealing with such claims. In 2018 the Board noted they have assessed 130,000 claims since 2004 and that 60% of the applicants accepted the Injuries Board Assessment.
In essence the vast majority of such claims do not reach court and do not need to go to Court. Court only arises if it is necessary in the circumstances. This is answered above.
Disclaimer – Car Accident Claims* Ireland Article
Please be advised that the
above-mentioned material is intended as an overview and as a broad out-line of
the topic discussed. It should not be considered as complete and comprehensive
legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.