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.
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.