Car Accident Claims*

If you have been in a car accident there is every reason to seek medical attention, even as a preventative measure and there is no reason that we can think of to not seek medical care, although avoidance of post accident medical care can be quite common.

A general dislike for attending doctors surgeries and attendance at a hospital should, in our opinion, be sidelined when ones body has to withstand the impact of a car accident and testing of any areas of concern should be done even as a precautionary measure.

We have learned that sometimes people after an accident make the decision to not attend a doctor until the problem becomes unsustainable.

The only way to get clear on what has happened to your body after a car accident is to be tested for each of the areas causing concern.

Here are some of the medical tests that can be conducted which can help to just provide an assessment and arm oneself with the facts.

Neck Injury

Common whiplash can result in muscle strain, ligament sprain or a disc injury. Soft tissue, joints and neck bones all work together to provide neck movement and to hold up the head basicly.

The greater the impact of a crash can result in cervical dislocation and disc injury.

A doctor can conduct a physical examination, listen to the patients symptoms, and may direct an x-ray takes place if a fracture was suspected or may require an MRI if there’s a concern about an injury to a disk or to the spine. These tests can rule out matters at the outset and identify problems at the outset if they exist.

Spinal Cord Injury

The spinal cord is the connective runway distributing messages between the brain and the spinal cord and controls everything we do basicly. The brain and the spinal cord make up the central nervous system.

The impact of a car accident to this area can inhibit the travel of messages back and forth to the brain and affect the central nervous system.

A radiographic evaluation using an x-ray, a MRI scan or a CT scan can assess any damage caused.

Back Injuries

This injury can involve a sprain or strain and onto a more severe herniated disc which can cause considerable nerve pain.

A further back injury can be a fractured vertebrae.

If your job involves a lot of lifting and movement on your feet, nerve damage or disc damage can be unbearable without relief.

Internal Body Injury

The impact of a car accident can result in internal injuries not easily visible.

A thorough examination should ascertain any broken rib, internal bleeding, abdominal aorta aneurysm, organ injury or a collapsed lung.

Head Injury

Head injuries after an accident can be acutely serious as obviously the brain controls everything. Force to the head arising from an accident can cause an injury and it is imperative that this is assessed and dealt with.

An MRI or CT or any scan can help detect of any problems and rule things out.

We hope if you’re in a vehicle collision at any speed you will seek some medical attention sooner rather than later.

Frequently Asked Questions – Car Accident Claims*

How do I claim from an uninsured driver ?

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.

How do I take a case against someone who hit my car with no insurance ?

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.
Here is a link to a post with information on the next stepsuninsured driver personal injury claim*.

What do you do when an uninsured motorist hits you ?

It is prudent to contact the Gardai as soon as possible and maintain any information such as registration, drivers name etc. you can obtain.

How do car accident claims* work ?

An initial step for any injured party who wishes to initiate a personal injury* claim is to notify the allegedly offending party of your intention to make the claim within one month of the date of the accident. Such claims are submitted 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.

How long after a car accident* can you claim ?

There is a limit regarding how long an injured person has to initiate a personal injury* legal action. This limit is pursuant to the statute of limitations act and if surpassed, it can cause your claim to be whats termed as statute barred from court. One has two years from the date of the accident to initiate the legal action.

What is the car accident claim* process ?

Here is an article we prepared which may provide you with the information you are looking for, which can be found here.

How long does a car accident claim* take ?

There is no one singular answer that can be given which works for everybody.

It depends on the individual case for many reasons, but we will give a general guide here.

Personal Injury* claims must be submitted to the Personal Injuries Assessment Board for assessment. On average, claims made to PIAB are assessed within 9 months from the date the Board notifies the party who the claim is taken against.

If the case is dealt with and concluded at this point to the satisfaction of the parties, the entire timeframe could be 9 months to one year. If the matter is not dealt with by the Injuries Board, the injured party may have the option of proceeding to court to seek a Judgement from the court.

Some factors that may affect how long a case takes include:

  • Once an application has been made to the Personal Injuries Assessment Board, it usually takes between 9 months to 1 year before it is concluded.
  • If one of the parties does not agree to the Injuries Board making an assessment, the matter can proceed to court.
  • If an assessment sum is not agreed to by one party, the matter can proceed to court.
  • How long will the court case process take depends on various factors, such as, is the case straightforward for complex ?.
  • Is there one injury or multiple injuries ?.
  • What is the attitude of the defendant to the case ?.
  • Has liability been admitted or is it contested ?.
  • Has the injury stabilised ?.
  • Has the treatment concluded ?. Has the injured parties doctors recommended further treatment ?. Detail of the further treatment is then required.
  • What number of experts reports are required ?.
  • Is it easy or difficult to obtain expert reports ?.
  • Is it easy or difficult to obtain medical records ?.
  • Have the legal pleadings concluded. In the High Court the defence must be provided to the injured parties solicitor within 8 weeks from the time the summons is served. This is not a long time, and in personal injury* cases one must proceed step by step in conjunction with the guidance of the doctor(s) assisting the injured party. Medical care can take time, recovery can take time, and guidance from the doctor and the patients thoughts on their own rehabilitation are important considerations in terms of assessing controlling the speed of a case.

What is the Garda Accident Report ?

This is called the Garda Abstract Report and details the parties involved in the accident and information particulars, such as, names, insurance details etc.

Disclaimer – Car Accident Claims* 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.

Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Area’s of Personal Injury Law

Fatal Injury Accident ClaimsSpinal & Back
Injury Claims
Work Accident Claims
Cycling & Bike Accident
Public Accident ClaimsAsbestos Injury Claims
Garda CompensationAcquired Brain Injury (ABI)
Holiday Injury Claims
Victim Personal InjuryCar Accident Injury ClaimsPersonal Injuries Board
Manual Handling ClaimsSilicosis Dust Injury ClaimMinors Personal
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Personal Injury
Claims Process