Cycling Accident Claim
A duty of care exists between one road user to another and under the Road Traffic Acts road users have obligations to drive with care and not cause bodily injury to another.
If the injured party seeks to recover their loss from the offending driver in a legal action, the person must submit the claim to the Injuries Board for assessment.
Injured parties have legal protections arising from Tort law and statute in the event the rules of the road are not followed and an injury results.
Legal Claims Process
The details of the accident are going to be the first thing required by a solicitor from you. Insurance details, name of driver, registration details etc. will be important to obtain. If a Garda is called to the scene, the Gard will also take these details.
The injured person, if legal advice is sought, will need a case opinion on liability, advice on their loss recuperation, and will need to understand how the legal process works and what their solicitor can do for them in essence. They can then make an informed decision about how to proceed.
Should a case commence it proceeds to the Injuries Board, which is a statutory body which is tasked with dealing with personal injury claims.
Once the cycling accident claim is presented to the Injuries Board and if the Respondent(driver allegedly culpable) consents to the Injuries Board assessment, the Board will make an assessment, which is a figure of compensation to be paid to you by the individual responsible for causing the accident or his/her insurer.
At this point, if both of you agree to the amount of compensation, your case is concluded and the responsible party will be directed to pay the sum awarded to you. If the party responsible or their insurer does not agree to the Injuries Board assessing the claim then the Injuries Board will not make an assessment decision in the matter. The matter then has to go to court if so desired. Also, if both parties concerned in the case don’t agree on Injuries Board assessment then the matter cannot conclude and the matter may have to proceed to court. olicitor, if they are experienced in this area, will be able to advise you appropriately in terms of an award directed by the Injuries Board and the next steps.
Drivers pay compulsory insurance cover for this reason ie for when accidents happen. Guidance in terms of what compensation can be granted by the Injuries Board derives from what guidelines called the Judical Guidelines.
If the matter is not concluded in the Injuries Board it can be resolved vis a via mediation or court.
Frequently Asked Questions
How long will a Personal Injury Claim* Take ?
Before we answer this we would like to explain the timeframe one has to take such a claim.
If you have been injured due to the negligence of another and wish to pursue an action to recover damages, you must begin this action within 2 years of the accident date in question. This is a strict legislative rule which has some exceptions for exceptional circumstances.
One must submit their application within the statutory permitted time frame or it can be deemed statute barred.
There is no one singular answer that can be given which works for everybody in terms of how long a bike accident claim* will take.
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.
Reporting the incident to the Gardai
Once the Gardai are notified of the accident they will note to the person if they need to attend the scene or not.
If it’s not practical to call into the station the person can telepone the station.
Injuries Board Cost
The Applicant will likely have to pay the application administration fee for the Injuries Board which is €45.00 or €90.00 depending on if you submit the application online or via post. You must accompany with the Application Form for the Injuries Board the medical report, the fee for this can vary and is dependant on the report cost from the doctor, but a G.P. report can be three or four hundred euros at an approximate figure.
You should discuss legal fees with your solicitor for the Injuries Board application which may vary and is solely dependant on the service provider you have instructed to bring the application on your behalf, and any court costs should be discussed with the service provider you have chosen.
Will my cycling accident claim* go to Court ?
Claims of this nature are submitted to the Personal Injury Assessment Board who are tasked with providing an independent assessment of personal injury* claims.
The Injuries Board is not a court, has no judicial function, and you are not required to attend at the Board, for example, to give evidence as part of your claim.
If the matter is not dealt with by the Injuries Board then the applicant can proceed to bring the matter before the Court. If the party allegedly responsible for the accident rejects the Injuries Board assessing the application, or rejects the Injuries Board assessment, the injured parties path forward to resolve the claim may be court.
If the injured party does not want to go to court or bring the matter to court, then obviously the matter won’t go to court.
It will only go to court if it is necessary to do so, and if the person wants it to. If a person has a concern whether they have a good case or not, this should be discussed with the persons solicitor after they review the case specific facts.
What is the first step in proceeding with a cycling accident claim* ?
Under S.8 of the Civil Liability Act 2004 this is called a ‘Letter of Claim’. A person pursuing an action should serve notice in writing to the other person within 1 month of the date of the accident of their intention to pursue this course of action.
If its possible in the circumstances, do obtain the details of the other driver in relation to a car accident or a cycling accident and take note of the registration of the car.
Its more difficult for the Gardai to investigate an accident if they don’t have the necessary information particulars.
If the letter of claim is not sent to the offending party, a court can draw inferences from the injured party’s failure to do so.
If this arises and/or material damage is done to the drivers car, or if it occurred a driver or passenger was injured as a result of an accident, the injured party may decide to commence a personal injury* claim against the party allegedly responsible.
The burden of proof regarding proving negligence arose is on the person who takes the case and is named the balance of probabilities.
In terms of proving pain and suffering, a medical report is obtained along with any hospital and medical care records, which should indicate the nature of the personal injuries, and if they are a consequence of the accident in question. Doctors evidence in Court may be required.
If a cyclist is injured or if their bike is damaged by another vehicle they may have the option to claim for the damage caused. If the cyclist is injured is wondering if negligence arises, it would be helpful to obtain a case review from their solicitor.
Personal Injury Solicitors
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.
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We help people injured due to negligence* attain restitution to their pre-accident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.