Overtaking Cyclist Road Traffic Accident Claim*

A new law came into being in November 2019 which states that a driver cannot overtake a cyclist that would put them in danger.

This stems from the Road Traffic Regulations 2019 which states :

“(1) (a) A driver shall not overtake or attempt to overtake if to do so would endanger or cause inconvenience to a pedal cyclist.
(b) A driver shall not overtake or attempt to overtake if to do so would endanger or cause inconvenience to a person other than a pedal cyclist.”.

Cyclists can be very vulnerable road users and if a vehicle driver does not stop or slow down at a roundabout, for example, is looking to the right, but fails to see a cyclist to the left hand side who is then struck, the injured party may have the option of a legal remedy if they so wish.

All vehicle drivers have common law duties of care and statutory duties in terms of responsible driving.

Road Traffic Accident Claim* Process

The forum party who deals with such applications is the Personal Injuries Assessment Board.

The Personal Injuries Assessment Board is an independent statutory body who receive applications for personal injury* claims and deals with them. It is not a court, and has no judicial function. Applicants will not be required to attend at the Personal Injuries Assessment Board and giving evidence at the Board is not required.

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.

This is the application form to the Injuries Board. This is a four page application form. It is not a complicated form to complete, but it must be completed correctly. The correct factual details must be specified on the form with the correct legal title of the party responsible for the accident. Searches should be conducted to ensure one has the correct legal title of the respondent.

The application to the Injures Board can be submitted by post or online with the applications administration fees being €90 or €45 depending on whether it has been submitted by post or online.

A medical report must be submitted with your application and this can be completed by your doctor on whats called Form B. Your doctor will likely know about Form B and have prepared a report previously using this document format. The medical report will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and possibly prognosis.

When you receive the medical report you should go through its content and make sure it is correct and reflective of your injuries.

Do Car Accident Claims* go to Court

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.

The Personal Injuries Assessment Board, abbreviated as PIAB, is an independent state body in Ireland tasked with assessing personal injury* claims. This legislation was enacted in 2003 and it has since undergone several revisions and updates. The act enables the making of assessments by the Injuries Board of claims.

What is the Road Traffic Accident Claim Form ?

An application to the Injuries Board can be made by completing and submitting Form A with the application fee €45 or €90 and a medical report. The Injuries Board accept applications either online or via post.

The medical report will be completed by your doctor and will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and prognosis.

When you receive the medical report you should go through its content and make sure everything is accurate and your happy with it.

DISCLAIMER

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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