If you have been involved in a car accident it can leave you injured and in pain and it is also a distressing experience.

A road traffic accident that was not your fault, or only partially your fault, can leave you overwhelmed in dealing with any resultant personal injury, car or property damage, and an car insurance claim*.

PBN Litigation Solicitors, based in Dublin, can help you through the complicated process of pursuing a car accident claim which can get you back on your feet and achieve the compensation to which you are entitled.

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What is a car accident claim for compensation?

A car accident claim for compensation is a form of personal injury claim following a car accident that was either not your fault or only partially your fault.

Although yours or the other driver’s car insurance may pay for the damage to the vehicle(s) sustained in the car accident, depending on who is found to be responsible for the accident, a car accident claim may also be made if you have been injured and lost out financially as a result.

Car accident claims can be complex, involving property damage to the car, as well as personal injury. Drivers involved in the accident as well as passengers may make a claim for compensation where they have been injured in a car accident that was not their fault.

PBN solicitors work with you to get the compensation you deserve.

We pride ourselves in taking the stress out of personal injury litigation by providing a service dedicated to the client.

Common car accident claims

Car accidents are very common on Irish roads, with the RSA figure for collisions on Irish roads estimated to be almost 49,000 in total in 2019. The CSO has estimated that in 2019 2 out of 3 road accidents in the previous twelve months that their survey respondents were involved in involved car with car accidents.

75% of Personal Injuries Assessment Board claims arise from road traffic accidents, including car accident claims. Common car accident claims include:

  • Car collisions claim
  • Minor impact car accident claim
  • Car parking accident claim
  • Fatal road accident claim
  • Hit and run accident claim
  • Uninsured driver claim
  • Passenger injury claim
  • Accidents with intoxicated driver claim
  • Accidents involving foreign registered car claim

Car collisions

Collisions between two or more cars are one of the most common types of road traffic accident. 

Rear-end collisions, side- impact collisions, and collisions involving merging traffic or when navigating road junctions or roundabouts can all result in injury to the parties involved and it can be difficult to determine liability. 

Car insurance may protect against damage to your car but will not provide compensation for your injuries or any loss of income or additional expenses you incur.

It is important if you are involved in a car accident that you gather evidence at the scene as best you can as it may help to determine liability.

Minor impact car accident claims

Even relatively minor impact car accidents can leave you injured and have an effect on your life and the extent of vehicle damage does not always correlate to the injuries sustained. 

All road users have a responsibility to drive responsibly and if you have been injured by the negligent driving of another, even in a minor ‘tip’ or car accident than you may be able to seek compensation.

Car parking accident claims

Car parks can be busy spaces and car accidents can occur.

If you have been injured in a car park car accident and your injury can be proved to have been caused by the negligent driving of another, then you may be able to make a claim for compensation.

Fatal road traffic accident claims

Road traffic accident fatality statistics frequently make the news but behind the headlines are families who have lost a loved one.

If you have lost someone in a fatal car accident due to the wrongful action of another, then you may be entitled to compensation which may alleviate the financial burden even if it cannot bring your family member back.

Hit and run accident

In the event where you are injured in a ‘hit and run’ type car accident, the other driver may not be easily traced.

It helps if you can record any details of the other vehicle as much as possible, such as type, colour and make of car as well as the registration number if at all possible.

In the event of a ‘hit and run’ type car accident compensation for your injuries may be sought from MIBI, the Motor Insurers’ Bureau of Ireland.

Uninsured driver claims

Uninsured driver claims arise where you are injured in a collision with another car that is not insured. 

Cases involving uninsured drivers can be complex and, if you have been injured in a car accident involving an uninsured driver, you may be protected by your own motor insurance policy, or your claim may be assessed and paid by MIBI.

Passenger Injuries

If you have been involved in a car accident as a passenger you may be more vulnerable to injury as you may be unaware of the impending collision.

A passenger is almost never considered the negligent party. Although, if you are not wearing a seatbelt, you may be found to have contributed to your own injury.

Accidents with intoxicated drivers

If you are involved in a car accident and you suspect that the other driver has used alcohol or other drugs, then you should contact the Gardai at the scene.

If you have been injured in the car accident, then you may be able to claim compensation if the other party is considered liable for the accident.

Accidents involving foreign registered cars

If you have been injured in a car accident involving a foreign registered car, then you may be able to pursue a claim for compensation.

These cases can be more protracted and complex, so it is best to speak to a solicitor in this instance who can navigate the process on your behalf.

What to do if you have a car accident

If you are involved in a car accident there are a number of steps you will need to take.

First, stop your car safely and remain at the accident scene. Put on your hazard lights to warn other drivers that there is an obstruction. 

If anyone has sustained a serious injury, they may need immediate medical assistance and you may need to 999 or 112 for an ambulance.

You may later need to move your car and park in a safe place or call Gardai to alert them that the accident has caused an obstruction as they may need to divert traffic away from the car crash.

You will need to provide your details to the other driver as well as ascertain the car registration number of the other vehicle involved, the name(s) of the other driver, and any passengers. 

You will also need to exchange car insurance details such as your car insurance policy company with the other driver.

You will also need the names and contact details of any witnesses to the accident and any attending personnel, such as Gardai or members of the ambulance services.

It is also a good idea to take note of the details of the accident and car crash scene including the position of the vehicles or any skid marks on the road. 

Take photos of as much as you can, especially of any damage to the vehicles. If there is dashcam footage or local CCTV footage of the accident, it may be possible to obtain this.

Even if you are not injured enough to need an ambulance at the scene of the accident, it is best to seek medical advice from your local A&E or from your GP following a road traffic accident. Some injuries may not present themselves initially but may need attention later.

Even if they do not attend the scene, you should report the accident to the nearest Garda station after the event. You should also report if you feel that anyone may have been under the influence of drugs or alcohol.

It is important to contact your insurance company and let them know that you have been involved in an accident, even if you were not at fault.

Even if you do not intend to make a claim on your insurance, it is important to notify your insurance company, in case another person later makes a claim.

If you have sustained injuries in the accident and wish to make a car accident claim, it is best to contact a solicitor promptly so that they can advise you.

PBN Litigation has considerable experience and expertise in dealing with car accident and personal injury claims and can guide you through the process efficiently ensuring that you adhere to the correct procedures and obtaining the compensation to which you are entitled.

Compensation for car accident claims

If you or a family member have been injured in a road traffic accident, as a driver, passenger, pedestrian, or cyclist this can be traumatic and you may be entitled to compensation for your injuries.

Compensation may be awarded for your pain and suffering and for any resulting financial losses which you may incur.

General damages may be awarded for any pain and suffering, physical injuries and psychological injuries which you have endured.

Special damages may be awarded for any financial loss that you have incurred such as loss of earnings, additional medical expenses, or transport and/ or accommodation to avail of medical treatment which you have paid for out of pocket.

Material damages may be awarded for any damage to your personal property, in a car accident claim this would be your car.

Contact PBN solicitors today for all your personal injury compensation needs.

How to make a claim for road traffic accident compensation

Cases involving car accidents can be complex as it can be difficult to establish fault in each case. 

PBN Litigation has a proven track record in personal injury and car accident claims and can secure the best compensation for you, leaving you to focus on your recovery.

Your solicitor will determine the facts of the case, using the records you have gathered from the scene.

There may also be other relevant evidence, such as a medical report and financial documents that show any loss of earnings.

Your solicitor will use the information to prepare your application to the Personal Injuries Resolution Board in order to determine the compensation to which you are entitled. Where the other driver is uninsured or unidentified, they may prepare an application to MIBI.

The Personal Injuries Resolution Board will determine the amount of compensation based on 

  • The injuries you have sustained.
  • Any financial loss incurred such as medical and other expenses as well as loss of earnings.

If both parties accept the assessment of the Personal Injuries Resolution Board, then the case is settled. If either party does not accept the assessment, then the case may proceed to Court.

How long do you have to make a claim?

Generally, you have two years from the date of the accident to make a claim. The ‘date of knowledge’ may be later if your injuries are not immediately apparent, and you may have two years from that date to make a claim.

Children cannot make a personal injury claim. Their parent or guardian has two years to make a claim on their behalf. If a child reaches 18, they then have two years to make a claim on their own behalf.

There are some exceptions to these time limits such as where the person is mentally impaired following the accident or their injury prevents them from making a claim, or where their injury was initially misdiagnosed.

Make a car accident claim today

If you have been injured in a car accident, as a driver, passenger, pedestrian, or cyclist then you may be able to seek compensation for your injuries and any resulting financial loss.

Contact PBN Litigation today, and we will assess your case with you and advise you. Our specialist solicitors will be with you every step of the way to ensure that you get the compensation that you deserve.