Claims for injuries sustained in a car crash are the most common type of injury claims in Ireland.
A car crash claim can be made in a variety of circumstances, for example if you were a;
- Driver
Passenger
- Pedestrian
- Cyclist
You are entitled to seek a claim for your injuries.
If you have sustained injuries in a car crash where the driver
Was not insured
Fled the scene
- Or cannot be found
You are entitled to make a claim for your injuries through The Motor Insurers’ Bureau of Ireland (MIBI).
Following a car crash one should
- Collect the other driver’s information, such as name, address, vehicle registration number, and insurance information, which can be found on the disc on a vehicle’s windshield.
Offer your information to the other driver.
- Telephone the Gardaí immediately. If they will not attend the scene of the accident, or if the other driver has fled then report to the nearest Garda Station and request that they take the details of the accident.
Seek medical attention as soon as possible if you think you have been injured even if your injury is not serious.
*In contentious Business, Solicitors may not calculate fees as a percentage of any award or settlement.
Frequently Asked Questions
If you have been involved in an accident, you should seek medical attention immediately. You should attend your GP or your local A&E and get yourself checked out. You should follow your doctor’s recommendations and adhere to the treatment plan recommended for you. You might need to attend for physiotherapy, MRI scans or perhaps a specialist depending on the type of injury you suffer. You should remember that your GP is your primary contact for any medical issues.
When you feel better you might want to look at sorting out the insurance and legal matters and we can help you throughout this process.
Whatever you do, don’t accept any liability if you think the other driver may have been in the wrong. It may be that both drivers had some fault and this is something that is best dealt with and determined by an engineer. You may still be able to recover part of your claim. Another thing to consider is contributory negligence. This is when you contribute in some way to your own misfortunate and injury. If you suffer injuries in a car accident but you were not wearing a seatbelt you will be found to have contributed/added to your own pain. This means you will be able to recover part of your claim.
This can be a very stressful situation but don’t worry. The best thing to start with is to phone the Gardaí and report this accident. If the other driver is not insured, the Gardaí may need to prosecute for driving without valid insurance. If the other driver ran away then you will need to assist the gardaí as best as you can so that they can commence their investigations and hopefully locate the driver. In this instance, you may have a chance of claiming and recovering damages from the MIBI (The Motor Insurer’s Bureau of Ireland).
You may be out of pocket if you need to pay for items such as towing your car, hospital attendance, GP attendance, medication or physiotherapy. You should retain your receipts for any expenses that you incur as a result of the accident. We put these together and make sure the total is included in the recovery of damages so that you do not suffer any financial loss.
If the accident was not your fault, the other driver’s insurance should be responsible for fixing your car and providing you with a replacement vehicle while your own is being repaired. You will need to obtain a repair estimate from your local garage/dealer. If your car is unfixable or repairs would exceed the value of the car (uneconomical repair) the insurer should pay the market value. Many factors are taken into consideration when looking at the market value of a vehicle i.e. valid NCT, mileage, overall condition.
You have two years to submit your claim. This rule is strict and is defined by the Statute of Limitation for personal injuries. There are some few exceptions to the rule, for example if the case relates to a minor or medical negligence cases.