If you have been injured by a drunk driver, you are entitled to claim personal injury compensation. The process involves submitting your claim to the Injuries Resolution Board (formerly known as the Personal Injuries Assessment Board or PIAB). This independent statutory body assesses personal injury claims resulting from incidents such as road traffic accidents.
In this short guide, we cover the key steps and considerations in bringing a claim against a drunk driver.
Essential steps for successfully claiming compensation
Most injury claims arising from the negligent or wrongful actions of a third party are managed by the Injuries Resolution Board. However, exceptions include medical negligence cases and claims involving untraceable or uninsured drivers.
If your injury was caused by a driver who did not flee the scene and is fully insured, you should take the following steps.
Notify the driver that you are taking action
Within one month of the accident, inform the person you hold responsible (the respondent) in writing. Failure to do so may affect your claim for legal costs if the case proceeds to court.
Submit your claim to the Injuries Resolution Board
You can file your personal injury claim through the Injuries Resolution Board by:
- Using their online application form.
- Emailing a completed application form to post@injuries.ie.
- Mailing the application form to P.O. BOX 8, Clonakilty, Cork, Ireland, P85 YH98.
Every application must include the following:
- Your personal details.
- A medical report from your doctor.
- Details of the accident and your injuries.
- The respondent’s name and address.
- Any supporting documents, such as receipts for expenses incurred due to the accident.
Follow any instructions throughout the assessment process
The Injuries Resolution Board will evaluate your claim, considering medical reports and the circumstances of the accident. Most claims are assessed within nine months from the respondent’s agreement to the assessment.
Claims involving untraceable or uninsured drivers
If the drunk driver who caused your injuries fled the scene or does not have insurance, your first step will be to contact the Motor Insurers’ Bureau of Ireland (MIBI). This organisation is responsible for compensating victims of road accidents involving uninsured, unidentified, or stolen vehicles. It ensures access to claims for those affected and is funded by motor insurers operating in Ireland, providing essential protection under Irish motor insurance law. You can contact them by phone, email, or web form.
Evidence required to substantiate your claim
Substantiating a claim against a drunk driver involves gathering key pieces of evidence. This evidence is essential for ensuring you receive the full compensation you are entitled to. Key evidence includes:
Medical evidence
You will need to obtain a detailed medical report from your doctor or healthcare provider outlining the nature and extent of your injuries, together with the treatment received and prognosis.
Evidence of the accident
If the Gardaí were called to the scene, obtain a copy of their report. This will confirm the involvement of a drunk driver and may include details such as breathalyser results or witness statements. If the accident occurred in a workplace or a public area, obtain an official accident report if applicable.
Photographic and video evidence
If possible, take photos and video of the accident scene including any vehicle damage and the road conditions. If your injuries were too serious to secure this, it may be possible to retrieve CCTV footage or dashcam video from other vehicles involved in the accident.
Witness testimonies
Collecting the contact details of witnesses to the accident can help corroborate how the accident occurred and their perception of the driver’s behaviour (for example, signs of intoxication while driving).
Financial evidence
It’s important to keep copies of receipts and bills related to your injury. This includes medical bills, prescription costs, physiotherapy, and psychological therapy fees. Also, be sure to document any time taken off work and the resulting loss of income that this caused you.
Compensation that can be claimed
In Ireland, successful claims against drunk drivers may result in the following types of compensation.
General damages
A general damages award offers compensation for the pain, suffering, and physical discomfort caused by the injury. The severity, recovery time, and long-term implications of the injuries are considered when assessing this award.
Special damages
Special damages compensate for measurable financial losses incurred due to the injury. These include medical expenses, loss of earnings, care and assistance costs, expert witness fees, travel expenses, and the cost of any home adaptations required due to the injury.
Fatal accident compensation
If a loved one dies due to a drunk driving incident, dependents may be entitled to compensation. This can cover funeral expenses, loss of financial support, and the emotional impact of losing their companionship, legally referred to as Solatium, which is capped at €35,000.
Typical compensation amounts
While exact figures depend on individual circumstances, the Personal Injuries Guidelines provide general ranges for common injuries:
- Minor soft tissue injuries: €500–€3,000.
- Moderate fractures: €12,000–€40,000.
- Severe brain or spinal injuries: €150,000–€500,000.
- Psychological trauma (e.g., PTSD): €1,000–€80,000.
Seeking legal guidance
If you have been seriously injured by a drunk driver, it’s advisable to seek legal advice from an experienced personal injury solicitor. A solicitor with extensive experience in road traffic accident claims will help ensure your claim is filed correctly, within the legal time limits, and maximise your chances of receiving fair compensation for your injuries. At McCarthy + Co Solicitors LLP, our personal injury team has many years of experience bringing successful claims of this nature. Arrange a free initial consultation with us today using our confidential online form.
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