Car Accident Compensation Claims

Your safety comes first. If anyone is injured, call 999 or 112 and seek medical attention straight away. If it is safe to do so, you should also:

1. Move to a safe location and switch on hazard lights.
2. Exchange names, addresses, phone numbers, vehicle registration details, and insurance details with the other driver.
3. Take photos of the scene, the vehicles, road markings, and any visible injuries.
4. Get the names and contact details of any independent witnesses.
5. Report the collision to the Gardaí where appropriate, particularly if there are injuries, a dispute about what happened, or an untraced driver.

Yes, it is usually sensible to notify your own insurer as soon as possible, even where you believe the other driver is to blame. Your policy may require notification, and early reporting can help protect your position if the other side later disputes liability or raises allegations.

You can usually deal with vehicle repairs and replacement transport early on, and you can address the personal injury claim separately later. However, you should read any paperwork carefully, and do not sign anything that says “full and final settlement” of all claims unless you are sure it only relates to property damage, and you are happy to close matters entirely.

In most cases, the time limit is two years, less one day, running from the “date of knowledge”. The date of knowledge is usually the date of the accident, but it can be later in some situations, for example, where symptoms emerge over time.

There is also a separate requirement to send a written letter of claim within one month of the accident (or as soon as reasonably possible). If you do not do this without good reason, it can have consequences in court, including on costs.

In most personal injury cases, yes. The Injuries Resolution Board (previously known as PIAB) is the State body that assesses many injury claims and, in suitable cases, can also offer mediation. If the claim is not resolved through the Board process, you may receive an authorisation to issue court proceedings.

A complete application includes your completed application form, the required fee, and a medical report from your doctor. If the application is not complete, it may not be processed, and it may not protect you against time limits, so it is important to get advice early.

General damages (for pain and suffering) are assessed in line with the Judicial Council’s Personal Injuries Guidelines, and the courts must also have regard to those guidelines in relevant cases. Special damages (your out-of-pocket losses) can include medical expenses, travel costs, and loss of earnings, where supported by evidence.

Possibly. Where liability is shared, compensation can be reduced to reflect contributory negligence. The outcome depends on the evidence and the circumstances, such as speed, lookout, road positioning, and use of seatbelts.

Yes. Passengers can often bring a claim if their injuries were caused by the negligence of a driver or another road user. In many situations, a passenger’s claim can proceed even where the at-fault driver is a friend or family member, because the claim is often dealt with through insurance.

You may still be able to pursue compensation through the Motor Insurers’ Bureau of Ireland (MIBI) in cases involving uninsured drivers or untraced vehicles.

You are not required to instruct a solicitor, but early legal advice can help you protect key deadlines, gather the right evidence, and present your claim clearly. A solicitor can also advise on the appropriate legal routes, whether mediation may help, and what to do if the claim needs to move to litigation.