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Car Accident Compensation Claims

Navigating the aftermath of a car accident can be an overwhelming and stressful experience, especially when dealing with injuries, property damage, and the inconvenience of insurance claims. At McCarthy + Co, we help guide our clients through the difficult process of car accident claims, ensuring that they receive the full compensation they’re entitled to.

Road traffic accident

Bringing a car accident compensation case

Car accidents are among the most frequent types of traffic incidents on our roads, primarily due to the high number of vehicles in circulation. These accidents encompass a wide range of situations and causes, potentially creating difficulties when attempting to bring a claim for compensation.

For drivers involved in an accident, establishing fault is crucial before any claim for negligence can be pursued. Merely being injured in a car accident does not automatically qualify one for compensation; there must be clear evidence that another party’s fault led to the accident.

Passengers, on the other hand, find themselves in a different legal position. Generally, if you’re a passenger in a car accident, liability is likely to rest with someone other than yourself. In incidents involving a single vehicle, the driver of the car you were in typically bears responsibility. In accidents involving multiple vehicles, a passenger might need to explore claims against both the driver (and potentially the owner) of the car they were in, as well as those associated with any other vehicle involved. This ensures a thorough approach in seeking rightful compensation.

Understanding contributory negligence

Seat belts are a critical safety measure for everyone traveling in a vehicle, serving as a fundamental line of defence in the event of an accident. Although failing to wear a seat belt does not automatically disqualify you from filing a claim, it may result in a contributory negligence finding. This means you could be considered partially responsible for the extent of your injuries due to not taking the precaution of wearing a seat belt, which is a recognised safety requirement.

While the reduction in compensation due to contributory negligence varies, not wearing a seat belt could potentially decrease your compensation by approximately 30%. This underscores the importance of adhering to safety protocols, not only for your protection but also to safeguard your legal rights in the aftermath of an accident.

Material damage claims

Regarding vehicle material damage and related transportation loss claims, these are usually addressed early by the at-fault driver’s insurance company.

There’s no requirement to inform An Garda Síochána of an accident unless injuries occur. In such cases, the Gardaí will conduct breathalyser tests on all drivers. If there’s mutual agreement, parties need not report the incident but must exchange contact details.

Leaving an accident scene without exchanging necessary information is illegal. While not mandatory, reporting to An Garda Síochána in disputes is advisable, as their documentation can be crucial in determining fault.

Speak to our legal team now about your case. Call us Freephone on:

1800 390 555

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Frequently Asked Questions

Some of the questions we are often asked in relation to car accidents.

  • Should I notify my insurance company after a car accident, even if I am not to blame?

    Even in the event that it is clear you are not to blame for the accident, it’s generally prudent to contact your own insurance company and make them aware of the incident as they may wish to carry out investigations. For instance, if a third party claimed afterwards that they were somehow injured as a passenger in the other person’s vehicle, and claims that you were to blame for this, you want to make sure that your insurance company doesn’t have any basis for saying that they have no obligation to indemnify you for a failure to notify them of the circumstances.

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  • What about offers of assistance or payment and so on by the third party insurance company?

    Vehicle replacement and repair is always done at a relatively early stage before you actually get to the point where you can lodge an application for assessment of damages for your injuries. So there’s no difficulty whatsoever with negotiating on the material damage to the vehicle side of things and dealing with the personal injuries claim later on. You’ll generally find that they’ll make an offer and it is a matter for negotiation in arriving at what is acceptable to you by reference to the actual value of the damage suffered.

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  • How long do I have to bring a car accident claim?

    The rule of thumb is that you should have written to the other side through your solicitor within two months of the date of the accident notifying them that you’ve been injured and that you will probably be making a claim.

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  • Do I need a solicitor if I have been injured in a car accident?

    If you've suffered personal injuries from a car accident and are considering filing a claim, consulting a solicitor promptly is crucial. Starting your claim involves submitting it to the Injuries Board for assessment. An experienced solicitor can assist in preparing your application accurately and efficiently, ensuring adherence to the correct process and minimising delays.

    Additionally, your solicitor's knowledge and experience alleviates the stress of navigating the legal system alone, allowing you to focus on the recovery from your injuries. A solicitor will work to achieve a more favourable and expedient settlement, making their guidance crucial for a successful claim.

Start your car accident claim

Get expert advice on bringing a car accident compensation claim today, by contacting our experienced personal injury solicitors. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on info@mccarthy.ie and we will get back to you as soon as we can.

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About McCarthy + Co

With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including road traffic and car accident compensation claims cases. We are a family-run business, and we pride ourselves on offering honest, impartial and helpful advice.

Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance and assistance on any form of personal injury.

Take a look at Our Video FAQs

If you have a specific question about what you should do following a car accident, you may find our video FAQ guides useful. Take a look at these videos here.

Our Awards & Accreditations

We are a multi-award winning firm, accredited by the Law Society of Ireland.

Law Firm of the Year - Irish Law Awards
Irish Law Awards 2022 - Winner of Excellence & Innovation in Client Services
Irish Law Awards 2022 - Excellence & Innovation in Client Services
Irish Law Awards 2021 - Litigation Law Firm of the Year (Munster)
Q9000 The Legal Quality Standard of Ireland
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Law Society of Ireland logo
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AvMA logo - Action Against Medical Accidents
Irish Law Awards 2014 winner logo

Our Partners

Directly contact our partners via email about your case.

Flor McCarthy

Flor McCarthy

Email: flor@mccarthy.ie
Follow Flor on Social Media

Twitter: @flormccarthy LinkedIn: /in/flormccarthy/

wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

John McCarthy

Email: john@mccarthy.ie
Follow John on Social Media

LinkedIn: /in/johnmccarthysolicitor/

is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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