Car Accident FAQs
What should I do after a car accident?
Firstly, check for any injuries to yourself or your passengers. Next, evaluate the damage, exchange contact details, note registration numbers and take photos where possible. Call the guards if necessary and, if appropriate to do so, get an engineer on-site to inspect the scene.
Can I make a claim if a car accident is my fault?
No. If you are wholly to blame for the accident, then you are not entitled to any compensation for any injuries incurred. However there may be a situation where liability can be split between you and another party and if this is the case, the amount of compensation will be reduced.
How do car accident claims work?
Car accident claims are based on the concept of negligence. You are entitled to be compensated if you have received injuries as a result of someone else’s negligence or breach of duty. If you have been a passenger in a car accident, you are entitled to be compensated regardless of whether the driver is to blame.
Do car accident claims go to court?
Rarely – over 90% of car accident claims do not go to court. In Ireland, there is the Personal Injuries Assessment Board (PIAB) and this board seeks to keep as many car accident cases out of court in order to keep legal costs to a minimum.
How are car accident claims settled?
If a claim is being dealt with by the PIAB, your solicitor will compile reports from your GP/Medical Professional depending on the nature of the injuries. These reports will be filed with the PIAB by your solicitor. The PIAB will look at the reports of your injuries and will choose a Medical Specialist on their own panel to assess you. The PIAB will then look at both lots of reports and decide on the appropriate compensation you should receive.
How much compensation will I receive for my car accident claim?
This will be determined by reference to the Book of Quantum found on the PIAB website. This document shows the varying categories of injuries and the different bands of compensation. General Damages: physical impact of the injuries. Special Damages: covers any monetary loss you have incurred as a result of your injuries (medical bills, pain medication, loss of earnings, physiotherapy).
Will I receive additional compensation if I experienced anxiety after the accident?
Yes – This will come under the category of General Damages as this covers any pain or suffering experienced, both physical and psychological. However, you will have to show that you have suffered a recognised psychiatric injury and that it is directly as a result of the car accident.
How do car accident claims affect my insurance?
It may have an effect on your premium at your next car insurance renewal. If your case is being dealt with by the PIAB, it can take a minimum of 12 months to be processed so when renewing you will have to declare that you are involved in an ongoing claim and this may raise your insurance premium.