WHAT TO DO AFTER A CAR ACCIDENT THAT WAS NOT YOUR FAULT *

WHAT TO DO AFTER A CAR ACCIDENT THAT WAS NOT YOUR FAULT *

What To Do When A Car Accident Was Not Your Fault *

Car accidents * are an unexpected event and happen on a regular basis. According to the Injuries Board, road traffic accident claims * made up 72% of all claims submitted to them in 2017. One of the most common questions that we are asked is – ‘I was involved in a car accident * that was not my fault – what should I do?’. We’ve put together a list of steps to take following a car accident that was not your fault:

STEP 1 – Check for Injuries

Your health should your number one priority. Take a second to check for any injuries you may have sustained. Once you have checked yourself, ensure to check any passengers you may have been carrying at the time.

STEP 2 – Turn off the engine

Ensure to turn off your engine where possible and try not to move the car unless is it necessary to do so.

STEP 3 – Call an ambulance

Before doing anything else ensure that an ambulance is called to the scene to tend to anyone that is injured. Ensure that you are seen to when they arrive no matter how minor you think your injuries after the car accident * may be. Minor injuries that go untreated may develop into more serious ones in the future. For example, in some cases, whiplash symptoms can take some time to appear after an accident

STEP 4 – Call the Gardaí

No matter how minor you think the accident is called the Gardaí to report the accident. The Gardaí may ask you some questions about the accident. They do this as they are trying to assess the severity of the accident.

If the Gardaí do not attend the scene of the accident, then it will be left to you to gather important information regarding the accident. Once you have done this and left the scene, it is advisable to attend your local Garda station to report the accident officially.

If the Gardaí do attend the scene of the accident, then you must wait there while they follow their own procedure. When they are finished you may then leave the scene.

STEP 4 – Exchange important information

It is important that you gather all the important information from the person who caused the accident. This information includes:

  1. Name, address, contact details
  2. Insurance information, which includes the insurance company name and number, motor insurance policy numbers, driver licence number, vehicle registration number and the make, model and year of the car.
  3. Car registration number

Find out if the other driver is the registered owner of the car or if it is a company car, for example, and take the details of the owner of the car.

STEP 5 – Document the accident

When making a claim for a car accident that was not your fault, it is important that you have a comprehensive account of the accident and the person at fault. The following information is useful to gather:

  1. Date and time of the incident
  2. Make, model, registration number and colour of the other car at fault
  3. Note the weather conditions at the time of the accident
  4. Take note of the state of the road – potholes, unclear road markings, collapsed signs etc. Take pictures of anything noteworthy
  5. The position of the cars after the accident – take photos of the scene from different angles
  6. If you can recall exactly how the accident happened, sketching this down can be helpful
  7. Speak with any witnesses to the accident and take their names, addresses and contact numbers
  8. Detail the damage to the car – take photos of the damage also
  9. Details of your injuries – take photos of your injuries also
  10. Check around to see if any CCTV may have captured the accident if so your solicitor can request this footage from them.

STEP 6 – Speak with a Car Accident Solicitor *

When making a claim for injuries sustained in a car accident, it is advisable to speak with a solicitor to understand your situation better. There is a certain process to follow when making a car accident claim *:

  1. Details of the accident will be gathered by your solicitor and then submitted to the Injuries Board for assessment first. All personal injury claims (with a few exceptions) must be submitted to the Injuries Board first by completing and submitting an Injuries Board Form A.
  2. The Injuries Board will assess your claim and revert with a suggested amount to be paid to you from the other side.
  3. You can either accept or reject this amount. Your solicitor will discuss this with you and help you in coming to a decision that best meets your interests.
  4. If you and the other side agree to Injuries Board assessment, then your claim will be settled at this point.
  5. If either you or the other side rejects the Injuries Board assessment, then you move to the next stage and legal proceedings are issued.

Note: The majority claims are settled before ever stepping foot into a courtroom, usually via settlement talks. Your solicitor will be with you each step of the way to keep you updated and aware of any progression in your claim.

TELL US ABOUT YOUR CASE

Tracey Solicitors draws on over 30 years of experience in car accident injury claims *. If you would like to discuss your situation in more detail, feel free to call us on 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case and we can call you back.

TELL US ABOUT YOUR CASE

contact no win no fee solicitors

016499900

or email ask@traceysolicitors.ie to tell us about your case and we can call you back

TELL US ABOUR YOUR CASE

Personal Injury Claims * – Useful Information

 

What is a Road Traffic Accident Claim *?

In scenarios where a person is involved in an accident on the road * that was not their fault and sustains an injury as a result of that accident, they may be entitled to pursue a road traffic accident claim *.

There are many different scenarios that could lead to a claim, most common of which are:

Each scenario and case will be different, therefore, it is important that you contact a road traffic accident solicitor * as soon as possible after the accident to discuss your case.

How do I start a road traffic accident claim *?

The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form A in order to start the claims process.  Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) do this on your behalf.

My claim has been submitted to the Injuries Board, what happens next?

Once the Injuries Board have received your application they have a period of 9 months in which to assess your claim. Once assessed, the Injuries Board will revert back to you and the person at fault with a suggested compensation amount to be paid to you. At this stage, one of two scenarios will come to pass:

  1. If both parties agree on the settlement amount, the Injuries Board will issue an order to Pay and the compensation amount will be paid to you.
  2. If either party disagree on the compensation amount then your case moves to the next stage – you have 6 months to issue court proceedings.
How is compensation calculated?

A compensation amount is calculated by taking into account the following aspects:

  • Loss of wages, if absent from work due to injury
  • Future loss of earnings, if absent from work for a long period of time
  • Medical expenses resulting from the injury
  • Future medical expenses resulting from the injury
  • Out of pocket expenses

In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases * (over 51,000 in total) from the years 2014-2015.

“I really enjoyed Tracey Solicitors service. They really helped me in solving my case without any complications in a very fast way. I would really recommend Tracey Solicitors to everyone who is looking for a great solicitor. “

Personal Injury Client *

Client Story – Daniel, Road Traffic Accident *

Incident: Daniel works for a logistics food delivery company and was walking from the driver’s door to the back of the van. A car then came from behind the van and hit his left forearm and left wrist area. His left forearm and wrist area hit off the wing mirror of the car as it came through a very tight gap between Daniel’s van and other traffic. The impact caused the mirror to be folded in. He was shocked but initially felt fine and carried on doing his deliveries. Later on in the evening, he noted injury in the mid-forearm and this got progressively worse by the next morning. He thought it would settle but as it did not he paid a visit to the doctor. He was diagnosed with soft tissue damage and it was not possible to put a time limit on his recovery. Subsequently, Daniel found that when he woke up during the night when he felt discomfort in his arm. He could not put weight on it and said it was ‘like the sensation of a dead leg but in the arm’.

Case progression: The Personal Injuries board made an offer but was rejected by the client on the 26/10/2017 and proceedings were issued on the same day. The case was brought to the Circuit Court.

Settlement: Settled on the 10/04/2018. The driver was at fault as she had a duty of care towards the pedestrian.

Client Story – Daniel, Road Traffic Accident *

Incident: Daniel works for a logistics food delivery company and was walking from the driver’s door to the back of the van. A car then came from behind the van and hit his left forearm and left wrist area. His left forearm and wrist area hit off the wing mirror of the car as it came through a very tight gap between Daniel’s van and other traffic. The impact caused the mirror to be folded in. He was shocked but initially felt fine and carried on doing his deliveries. Later on in the evening, he noted injury in the mid-forearm and this got progressively worse by the next morning. He thought it would settle but as it did not he paid a visit to the doctor. He was diagnosed with soft tissue damage and it was not possible to put a time limit on his recovery. Subsequently, Daniel found that when he woke up during the night then he felt discomfort in his arm. He could not put weight on it and said it was ‘like the sensation of a dead leg but in the arm’.

Case progression: The Personal Injuries board made an offer but was rejected by the client on the 26/10/2017 and proceedings were issued on the same day. The case was brought to the Circuit Court.

Settlement: Settled on the 10/04/2018. The driver was at fault as she had a duty of care towards the pedestrian.

FREQUENTLY ASKED QUESTIONS

What is negligence in personal injury *?

In the legal world, negligence is defined as the failure of a person to uphold a reasonable duty of care or breach the duty of care or standards of behaviours expected of them for the protection of people against the unreasonable and avoidable risk of accident and injury.

For negligence to be established and proven there are several elements that must exist…

READ MORE

How long do you have to claim after a car accident?

Following a car accident * there is a certain time period in which a person can make a personal injury claim *. This time period is known as the statute of limitations and for a car accident * a person has 2 years less one day from the date of knowledge of their injuries to make a claim *…

READ MORE

How long does it take to settle a car accident claim *?

This is one of the most common questions asked by those making a car accident claim *. However, this is a difficult question to answer. The amount of time it takes to settle a case varies depending on the complexity of your case and injuries sustained because of the accident…

READ MORE

FREQUENTLY ASKED QUESTIONS

What is negligence in personal injury *?

In the legal world, negligence is defined as the failure of a person to uphold a reasonable duty of care or breach the duty of care or standards of behaviours expected of them for the protection of people against the unreasonable and avoidable risk of accident and injury.

For negligence to be established and proven there are several elements that must exist…

READ MORE

How long do you have to claim after a car accident *?

Following a car accident * there is a certain time period in which a person can make a personal injury claim *. This time period is known as the statute of limitations and for a car accident * a person has 2 years less one day from the date of knowledge of their injuries to make a claim *…

READ MORE

How long does it take to settle a car accident claim *?

This is one of the most common questions asked by those making a car accident claim *. However, this is a difficult question to answer. The amount of time it takes to settle a case varies depending on the complexity of your case and injuries sustained because of the accident…

READ MORE



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