WHAT TO DO IF YOU’RE INVOLVED IN A CAR CRASH *?

WHAT TO DO IF YOU’RE INVOLVED IN A CAR CRASH *?

Car Accident Claims * – What to do if you’re involved in a car crash *?

Car accidents * are an unexpected event and can happen without a moment’s notice. According to the Injuries Board, 72% of all personal injury claims * that are sent to them for assessment are road traffic accidents *.

Immediately after the accident:

  1. If you are involved in a car accident * that was not your fault your health is your number one priority. Take a second to switch the car off and turn your hazards on and check yourself to see if you are injured, if you are, assess the extent of your injuries. Some injuries may take time to show symptoms, like whiplash, for example. This is why it is important to always get checked.
  2. Try to calm yourself, take a few deep breaths to steady yourself before seeing to other people involved.
  3. Check to see if anybody else involved in the accident is injured or in need of any medical assistance.
  4. Call an ambulance to ensure that the injured are seen to.
  5. Where possible, do not move the cars from their position, unless it is necessary to do so. Try and wait for the police or emergency services to arrive before attempting to move your vehicle.
  6. Do not make any statements about the accident or admit liability at the scene of the accident.

Call the Gardaí

  1. Call the Gardaí no matter how minor you think the accident may be, especially if you believe If you believe that the person at fault for the accident has taken drugs, is drunk, caused the accident on purpose, has no insurance or licence or if they leave the scene on foot or otherwise.

The Gardaí are likely to ask you some questions about the accident. They do this to assess whether they will come to the scene or not. For minor accidents, they may not attend the accident and leave it with you to sort out the situation with the other driver.

If the Gardaí do not come to the scene

If the Gardaí tell you they will not attend the scene, you will need to take all relevant details from the other driver and then you can leave the scene. Take the name of the person you spoke with and then go to your local Garda station to report the accident and any injuries sustained.

If the Gardaí do come to the scene

If the Gardaí do attend the scene, you must wait until they have done their job before you can leave the scene of the accident.

Exchange important information

  1. Ensure to give the following details to the other party and get the following details from them too:
    • Name, address, contact details
    • 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.
    • 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.

Document the Accident

  1. Record the following details – use your phone or a pen and paper to record the following:
    • Date and time of the accident
    • Make, model, registration number and colour of the other car
    • Weather conditions at the time of the accident, including visibility
    • State of the road – potholes, unclear road markings, collapsed signs etc
    • The position of the cars after the accident
    • If you can recall exactly how the accident happened, sketching this down can be helpful
    • Speak with any witnesses to the accident and take their names, addresses and contact numbers
    • Detail the damage to the car – take photos of the damage also
    • Details of your injuries – take photos of your injuries also
    • Check around to see if any CCTV may have captured the accident if so your solicitor can request this footage from them.

 Report the accident to your Insurance Company

  1. Following your documentation of the accident, the next step is to inform your insurance company of the accident. Many insurance policies require you to report an accident immediately.

Making a Claim

If you are making a claim for injuries sustained in an accident that was not your fault speak with a car accident solicitor * as soon as possible to get started. There is a certain process to follow when making a personal injury claim after a car accident *:

  • Your solicitor will help you gather all relevant information needed to make your claim. The information needed will be a detailed account of the accident, photos of scene and injuries, where possible, CCTV footage, details of expenses incurred and details of the party at fault.
  • All car accident injury claims * must be submitted to the Injuries Board first for assessment. Your solicitor will fill out the Injuries Board Form A and submit this for you.
  • The Injuries Board will then assess your claim and injuries and revert with a suggested settlement. You and the party at fault then have a choice to make – either accept the assessment or reject it and bring the claim further.
    • If both you and the party at fault accept the assessment, then your claim will be settled, and the Injuries Board will issue an Order to Pay and the payment will be made to you
    • If either you or the party at fault rejects the Injuries Board assessment, then you will move the next stage of the claims process and issue legal proceeding to bring the case to court. If you claim has progressed to legal proceedings, your solicitor will take the reins and prepare your case and keep you updated and informed at each step.

Note: The vast majority of claims the progress to legal proceeding never make it to the courtroom. This is because they are usually settled before stepping foot into a courtroom through settlement talks. Only a small percentage of cases make it to the courtroom where a Judge will decide on their claim.

TELL US ABOUT YOUR CASE

Tracey Solicitors draw on over 30 years of experience in road accident claims * and the claims process. If you are unsure about your situation or would like to discuss your case in more detail feel free to call our team of solicitors on 01 6499900 or email us at ask@traceysolicitors.ie and tell us about your case.

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.

“Very efficient. I was always kept updated, treated respectfully & I was impressed with how quickly calls/e-mails were returned.”

Personal Injury Client *

Client Story – John, Road Traffic Accident *

Incident: John was the driver of a car which was stopped at a crossroads when it was hit from behind by a jeep and shunted across the road. The front of his car then hit a stone wall. He was wearing a seatbelt but the airbags were not deployed. John’s left arm was in a straight position holding the steering wheel at the time of impact and was jolted and twisted in his seat. After the incident, he had noted injury to his neck and left shoulder. Following the accident, he got out of the car unaided and was walking at the scene. He went home after the accident but was unable to sleep that night due to the injury sustained in his lower neck and around his left shoulder blade. The following day he ended up in the Emergency Department. John sustained soft tissue injuries to his lower neck, mid back and left shoulder. Following that he developed winging of the left scapula and has progressive difficulty elevating his left shoulder. He also had intermittent numbness of his left hand. John had to attend physiotherapy and massages for his neck pain and headaches. He was unable to return to work and it has prevented him from going to the gym and keeping up his fitness.

Case Progression: The Personal Injuries Assessment Board made an offer which was rejected by the client and proceedings were issued on 09/09/2016.

Settlement: The case was settled on the 18/07/2018. John was rear-ended so the defendant was liable as they had a duty of care to John as he was driving in front of them.

Client Story – John, Road Traffic Accident *

Incident: John was the driver of a car which was stopped at a crossroads when it was hit from behind by a jeep and shunted across the road. The front of his car then hit a stone wall. He was wearing a seatbelt but the airbags were not deployed. John left arm was in a straight position holding the steering wheel at the time of impact and was jolted and twisted in his seat. After the incident, he had noted injury to his neck and left shoulder. Following the accident, he got out of the car unaided and was walking at the scene. He went home after the accident but was unable to sleep that night due to the injury sustained in his lower neck and around his left shoulder blade. The following day he ended up in the Emergency Department. John sustained soft tissue injuries to his lower neck, mid back and left shoulder. Following that he developed winging of the left scapula and has progressive difficulty elevating his left shoulder. He also had intermittent numbness of his left hand. John had to attend physiotherapy and massages for his neck pain and headaches. He was unable to return to work and it has prevented him from going to the gym and keeping up his fitness.

Case Progression: The Personal Injuries Assessment Board made an offer which was rejected by the client and proceedings were issued on 09/09/2016.

Settlement: The case was settled on the 18/07/2018. John was rear-ended so the defendant was liable as they had a duty of care to the John as he was driving in front of them.

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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