Car Crash Claims *
Being involved in a car accident *, regardless of how serious the road traffic accident * was, can be a traumatic experience whether you have sustained any injuries or not. In cases where you are involved in a car crash * that was not your fault, there may be a legal remedy you can seek by way of a car crash claim *.
According to the Injuries Board, road traffic accidents * are the most common source of claims * with 75% of the settlement awarded as a result of car crashes * in Ireland. The most common factors that lead to serious personal injuries * and fatalities on the road are:
- Driving under the influence of alcohol
- Driver fatigue (driving while tired)
- Failure to wear a seatbelt
- Weather conditions that lead to hazardous driving
- Merging traffic
Making a Claim
Immediately following a car accident * it is vitally important that you establish whether you and anybody else involved in the accident (this includes passengers and occupants of the other vehicle) have sustained any injuries in the crash. Once established, it is important that you call an ambulance to the scene of the crash, regardless of whether you perceive the injuries to be serious or not, it important that medical attention is sought straight away. Medical attention is also an important factor in cases where personal injuries * have been sustained as you will need a medical report later on in the process to prove your injuries.
1. Report the car accident *
It is important that you report the accident as soon as possible to the local Garda and your car insurance company. The Gardaí may or may not attend the scene of the crash, this will depend on how serious the accident was. In cases where the Gardaí decide not to attend the scene of the crash, it is important that you visit your local Gardaí station as soon as possible after to give a full statement of the accident.
Do not make admit any liability at the scene of the accident to the Gardaí or to the other parties involved in the accident *.
2. Document the incident
Once you have phoned the Gardaí and reported the accident *, it is important that you gather as much information as possible there and then, He is a list of the important information that you will need to collect and what you need to do is involved in a car accident *:
- Details of the driver’s car registration number, insurance company and policy number
- Name of the Gardaí and station you spoke with
- Name, address, telephone number of the other driver
- Name, address, telephone number of any witnesses to the accident
- Make a sketch or drawing of the accident
- Take photographs using a camera or your smartphone
- Record details such as street names, the vehicle’s location on the road and the direction of the traffic at the point of collision.
It is important that you do not leave the scene of the accident until you have gathered all the important information and until you have gathered the insurance details from the other driver. If you or anybody else involved in the car accident * has suffered a personal injury * make sure you stay at the scene until the Gardaí/police have arrived.
3. Speak to a car crash solicitor *
Following a car accident, if you are considering moving forward with a car accident claim * for any personal injuries or material damages sustained it is advisable that you speak with a car accident claims solicitor * as soon as you can. If proceeding with a claim the first step will be submitting your claim to the Injuries Board for assessment. A car accident solicitor * can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident and also to retain copies of medical reports or Garda reports, where possible as you will need them when making a claim.
If you are to proceed with a car crash claim * settlement is decided for the accident * by any personal injuries * you may have sustained and added expenses you may have incurred, these claims are called damages:
General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following a car accident *
Special Damages: Out of pocket expenses incurred as a result of the accident * for example, loss of earnings (if you were out of work), medical bills, and added travel costs as a result of the accident, for example, travel to and from the hospital.
Material Damages: Material damage refers to damage caused to your personal property, for example, in a car crash *, the material damage would be the damage to your vehicle.
Useful Legal Information
Statute of Limitations – Legal Time Frames
After involvement in a car accident *, it is important to remember that there is a certain timeframe in place within which you can bring a claim *. This time frame is called the statute of limitations.
Personal Injury Claims * for Car Accidents Involving Children
Accidents involving children * are treated differently in comparison with accidents involving adults. The welfare and health of the child is of utmost importance, often overshadowing the need or want to proceed with legal proceedings. A claim for an accident involving a child * is treated differently than personal injury claims * for adults.
Making a claim when hit by an uninsured/untraceable driver
If you have been hit by an uninsured driver you are covered by the Motor Insurers Bureau of Ireland (MIBI) Agreement which will help provide settlement for injuries and material damages.
Car Accidents * Abroad
If you were involved in a car accident abroad * and are resident in Ireland then you may be able to pursue a car accident claim * in Ireland. It is important that you speak with a car accident claims solicitor * straight away after the accident as the time limit, you have to make a claim will be the time limit of the country where the accident occurred, not Ireland, which may be less than the two-year limit here.
Contact Tracey Solicitors’ Car Accident Solicitors *
With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand. For a confidential discussion please feel free to phone us on 00353 (0) 1 649 9900 or email firstname.lastname@example.org and tell us about your case.