Making an E-Scooter Accident Claim *
The use of electric-powered scooters has become ever more popular in our Irish transport system. Although there is uncertainties surrounding the law as to how and where they may be used, e-scooter users are still vulnerable to road traffic accidents, whereby the incident was not their fault. In cases where another party may have been responsible for your accident & resulting injuries, you may be eligible to make an e-scooter claim *. Compensation awarded in such cases could help you to cover the cost of medical fees and any potential loss of earnings from time spent out of work.
What to do if I am involved in an E-scooter accident *?
If you have been involved in an E-scooter accident, the following steps are not only beneficial for future reference, but also for ensuring that if you proceed with making an e-scooter accident claim in Ireland, the process runs as smoothly as possible for you.
1. Seek Medical Attention
Your health is your wealth and should be your first priority. Immediately after an E-Scooter accident *, take a second to assess yourself to determine if you have any injuries. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene and treat you. For minor injuries, you must remember that where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe rather than sorry and is advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
2. Report the incident to the Gardaí and wait for them to arrive
Reporting the incident to the Gardaí should be your next port of call. Depending on the seriousness of the accident, Gardaí may not attend the scene. In cases where they don’t, it will be up to you to record the details of the accident and then you must go to your local Garda station as soon as possible after the accident to make a statement and report the accident.
3. Get your version of events recorded
In order to make a detailed statement to the Gardaí about the accident, you must take the time to record the details of the incident.
- We all have a camera in our pockets, make sure to use it and take pictures of any injuries you sustained in the accident
- Take pictures of the scene of the incident
- Once you have visual evidence of the accident, obtain the detail of the other person involved in the accident such as; full name, phone number, email address, address, and vehicle registration number (in cases of car/ bike /E-Scooter accidents).
- If there were any witnesses to the event ask them if you can take their contact details (Name, phone number, email address) and their consent to use them as a witness to the accident if needed in the future.
- If there are any CCTV recordings of the accident, like a camera nearby shop, for example, ask for a recording of the footage.
4. Seek Advice from a Solicitor
Accidents between E-Scooters and cars involve complex legalities where a professional accident solicitor might be able to best advise you. While there are routes that a person can take themselves if processing with an accident or personal injury claim *, there are some hurdles along the way that may delay your case – road traffic accident solicitors will be aware of these hurdles and overcome them quickly for you. Remember, there is a certain amount of time you have to move forward with a claim before it is too late. These legal time limits are referred to as the statute of limitations.
5. Proceed with the claim correctly
The first thing a solicitor will need from you is the details of the accident. If you have documented the details of the incident, then you will be very well prepared when you start the E-Scooter accident claims * process. If you haven’t been successful in gathering all information needed for your claim, your solicitor can help you gather information, such as CCTV, by issuing a data access requests, obtain medical records, a statement of damage to your E-Scooter from a garage etc.
Engaging a solicitor to help you make a claim will mean that you can focus on your recovery while your solicitor will focus on gathering all the information needed to determine liability at an early stage so that your case can progress quickly and smoothly.
Once the information has been gathered, the next step is to apply to the Injuries Board and a solicitor can do this on your behalf. The Injuries Board will assess the claim and then suggest an amount of compensation be paid to you from the person at fault for the accident. At this stage, if you both agree to the compensation amount then your case is settled and the person at fault is then ordered to pay compensation to you.
In cases where you or the person at fault do not agree to the amount of compensation suggested by the Injuries Board, then the case will move forward to the next stage of the E-Scooter accident claims * process and court proceedings will be issued.
6. Negotiate with the insurance companies
Negotiating with an insurance company for compensation can be done by you personally or in some cases by a personal injury solicitor*. In negotiating for an E-Scooter accident insurance payout it is important that you have the full details of the accident, i.e. damage to the E-Scooter, the cost of repairs and a final prognosis of any injuries sustained.
7. How is my personal injury case * settled?
Important to note is that a claim for compensation following an e-scooter accident in Ireland can be settled in one of three ways:
- By both parties agreeing to the suggested amount of compensation by Injuries Board
- By dealing directly with the insurance company and compensation being agreed before it reaches court
- Through court proceedings
Having a final prognosis of your injuries from a doctor and final statements of the damage to your vehicle is imperative in ensuring that your best interests are represented when it comes to settling your case. Settling your case before you have a final prognosis of your injury or final quote of the damage to your E-Scooter, may mean that compensation will be agreed will not meet the severity of your injuries or E-Scooter repairs.
8. Issuing court proceedings and negotiating a settlement
In many cases, once court proceedings are issued, you will attend a settlement meeting with your solicitor who will help you negotiate a settlement amount. Your solicitor will guide you through each step of the court proceedings and settlement meeting. More often than not personal injury cases * are settled outside of court and compensation awarded before you have to step foot into a courtroom.
Compensation amounts will vary depending on the situation as each individual case will be unique, meaning that there is no quick and simple answer to this question. As every person’s personal circumstances and injuries are different, speaking with an accident solicitor would be your best way forward to understanding your case.
When a case is assessed by the Injuries Board, they will review their Book of Quantum in order to get an insight into how past cases similar to yours has settled in order to come to a conclusion about how much compensation they will suggest. For an insight into bike accident settlement amounts see our compensation claims estimator to see how much compensation has been awarded in the past for different injuries to different parts of the body.
Factors taken into account when assessing settlement amounts
- Impact the injury has on your quality of life
- Earnings you have lost, if you are absent from work
- Future earnings lost as a result of the injury
- Medical cost for treatment of the injury
- Future medical costs, if long-term treatment is needed
- Out of pocket expenses, like travel costs
- Psychological injuries
Tracey Solicitors draw on over 30 years of experience as personal injury solicitors * in Dublin and have the expertise and knowledge to help you navigate the legalities of making a claim without any of the legal jargon attached to it. Our promise is to make law accessible to all. For more information call 01 649 9900 or email email@example.com and tell us about your case