TIME LIMITS FOR CAR ACCIDENT CLAIMS *

TIME LIMITS FOR CAR ACCIDENT CLAIMS *

How Long Do You Have To Claim After A Car Accident *?

Following a car accident * and when making a claim * there are a number of items that you will need to take care of and there are usually time limits imposed on these items. Of course, medical attention should be your number one priority for yourself and anybody involved in the accident. Following this the two main topics we are questioned about are

  • How long do I have to report the accident?
  • How long do I have to make a claim after a car accident *?

Reporting the Accident

You should report the accident immediately where possible. Following a car accident * emergency services should be called and following this the Gardaí to report the accident. When you call the Gardaí, they will decide on whether they will attend the scene or not. They will base their decision on how severe the accident was.

If they attend the scene they will take account of the accident, cause, who was involved, witnesses, etc. and you must wait at the scene until they have done their job.

If they choose not to attend the scene of the accident (usually only in minor accidents) then it is advisable to visit your local Gardaí station and formally report the accident in person as soon as possible after the accident.

Following this, you must also report the accident to your insurance company. Many insurance companies have a specific time where a policyholder must report an accident – it may be 24 hours or possibly more. It is advisable to double check with your insurance company. It is usually advisable to report the accident immediately as soon as possible after the accident.

Making a Car Accident Claim *

Following a car accident * that was not your fault, 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 *.

What is the date of knowledge?

The date of knowledge is the date that the injured person became aware of their injury. Generally, the date of knowledge can be determined by the following facts:

The injured party had knowledge of the following facts:

  • They found out they were injured
  • That the injury was significant
  • That the injury was caused by the negligence of another person
  • They know the identity of the person at fault for the accident

For a car accident *, often the date of knowledge is usually the day of when the accident took place, i.e. it is a significant event and many times injuries present themselves immediately. In these cases, the 2-year time limit starts on the day of the accident.

However, in some cases, a person’s injuries may not present themselves for some time after the accident. In these cases, the 2-year time limit to make a claim will begin once you are made aware of your injuries.

Time Limits and Claims for Children

For accidents involving children * (child under the age of 18) injured in an accident * their circumstances are treated a little differently than an accident involving an adult. A minor cannot bring a personal injury claim * forward themselves. Therefore, if no claim is made in the 2 years following the accident, the two-year time limit to make a claim starts from the date of the child’s 18th birthday.

A minor does, however, have an opportunity to bring an injury claim forward before their 18th birthday if a parent or guardian does so on their behalf. This is referred to as acting as the minor’s ‘next friend’. In some cases, it is advisable to pursue the claim before the child’s 18th birthday. The sooner a claim is made the easier it is to source reliable evidence to strengthen your child’s case.

Exceptions

There are some exceptions to the general 2-year time limit in circumstances such as:

  • Cases where the injured person is considered to be mentally impaired because of the accident.
  • Misdiagnosis of an illness – the clock would start as soon as the person is diagnosed correctly
  • Cases where a serious injury prevents the injured person from pursuing a claim *. In this case, the person would have 2 years to make a claim once they are considered capable to pursue the claim themselves.

Making A Claim

1. Seek medical attention

The most important priority is your own health and safety. No matter how minor in the injury may feel it is important to be examined by a medical practitioner. A medical report will also be required as part of your claims process. Remember some injuries may not show symptoms until after the accident, whiplash, for example, this is why it is important to get checked out immediately.

2. Report the accident

Report the incident to the relevant authority – this will vary depending on the cause of the injury. Keep a record of the report as part of the claims process.

3. Witnesses

If there were any witnesses to the accident speak to them and ask for their contact details.

4. Document the incident

It is important that you have all the information available to give to your solicitor when you start the claims process. Any information that you cannot get access to, your solicitor will be able to source it for you. The information you can record is details of the accident, photographs of the scene, photographs of your injuries, witness details, medical bills, transport to and from hospital/treatments, CCTV footage of the accident if there were any cameras around and any other important information about the accident.

5. Speak with a solicitor

Having a solicitor involved early in the process can help to ensure that the claims process runs as smoothly as possible for you. Your solicitor will help you in gathering document, submitting your claim to the Injuries Board for assessment and work with you to bring your case to a close.

Case Settlement

The settlement of a case will vary as each case will be different. Generally, the settlement procedure would work as follows (of course, this is subject to change and your solicitor will keep you informed at each stage of the process):

  • Your solicitor will submit your claim to the Injuries Board for assessment
  • The Injuries Board assess your case and revert with a suggested award amount
  • You then decide whether to accept the amount suggested or to reject and move the next stage of the process
  • If both parties accept the compensation suggest, then your case will be settled at this point.
  • If one of both parties decline the suggested settlement amount, then you move to the next stage of the settlement process
  • In cases where the Injuries Board assessment is not agreed to, then legal proceedings are issued, and your case moves forward to a court hearing.
  • Before the court hearing, settlement talks take place. In most cases, a case is resolved, settled and compensation agreed at settlement talks before having to step foot into a courtroom.
  • If your case is not settled at the settlement talk stage, then your case moves to a court hearing where a Judge will decide on your case.

Tell Us About Your Case

If you have been involved in a car accident *, our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email ask@traceysolicitors.ie and to tell us about your case.

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.

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 am very satisfied with the service of your office. I would like to thank you for your effectiveness and fast course of the case. I will highly recommend your company to anyone.”

Personal Injury Client *

Client Story – Brendan, Road Traffic Accident *

Incident: Brendan was the driver of his car and was involved in a road traffic accident * on the 22/07/2016. He was accompanied by his fiancée and was driving on the old airport road around 4.45pm when he was rear-ended by another vehicle. The violence of the impact caused the car to be shunted forward approximately 3 or 4 meters on to the main road that Brendan was trying to enter and thankfully there were no further collisions as a result of him being shunted forward. He was wearing a seatbelt but the airbags did not deploy and he was able to get himself and his fiancée out of the car. The accident was complicated as he was flying to Lanzarote the next morning for a holiday. He proceeded to go on holidays but suffered severe pain in his right shoulder and cervical spine throughout. Brendan suffered soft tissue damage from the accident.

Case progression: The Personal Injuries Board decided that it would not be appropriate for them to make an assessment in the case on the 12/10/2016 and on the same day proceedings were issued. The case was brought to the High Court.

Settlement: Settled on the 07/12/2017 in the High Court. Road traffic accidents that include the client being rear-ended is always a case as the driver has a duty of care to pay attention to the car in front.

Client Story – Brendan, Road Traffic Accident *

Incident: Brendan was the driver of his car and was involved in a road traffic accident * on the 22/07/2016. He was accompanied by his fiancée and was driving on the old airport road around 4.45pm when he was rear-ended by another vehicle. The violence of the impact caused the car to be shunted forward approximately 3 or 4 meters on to the main road that Brendan was trying to enter and thankfully there were no further collisions as a result of him being shunted forward. He was wearing a seatbelt but the airbags did not deploy and he was able to get himself and his fiancée out of the car. The accident was complicated as he was flying to Lanzarote the next morning for a holiday. He proceeded to go on holidays but suffered severe pain in his right shoulder and cervical spine throughout. Brendan suffered soft tissue damage from the accident.

Case progression: The Personal Injuries Board decided that it would not be appropriate for them to make an assessment in the case on the 12/10/2016 and on the same day proceedings were issued. The case was brought to the High Court.

Settlement: Settled on the 07/12/2017 in the High Court. Road traffic accidents that include the client being rear-ended is always a case as the driver has a duty of care to pay attention to the car in front.

FREQUENTLY ASKED QUESTIONS

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 *. If you are involved in a car accident * your health is your number one priority. Take a second to switch the car off and turn your hazards on…

READ MORE

What should I do after a minor car accident *?

A minor road accident claim * is legal action taken whereby minor injury * or damage is incurred as a result of a minor road traffic accident * due to another parties negligence on the road. It is important to establish liability to ensure that the accident was not your fault…

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 to do if you are 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:

If you are involved in a car accident * your health is your number one priority. Take a second to switch the car off and turn your hazards on…

READ MORE

What should I do after a minor car accident *?

A minor road accident claim * is legal action taken whereby minor injury * or damage is incurred as a result of a minor road traffic accident * due to another parties negligence on the road. It is important to establish liability to ensure that the accident was not your fault…

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



Tell us about your case

16/17 St. Andrew Street, Dublin 2, Ireland

Office hours: Monday – Friday 9.00am – 5.00pm