HOW LONG DOES IT TAKE TO SETTLE A CAR ACCIDENT CLAIM *?

HOW LONG DOES IT TAKE TO SETTLE A CAR ACCIDENT CLAIM *?

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.

Factors affecting case settlement time

The length of time it takes to settle your car accident claim * will be dependent on many factors, such as:

  • Your injuries

The extent of your injuries may impact your claim. If you are in a more serious accident that was not your fault, you may not be able to move forward with your claim for some time – of course, this depends on your injuries.

  • The insurance company

While we have the best in practice systems in place to move the paperwork and administration of your case forward as quickly as possible, we still must wait on the other side – who may not move as fast as we will. In these cases, it can add some administration time to your case, which is unfortunately out of our hands.

  • Gathering the necessary documents

Depending on the complexity of your accident and injuries, it may take some time to gather the relevant documents and reports (medical reports).

  • The Injuries Board

Once we have the relevant documents together we will prepare your Injuries Board Application immediately. Once this is submitted, there will be a waiting period. The Injuries Board are obliged to review and revert on your claim within 9 months. According to the 2017 Injuries Board Report, their average processing time was 7.2 months. During this time there is very little to do with your case. Your solicitor will contact you as soon as an update comes back from the Injuries Board.

  • Injuries Board Assessment

Once the Injuries Board have reverted with a suggested settlement amount you will then have 28 days to either accept or reject it. If both you and the other side accept the assessment, then your case will be settled at this point. If you or the other side decide to reject the assessment, then you move to the next stage.

  • Legal Proceedings and Settlement Talks

Your solicitor will issue legal proceedings straight away. It is likely that your case will be settled before stepping foot into a courtroom via settlement talks. The length of time it will take to get to a settlement talk will depend on factors such as availability of barristers and availability of the other side to attend.

Settlement Time For Children

If you, as a parent or guardian, decide to move forward and bring a car accident claim * on behalf of your child, you will move through the same steps and the same factors listed above will affect how long it takes your child claim to settle.

With a child injury claim *, it is important to note that when the case is settled, the settlement is not paid out immediately to your child, it is held by the courts until the child reaches 18 years old and then will be paid directly to the child.

TELL US ABOUT YOUR CASE

If you have been involved in a car accident *, our team of 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 can’t say enough to describe how much the team at Tracey Solicitors helped me with my case. From the first call, I knew I was in good hands regarding legal advice. I would truly recommend to people seeking a representative in court or simply on advice.”

Personal Injury Client *

Client Story – Peter, Road Traffic Accident *

Incident: Peter was involved in an accident on the Long Mile Road and when he was stationary at a crossroads and was rear-ended by a car who failed to stop. Such was the force of the impact that Peter himself was shunted into the car in front of him. The defendant admitted liability at the scene of the accident. Peter suffered soft tissue injury and was referred to physiotherapy. He was treated for stiffness, reduced range of movement in the lower back and neck and received treatment for cervical and trapezius injury. The right shoulder was also injured as a result of seatbelt pressure during the accident. Peter was unable to take part in activities and hobbies such as playing golf and swimming with his grandson as it aggravated the injury. Thankfully he was able to return to work.

Case Progression: Peter rejected the assessment from the Personal Injuries Board and Proceedings were issued on the 11/09/2017.

Settlement: The case was settled in the Circuit Court on the 12/06/2018. The defendant was at liability as they failed to stop and caused the accident.

Client Story – Peter, Road Traffic Accident *

Incident: Peter was involved in an accident on the Long Mile Road and when he was stationary at a crossroads and was rear-ended by a car who failed to stop. Such was the force of the impact that Peter himself was shunted into the car in front of him. The defendant admitted liability at the scene of the accident. Peter suffered soft tissue injury and was referred to physiotherapy. He was treated for stiffness, reduced range of movement in the lower back and neck and received treatment for cervical and trapezius injury. The right shoulder was also injured as a result of seatbelt pressure during the accident. Peter was unable partake in activities and hobbies such as playing golf and swimming with his grandson as it aggravated the injury. Thankfully he was able to return to work.

Case Progression: Peter rejected the assessment from the Personal Injuries Board and Proceedings were issued on the 11/09/2017.

Settlement: The case was settled in the Circuit Court on the 12/06/2018. The defendant was at liability as they failed to stop and caused the accident.

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

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

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

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

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

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



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