Polski English

WHAT TO DO IF YOU ARE IN A MINOR CAR ACCIDENT *

WHAT TO DO IF YOU ARE IN A MINOR CAR ACCIDENT *

What To Do If You Are Involved In A Minor Car Accident *

Road traffic accidents * can take many forms, from car accidents *, bicycle accidents *, motorcycle accident * and accidents involving pedestrians *. Due to the negligence of another road user, one might find themselves involved in a road traffic accident *, which may result in personal injury * both major and minor. If the cause of your injuries and damages incurred was not your fault, then you may be entitled to seek a legal remedy for damages to your car or any personal injury sustained *

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. Minor accidents generally include:

  • Reversing out of a driveway or parking space
  • Failing to stop at an intersection
  • Driving too fast in a car park
  • Rear end collisions in slow-moving traffic
  • Distracted while driving by talking or texting on the phone

Passengers travelling in a car that has been involved in a minor road traffic accident * have also been known to make a claim for injuries they have sustained. A passenger is not as focused on the road or their surroundings as the driver would be, therefore in the event of an accident they will not have the same reaction as the driver. A driver may be able to brace themselves just before impact, while a passenger may not be able to, meaning that in some cases the passenger’s injuries may be more severe than that of the driver. 

How To Establish Liability

If you aren’t sure which party is at fault when involved in a minor road traffic accident * take the following factors into account:

  • In the majority of circumstances, liability is held with the party who collided with the vehicle in front of them.
  • If you couldn’t predict the collision and feel like there was nothing more you could’ve done (on top of the right steps already carried out) to avoid the collision you may not be held liable.
  • How quick did people react to changes in circumstances whilst driving? Were they distracted in doing something else that took their concentration off the road?
  • Is there any evidence? Is there any proof in showing liability, such as witnesses and dashboard cameras etc.? This can be vital when establishing who was at fault in causing a minor road traffic accident *.

What To Do After An Accident Takes Place

It is important to seek medical attention after you are involved in a minor road traffic accident * no matter how major or minor the injuries you obtained are.

In Low impact/ minor road traffic accidents * it is important to get a repair estimate, photos of the vehicle damage (to both vehicles), an assessors report and a Garda report as soon as possible. It is important to receive all these to hold a strong evidential standpoint in minimum impact road traffic accidents *. You should also report any matter to your insurer as soon as possible after being involved in a minor road traffic accident *.

In the majority of accidents where there is a minor injury sustained and where the Gardaí do not concern themselves with attending to the scene of the accident, you should follow the following steps.

  • Get the registration number of the other car and bring it to your solicitor
  • Obtain the full name and address of the other party liable for the accident
  • The full name and address of any owner of the vehicle, if different from above
  • The other party’s insurance details including policy number
  • The expiry date of the policy
  • Photos of the scene
  • Details of any witnesses who saw the events of the accident unfold.

TELL US ABOUT YOUR CASE

If you would like to find out more information on this topic or on the claims process you can contact our team of personal injury specialists * on 01 649 9900 or email ask@traceysolicitors.ie

With over 30 years’ experience, 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.

“Superb, very well presented and very well explained. Exactly the way I wanted it. Overall, very happy with the service and very good value for money.”

Personal Injury Client *

Client Story – Frank, Road Traffic Accident *

Incident: Frank was stopped at traffic lights when suddenly the car in which he was travelling was hit from behind. Frank was wearing a seatbelt at the time of the accident but the airbags did not deploy. Immediately he noted significant discomfort in his lower back upon getting out of the car. He was referred to the Emergency Department. He was diagnosed with soft tissue injuries to his back and he noted that two weeks later he developed discomfort in his right buttock going to his left buttock and down his left leg. Frank had an MRI performed which shows degenerative change throughout much of his lumbar spine. Frank went through intensive physiotherapy to maintain his core strength and back strength.

Case Progression: Frank rejected the offer made by the Personal Injury Assessment Board and proceedings were issued on the 20/07/10.

Settlement: The case was settled in the High Court on the 16/12/2010. The other driver had a duty of care to Frank as he was behind him and should have been paying attention to the car in front.

Client Story – Frank, Road Traffic Accident *

Incident: Frank was stopped at traffic lights when suddenly the car in which he was travelling was hit from behind. Frank was wearing a seatbelt at the time of the accident but the airbags did not deploy. Immediately he noted significant discomfort in his lower back upon getting out of the car. He was referred to the Emergency Department. He was diagnosed with soft tissue injuries to his back and he noted that two weeks later he developed discomfort in his right buttock going to his left buttock and down his left leg. Frank had an MRI performed which shows degenerative change throughout much of his lumbar spine. Frank went through intensive physiotherapy to maintain his core strength and back strength.

Case Progression: Frank rejected the offer made by the Personal Injury Assessment Board and proceedings were issued on the 20/07/10.

Settlement: The case was settled in the High Court on the 16/12/2010. The other driver had a duty of care to Frank as he was behind him and should have been paying 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

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 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

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