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Solicitor Maria Lakes, who specialises in car accident claims in Ireland, outlines a checklist of what to do in the immediate hours, days and weeks after a road accident. “After you are involved in a collision, there are some steps you are legally obliged to take, and others that are important to take to protect yourself and your legal rights,” explains Maria.

“For example, legally you must stop your car and remain at the scene for a reasonable time and you must provide your details when requested. But you should also gather evidence relating to the accident, and you should seek medical attention as soon as possible, even for minor injuries,” she says.

“And, as a solicitor who has dealt with hundreds of road accident claims over the years, I would strongly advise anyone who has been injured in a collision to speak with a specialist road traffic accident solicitor as soon as they can. A solicitor can advise on the steps to take to ensure the best possible outcome after the accident.”

Here is a simple checklist for what to do after a road traffic accident.

1. Seek medical attention as soon as possible

Your health, and the safety and welfare of anyone else involved in the accident are always the number one priority. After an accident, you must always remain at the scene.

Take a moment to assess yourself and check if you are injured. If you are able to, check the condition of others involved in the accident. If you or anyone else is seriously injured, or appears to need assistance, call emergency services to attend the scene.

Even if you feel fine, or only have minor injuries, you should still seek medical attention after being involved in a road accident. Minor injuries can quickly progress into something more serious, so it is always important to be assessed by a medical professional.

A medical report also serves as official documentation of the accident if you need to make a compensation claim for your injuries at a later stage.

2. Gather information and evidence at the scene

Once you are safe and able to do so, try to gather as much information as you can about the accident and how it happened. The camera on your mobile phone can be extremely useful for documenting evidence at the scene.

Where possible, try to take photos of:

• the cars involved, including their positioning on the road and any damage caused. Take photos of the scene from different angles. This can help determine who was responsible for the accident.
• the registration plates and insurance discs of other cars involved.
• your injuries and injuries of anyone else involved in the accident.
• road conditions and weather conditions at the time of the accident.
• anything else you think is relevant to the accident – if in doubt, document it anyway.

You should also take note of:

• details of other people involved in the accident and any witnesses – request their name, address and contact information.
• the names and contact details of any emergency services workers at the scene, such as paramedics or Gardaí. Request your PULSE ID number – this is the unique identifier assigned to each incident reported to the Gardaí.
• the time and date of the accident.
• whether there are CCTV cameras in the area, or dash cams that may have captured the accident.

3. Report the incident

All road traffic collisions must be reported to Gardaí. If there is no Garda present at the scene, you must report the accident as soon as possible to a nearby Garda station, ideally within 48 hours.

It is useful to request a copy of the official Garda report so you have it for your own records. You can do this in person by visiting the Garda station where the report was filed. Or you can request this by sending a written request to the Garda station. There may be a small administrative fee involved in this.

You must also report the accident to your insurance company as soon as you can, so they have a record of the accident.

4. Document everything and keep all receipts

Road traffic accidents usually involve some kind of insurance claim, whether for material damages or for injuries and expenses incurred. So it helps to keep note of everything related to the accident.

While it is still fresh in your memory, write down your account of what happened, and sign and date this.

Keep note of the impact any injuries have on your life, for example:

• Are you able to do normal activities in the same way you were before the accident?
• Have you been out of work as a result of the accident?
• How are your injuries healing?

Request copies of any Garda or medical reports where possible.

And ensure you keep any receipts related to the accident, whether that is for repairs to your vehicle, medical expenses, or costs of travel to medical appointments. Hold on to everything as you may be able to include this in your compensation claim.

5. Speak to a road traffic accident solicitor as soon as you can.

There is a strict time limit (known as the statute of limitations) on the amount of time available to make an injury claim for an accident. In most cases, this is two years, minus one day, from the date of the accident, or date of knowledge of your injuries.

However, it takes time to process a claim, so the sooner you act, the better.

Remember, even if you were partly responsible for the accident, you may still be able to make a claim for your injuries sustained. The best way to find out if you are eligible for compensation is to speak to a specialist road traffic accident solicitor who will be able to assess your options.

Tell us about your case today

If you’ve been injured in a road traffic accident and would like to find out if you can make a personal injury claim, our team can take the time to listen to your case and provide expert advice. Contact us and tell us about your case today.

 

FAQ

1. What should I photograph at the scene of a road accident?

You should take photos of:

• the cars involved, including their positioning on the road and any damage caused.
• the registration plates and insurance discs of other cars involved.
• your injuries and injuries of anyone else involved in the accident.
• road conditions and weather conditions at the time of the accident.

2. How do I get a Garda incident number after a road accident?

The Garda incident number is also called the PULSE ID number. If Gardaí do not attend the scene, report the accident to your nearest Garda station as soon as you can, and request a copy of the report which will include the PULSE ID number. If Gardaí attend the scene, you can ask them to provide you with your PULSE ID number.

3. What if there were no witnesses to the accident?

If there are no witnesses, the evidence you gather becomes even more important for demonstrating who was responsible for the accident, so take as many photos as you can, and document everything.

Report the accident to your nearest Garda station as soon as you can, and seek medical attention for any injuries sustained. Official Garda and medical reports are important pieces of evidence for any accident, but even more so in situations where there were no witnesses.

Your solicitor can help source additional evidence, such as engineer reports that can also determine the cause of the accident.

4. How do I request dashcam or CCTV footage of the accident?

Under General Data Protection Regulation (GDPR) you have a right of access to any CCTV or video footage of you. If CCTV or a dashcam captures an accident, you should request this footage as soon as possible, because this can be deleted within a set timeframe– often after 30 days, and sometimes as early as 14 days.

You can do this by making a Subject Access Request to the person responsible for the footage (known as the Data Controller)

This request should be made in writing (either by letter or email), stating that it is an access request for footage on a particular date. You may need to send proof of your identity when requesting this footage.

Your personal injury solicitor can help you to request CCTV or dash cam footage of the accident scene.

5. Should I contact a solicitor before I speak to my insurance company?

There is no requirement to contact a solicitor before speaking to your own insurance company. In fact, you should inform your insurance company of the accident as soon as possible.

A personal injury solicitor can manage any claim for injuries and expenses incurred and will liaise with the defendant’s insurance company.

You can find out more about what to do after an accident at:

Garda advice on road traffic accidents

Citizens Information advice on motor accidents