ROAD ACCIDENT CLAIMS *

ROAD ACCIDENT CLAIMS *

Road Traffic Accident Claims * – Expert Advice

Road traffic accident claims * are an all too common occurrence and according to the Injuries Board they made up 72% of all personal injury claims * in 2017.  Road traffic accidents * can take many from car accidents *, bicycle accidents *, motorcycle accidents *, to accidents involving pedestrians *.

If you were involved in car accident or other road traffic accident * that was not your fault, then you are most likely to have many questions. We have pulled together a list of the most common questions our solicitors are asked and answered them here for you.

1. What should I do after an accident?

Following a car accident or other road traffic accident *, you should immediately do the following:

  • Your first port of call is to check to see if you, any passengers and anybody else involved in the accident need medical attention.
  • Call an ambulance, where necessary, to ensure that medical attention is gotten as soon as possible.
  • Safety is your number one priority, for minor accidents if you can move your car then do so when it is safe to do so. For more serious accidents where a person may be unable to get out of the car then it is best to wait for emergency services to attend the scene.

Even if you think that your injuries are minor and don’t need medical attention it is generally a good idea to get yourself seen by a doctor just to be on the safe side. Untreated minor injuries can progress into something more serious, for example, whiplash symptoms may not show for a little while after the accident occurs.

When making a claim for an accident, you will also need to have a medical report from a doctor to prove your injuries were not part of a prior injury or pre-existing injury or illness. It is in your best interest to be seen by a doctor as soon as possible after the accident.

2. Do I need to call the Gardaí?

Yes, it is advisable to call the Gardaí while at the scene of the accident.

The Gardaí may ask you some additional questions when you call – they will try to establish how serious the accident was. They do this, so they can determine whether to attend the scene or not. For minor accidents, they will most likely not attend the scene.

If the Gardaí do not attend the scene of the accident, ensure to take the name of the person you speak with and then attend your local Garda station as soon as possible after the accident to report the accident.

3. What information should I gather?

It is important that you collect all the relevant information in connection with your accident:

  • Name and contact information of the party at fault
  • License plate numbers of the other car
  • Insurance details from the party at fault
  • Take a photo of the scene before the cars are moved to show the scene of the accident
  • Take a photo of any damage to your vehicle
  • Take a photo of any injuries you have sustained
  • Check the surrounding area and check for debris or skid marks and take a photo of them
  • Look around and check if any CCTV may have captured the incident. If so note this and your solicitor can request that data.
  • Draw a quick sketch of the positions of the cars and the scene of the accident
  • Note the weather conditions at the time of the accident

4. What about witnesses to the accident?

If there were any witnesses to the accident, take their name and contact information and have them relay the details of the event at the time and get their consent for you to contact them in the future if needed.

5. When can I leave the scene of the accident?

If the Gardaí arrive at the scene you should wait until they have done their job and they give you the go-ahead to leave.

If the Gardaí do not come to the scene then be sure to get all the relevant details before you leave, such as details of the car, other person’s name and contact details along with insurance details.

6. Admitting liability

Never admit liability at the scene of the accidents. Just after an accident, emotions are running high and it not a good time to discuss this topic. If the other person has admitted liability, you should still be careful in what you say and the trust you place in them.

There have been cases where a person has given false details to the person they hit and then it is very difficult to find them afterwards. The best way to avoid this situation is to always take the registration number of the car that hit you, just in case.

7. I was a passenger in an accident and injured – can I make a claim?

As a passenger in a car, you also may be eligible for a legal remedy if you were injured in the accident. You would follow the steps when making a claim, from taking pictures of your injuries, seeking medical attention and using the details the driver took from the party at fault to make your claim.

8. What happens if I am hit from behind and I hit the car in front of me? Can I be sued?

In a multi-car collision, the liability may rest with the person at the back of the pileup. If you are hit from behind and it jolts your car forward where you hit the car in front of you, the likelihood of you being held liable for the accident is slim, unless you were stopped on the road where you shouldn’t have been and you caused the person behind you to collide with the back of your car, for example. If you are worried about this scenario the best thing to do is call a car accident solicitor * and tell them about your case.

9. I was involved in a hit and run – what do I do?

If you were hit by a car and the person who caused the accident intentionally leaves the scene without leaving their contact and insurance details, leaving them unidentified and untraceable, you may still be able to pursue a claim through the Motor Insurers Bureau of Ireland (MIBI).

10. How much time do I have to make a claim?

There is a time limit of how long an injured person has to make a claim following a road traffic accident *. An injured person has 2 years less one day after the date of knowledge of their injuries to make their claim. This is known as the Statute of Limitations. The date of knowledge in a road traffic accident * will most likely be the day of the accident, however, if you were involved in an accident where your injuries did not present themselves until sometime after, the 2-year clock will start once you are aware of your injuries.

11. How do I make a claim?

All road traffic accident claims * must be submitted to the Injuries Board first for assessment. There is a process to follow to ensure your claim runs as smoothly as possible:

  • Speak with a Road traffic accident solicitor *
  • Your solicitor will then help you gather all relevant information needed for your claim, such as medical reports, CCTV footage and other documents.
  • Submit your claim to the Injuries Board via the Injuries Board Form A. Your solicitor can fill this out for you.
  • Injuries Board will revert with a suggested settlement amount.
  • You must then decide whether to accept or reject this amount – your solicitor will be able to advise you at this point
    • If you decide to accept the Injuries Board assessment and the other side accepts also, then your case will be settled there and then and an order to pay will be issued for the party at fault to issue the settlement to you.
    • If either you or the party at fault do not accept the injuries board suggestion, then you move the next stage and legal proceedings are issued. Your solicitor will walk you through each step of the process thereafter.

 12. Will I have to go to court?

It is not possible for us to tell you if your case will go to court or not, it will all depend on the complexity of your accident and injuries and other aspects along the injury claims process.

However, for the majority of road traffic accident claims * the answer is no. Most cases are either settled at the Injuries Board assessment stage or via a settlement meeting before stepping foot into a courtroom.

For the small percentage of cases that make it court the case is heard and a Judge will a decision on your claim. If your case happens to make it this far, then your solicitor will be right beside you to make it as easy as possible for you.

13. How long will my claim take to settle?

This is a difficult question to answer, as the amount of time your claim takes will depend on the complexity of your case and injuries and other aspects such as:

  1. The time it takes to gather all relevant documents, such as medical reports and expenses
  2. Once the application is sent to Injuries Board, they are obliged to review your case within 9 months. According to the PIAB Annual report 2017, last year’s average processing time was 7.2 months.
  3. Following the Injuries Board assessment, you will have 28 days to either accept or reject the assessment and suggestion settlement amount.
  4. Following this, if you move to settlement talks, other factors come into place such as availability of barristers and the other side among other things, which make it very difficult for us to tell you how long it will take.

TELL US ABOUT YOUR CASE

Tracey Solicitors draw on over 30 years of experience as personal injury solicitors * 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 ask@traceysolicitors.ie and tell us about your case.

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.

“Friendly, expert and clear. Avoided complexity and made an effort to explain the process in concise and simple terms. Very thorough and professional.”

Personal Injury Client *

Client Story – David, Road Traffic Accident *

Incident: David was the driver of a car while stationary in traffic. Suddenly the car in which he was travelling sustained a rear end impact from a van and a subsequent secondary impact with the car in front as he was shunted forward. David was wearing a seatbelt at the time of the accident but the airbags did not deploy. Immediately after the accident, David complained of neck, lower back and jaw discomfort. When he attended a doctor the diagnosis of a soft tissue injury was made. He was given exercises for his whiplash. Approximately two days following the accident David noticed he started grinding his teeth continuously at night and it sometimes wakes him up from his sleep. He had to get a bite splint to wear at night time. Giving the type of impact and other injuries sustained it was not unusual for this injury to occur alongside the others. He gets some pain and the occasional locking of the left-hand side off his jaw. His clinical situation was not expected to improve in the future.

Case Progression: The Personal Injury Board decided it would not be appropriate for them to make an assessment in the case. Proceedings were issued on the 28/01/15

Settlement: The Case was settled in the Circuit Court on the 30/07/2015. The other driver had a duty of care to David as he was behind him and should have been paying attention to the car in front.

Client Story – David, Road Traffic Accident *

Incident: David was the driver of a car while stationary in traffic. Suddenly the car in which he was travelling sustained a rear end impact from a van and a subsequent secondary impact with the car in front as he was shunted forward. David was wearing a seatbelt at the time of the accident but the airbags did not deploy. Immediately after the accident David complained of neck, lower back and jaw discomfort. When he attended a doctor the diagnosis of a soft tissue injury was made. He was given exercises for his whiplash. Approximately two days following the accident, David noticed he started grinding his teeth continuously at night and it sometimes wakes him up from his sleep. He had to get a bite splint to wear at night time. Giving the type of impact and other injuries sustained it was not unusual for this injury to occur alongside the others. He gets some pain and the occasional locking of the left hand side off his jaw. His clinical situation was not expected to improve in the future.

Case Progression: The Personal Injury Board decided it would not be appropriate for them to make an assessment in the case. Proceedings were issued on the 28/01/15

Settlement: The Case was settled in the Circuit Court on the 30/07/2015. The other driver had a duty of care to David 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



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