Road Traffic Accident *
Road traffic accident claims * are an all too common occurrence and can happen for a number of different reasons. It comes as no surprise that car crash claims * are the most common of all personal injury claims * presented to solicitors and to the Injuries Board. Being involved in a car accident, as a driver, passenger or pedestrian can be a traumatic experience, regardless of how serious the car crash was or whether or not you suffered any personal injuries *. If the cause of the car accident or other road traffic accident * was not your fault then you may be entitled to claim for damage to your car, any personal injuries * sustained and any additional expenses incurred as a result of the car accident, amongst others.
Steps To Take When Making Road Traffic Accident Claims *
Following a car crash or other road traffic accident *, your first port of call is to check to see if you, any passengers and anybody else involved in the accident need medical attention and to call an ambulance, where necessary, to ensure that medical attention is gotten as soon as possible.
It is important that, if you have suffered a personal injury * that you book an appointment with your doctor as soon as possible after the road traffic accident, even if you are involved in a minor road traffic accident * , regardless of how minor you think the injuries are, in some cases these minor injuries can develop into more serious threat to your health. In worst case scenarios, fatal road accidents can occur.
Following this there are a number of steps you should follow:
1. Call the Gardaí
Regardless of how minor or serious the road traffic accident * was, it is important that you call the Gardaí to report the accident immediately. For minor accidents, the Gardaí may tell you that they will not be attending the scene. It may be a case where you can settle the issue yourself. In this scenario, the appropriate information should be exchanged. In these cases, it is also important that you visit your nearest Garda station to request that they take details of the accident and to take your statement about the accident.
For more serious road traffic accidents *, where an ambulance has been called, the Gardaí may arrive at the scene to assess, take statements from the people involved and any witnesses
2. Gather information on the other person(s) involved
It is important that you collect all the relevant information in connection with your accident:
- Details of another driver(s) / people involved: name, address, contact information, vehicle registration number and vehicle insurance information. You can also offer your own information to the others involved in the accident
- Name and contact details of any emergency service workers at the scene, paramedic/ Gardai
- Take a picture of the scene, from different angles; this will help your solicitor understand how the accident happened.
- Time and Date of the accident
- Weather conditions at the time
If there were any witnesses to the accident speak to them and ask for their contact details. This may be of help to you when it comes to making a claim after the accident.
4. Obtain A Medical Report
In order to bring legal proceedings forward, a medical report should be obtained. Once this is received, a Form A application can be sent to the Injuries Board for assessment. The cost of this application is €45. Your road traffic accident solicitors can assist with this application. The Injuries Board will then offer a settlement amount.
5. Speak to a road traffic accident * solicitor
Following a road traffic accident, you should contact a solicitor as soon as possible if you are thinking of moving forward with a personal injury claim * or road traffic accident claim *. If proceeding with a claim, the first step will be submitting your claim to the Injuries Board. A road traffic accident solicitor * can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident and also to retain copies of medical reports or Garda reports, where possible.
Take a look at our Road Traffic Accident Claims Guide * for more information
If you are to proceed with a road traffic accident claim * you may be entitled to claim compensation for the accident and added expenses you may have incurred, these claims are called damages:
General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following a road traffic accident *
Special Damages: Out of pocket expenses incurred as a result of the road traffic accident *. For example, loss of earnings, medical bills, and added travel costs as a result of the accident. This may consist of travel to and from the hospital.
Material Damages: Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
Here are some useful pages with more information with regard to case settlement on Road Traffic Accident Claims *
What To Do If You Are Involved In A Minor Car Accident *
When taking minor road traffic accidents * The idea that the seriousness of a personal injury * relates to the amount of external vehicle damage in all types of crashes is something that few of us think about. However, it has become a topic of interest in some recent court cases. Insurance companies have argued that the risk of personal injury * is linked to the vehicle’s external damage. For example, an insurance claims handler might reject a person’s personal injury claim. This can be on the basis that there was a low-speed impact and the material damage to the car is small. As solicitors, we often receive defences from defendants pleading a “minimum impact” defence. These types of defences are becoming more and more common. However, the reality is that in low speed rear-end crashes there are a number of injury-producing variables.
When comparing injury and causation it is important for any doctor reviewing the injured party to remember that there is no “typical human” in a crash environment. The reasons being that people vary in many ways, from
- differences in height,
- seating location in the vehicle.
In these types of low impact cases, it is important to get the repair estimate, photos of the vehicle damage (to both vehicles), an assessors report and a Garda abstract report as soon as possible. These are important from an evidential standpoint in minimum impact road accidents *.
An engineer with a particular expertise in dealing with these types of cases can give helpful information of the effects of what is sometimes thought to be “minor” accidents. Furthermore, as with any accident, you should report the matter to your insurer as soon as possible. To make a personal injury claim *, there must be an actual injury sustained in order to seek a settlement. The most important thing following an accident is to obtain medical attention and to adhere to all treatments recommended by your medical practitioner.
What Is A Minor Accident Claim *
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.
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