Passenger Claims

If you have been injured as a passenger in a private vehicle, on a motorbike, commercial or other vehicle or on public transport, then you may be entitled to make a claim for compensation*.It is important to note that it is the responsibility of the negligent driver’s insurance company to deal with your personal injury compensation claim, and not the driver.  If the driver was uninsured or the vehicle which caused the accident left the scene and is untraced it may still be possible to make a claim through the Motor Insurers’ Bureau of Ireland Scheme (MIBI).  The MIBI compensates victims of accidents caused by uninsured, untraced, or unidentified drivers. The first step in this process is to notify the MIBI of the accident and the intention to pursue a claim for damages. A MIBI claim notification form will be required to be submitted detailing all available information in respect of the accident such as the date, time, and location, your own personal details, vehicle registration number, injuries sustained and attendances with hospital/Doctors and details of attending Garda.The MIBI will then investigate the matter and will nominate an Insurance Company to deal with the claim.MIBI claims can be complicated and there are certain onerous obligations on claimants relying on the scheme.  It is always advisable to speak with a Solicitor.In the majority of cases a passenger is an innocent party and the main issue for consideration is the extent of the personal injuries, loss and damage sustained by the injured passenger and the level of damages considered adequate compensation.There are circumstances where a passenger claim will face a difficulty, particularly, if it is found that the passenger negligently contributed to his or her own injuries.  A finding of what is referred to as contributory negligence may defeat the claim or reduce the level of compensation awarded.The following are factors to be considered with regard to contributory negligence:-Failing to wear a seat belt.Travelling in a vehicle knowing the driver to be intoxicated.Travelling in a vehicle knowing that it is not covered by insurance.Travelling in a stolen vehicle.Expert legal advice should always be sought when injured as a passenger.If you were a passenger in a vehicle involved in a road traffic accident within the last two years and you have suffered personal injuries, then you may be entitled to make a claim for compensation depending on the circumstances.Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information on making a car accident injury claim.* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Share on Social

Sarah McNulty

Solicitor

Experience

Sarah joined Cantillons in 2015, having graduated with an Honours Bachelor of Civil Law Degree from University College Cork. She successfully completed her Law Society FE-1 Examinations and thereafter, completed the Law Society of Ireland Professional Practice Courses at Blackhall Place, Dublin.

Sarah gained invaluable experience in medical negligence litigation, having spent three years in the Medical Negligence Department and has been involved in a diverse range of cases including birth injuries, cancer misdiagnosis, surgical errors, fatal claims and defective medical device claims. Sarah also has experience with Inquests and the Coroner’s Court.

Now working in General Litigation Department, Sarah places a particular importance on client care and advises clients in relation to all aspects of civil litigation; to include personal injury claims, accidents at work, road traffic accidents, public liability claims, defamation, data protection breaches and assault claims.

Sarah is a valued contributor to our weekly column published in a local newspaper and in addition, has had numerous legal blogs published on our website.

Qualifications

• Honours Bachelor of Civil Law Degree
  Completed Law Society Professional Practice Courses at Blackhall Place, Dublin