Call Now

Road Traffic Accident Claims

< Back to Practice Areas

Road Traffic Accidents

Road traffic accident claims and car accidents are the most common of all personal injury claims made to the Injuries Resolution Board (also known as “the Injuries Board” or Personal Injuries Assessment Board “PIAB”) in Ireland.

Road traffic accident injuries refer to any injuries sustained while driving, cycling or walking on a public road or pathway. Passengers of cars can also suffer Road traffic accident injuries. Road traffic accidents may sadly cause any type of injury including:

  • Fatalities.
  • Whiplash injury.
  • Acquired brain injuries.
  • Head injuries
  • Spinal injuries
  • Broken bones, fractured bones and other Orthopedic Injuries.
  • Sprains, muscle and ligament damage.
  • Psychological injuries (such as Post Traumatic Stress Disorder)

If you have been injured in a road traffic accident, and suffered an injury and/or loss, you may be able to make a personal injury claim for compensation.

It is important to work with a Personal Injury Solicitor with experience in car accident claims to ensure that you have the best chance of making a successful claim, and our experienced team at Cantillons Solicitors in Cork can help you through the process.

Road Traffic Accident Claims

What You Should Do After A Road Traffic Accident

If you are involved in a road traffic accident, you are likely to be shocked and upset and it can be difficult to remember the correct protocol to follow. Here’s our quick guide to doing the right thing after a road traffic accident:

  • Firstly, it is important to establish whether you, or anyone else involved in the road traffic accident, require urgent medical attention, and to ensure that an ambulance is called if it is required. Whether you think that you have been injured or not, it is important to seek medical advice as soon as possible after the accident.
  • You should call the Gardai to report a road traffic accident, and they will usually attend and take statements from the parties involved and any witnesses to the accident. If the accident is minor, you may be advised that the Gardai will not attend, in which case, you should visit your nearest Garda station to make a report the accident. You should also notify your own insurer of the accident.
  • You will need to exchange details with the other parties involved in the accident, including giving and obtaining the names and addresses of those involved, their vehicle registration and insurance information. You should also obtain contact details for any witnesses to the accident if possible, as their testimony may be very helpful in road traffic accident compensation claim proceedings. You should also review and retain any dashboard cameras footage as this may be used to establish fault in road traffic accidents where the parties involved do not agree on liability.
  • It is always a good idea to take photographs of the scene of the accident. These can be very helpful in establishing liability (who is at fault for the accident) and will be an important part of any future legal proceedings. Photographs will also help to record the time and date of the accident and the weather conditions at the time the accident occurred.
  • Keep a record of events following the road traffic accident, noting any injuries and the impact these have on your daily life.

What To Do If the Other Driver Has No Insurance

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 for your Solicitor to notify the MIBI of the accident and the intention to pursue a claim for damages. Cantillons Solicitors will help you with this. 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. Cantillons has many years of experience dealing with the MIBI.

How To Make Your Compensation Claim

When you make a road traffic accident claim for compensation, you will need to provide all of the details of the accident and your injuries to your Solicitor.

Cantillons Solicitors will help you to gather the necessary evidence and documentation that is required, including medical reports, and we will submit your Injuries Board application form.

Once the application has been submitted, Cantillons Solicitors will help you in dealing with the Injuries Board. If additional information is required, we will assist you with that. For example, you are required to submit details of your out of pocket expenses to the Injuries Board or you may be unable to return to work for a period of time, or at all, as result of your injuries. We will assist you with compiling your out of pocket expenses, loss of earnings and future medical costs.

The Injuries Board will notify any other parties involved with your claim, by issuing them with a copy of your application form and medical report.

To assess a road traffic accident claim, the Injuries Board will consider your medical reposts, and they may also send you to their Doctors/Experts for their views on the extent of your injuries.

How long after a road traffic accident can you make a claim?

The Statute of Limitations provides that the time limit for bringing a road traffic accident claim is two years. Once the claim period has passed, you will no longer be entitled to any compensation. However, on occasion, the time limit may be shorter or longer. For example, if the injured party is a minor (under the age of 18), the two year time limit does not start to run until their 18th birthday.

If you are injured in a road traffic accident, you should begin the claim process as soon as possible so as to avoid any evidence being misplaced or forgotten. It is also advisable to immediately record in writing, the circumstances of the accident. Your Personal Injuries Solicitor will assist you with this.

How long does a road traffic accident claim take?

Every road traffic accident claim is different. Some take months and others take years. Preparing a claim takes time. This time allows your Personal Injuries Solicitor to ensure they have collected the necessary evidence and documentation.

A road traffic accident claim is lodged, in the first instance, with the Injuries Resolution Board.  The Injuries Resolution Board states that the average road traffic accident claim case takes nine months. However, nine months does not take into account things like preparty work which is carried out in advance of the Injuries Resolution Board process, such as corresponding with Medical Experts to get Medical Reports etc. Generally speaking, from the first meeting with a Personal Injuries Solicitor to the Injuries Resolution Board issuing their decision is about 1 year.

Who pays for road traffic accident claims?

It is a legal requirement in Ireland for all drivers to have car insurance.

General speaking, if the Defendant driver is insured, the compensation for a road traffic accident is paid for by the Defendant’s car insurance provider. This means that if a claim is successfully made against you, then your insurance company will pay the compensation and costs.

However, when an accident occurs because of an uninsured driver there is a framework in place for compensation.  This framework is managed by the Motor Insurer’s Bureau of Ireland (MIBI).

If you are driving a rental or borrowed vehicle, the required insurance should be included in the rental price.  This insurance will then cover any road traffic accident claim against you. Always check with your car insurer and the rental service that you have the correct cover type of insurance.

How Compensation For Road Traffic Accident Claims Is Calculated

When the Injuries Board are assessing your road traffic accident claim, they will generally award personal injury compensation under the following headings:

General Damages

– This refers to compensation for the physical, emotional and psychological injuries you have sustained in the road traffic accident.  If the personal injuries you have suffered have affected your quality of life or hobbies, this will also be considered. General Damages can be awarded for the injuries suffered to date and into the future. When assessing the amount of compensation for General Damages, the Injuries Board will have regard to the Book of Quantum to find similar cases for reference, and will base your suggested compensation on this as well as on the specific details of your case.

Special Damages

– This refers to the out of pocket expenses that you have incurred as a direct result of the accident, such as:

  • Medical Bills
  • Travel costs (including to and from the hospital)
  • Loss of earnings (if you have been unable to work).
  • Material damage (including repair costs) which may have been done to your property, including your car.
  • Car hire.
  • Depreciation losses.

Special Damages can be awarded for the expenses incurred to date and into the future.

What Happens When The Claim Is Assessed

When your claim has been assessed, if successful, you will receive a compensation offer, which (if you accept the award), will be paid to you by the party found to be at fault in your case. You will have 28 days to decide whether or not you wish to accept this offer, and failure to respond in this time will result in an automatic rejection of the offer. The party at fault has 21 days to accept or reject the offer. We will discuss this offer with you and advise you on whether or it is an appropriate amount of compensation for the injuries you suffered. When advising you on this, we will consider the Book of Quantum and also, from our experience, what a Court is likely to award you for your injuries.

At this stage, having consider the assessment, it is open to you to accept or to reject the Injuries Board assessment.

If both parties accept the assessment, then you should receive your settlement payment, and your case will be considered to be concluded.

If either party rejects the assessment, the next step, should you wish to do so, is to bring court proceedings, where a Judge will decide the outcome of your case. If the matter is to proceed down the Court road, we will draft court proceedings and represent you in Court. We will obtain the highest compensation award possible in your case, either through settlement, negotiation, mediation or Court award.

Let Cantillons Handle Your Claim

It is important to work with an experienced Solicitor to make a claim to the Injuries Board, because it is a complex process, and you are more likely to obtain the maximum amount of compensation that you are entitled to if you do so.

Cantillons Solicitors are Personal Injury Solicitors.

We take the time to get to know our clients, so that we can ensure the very best outcomes in every case.

Call us at Cork +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 or email us at info@cantillons.com for more information.
Our offices are located at 39 South Mall, Cork and 31-36 Ormond Quay Upper, Dublin. We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you, or conduct the meeting on Zoom.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.  Many Personal Injury Solicitors portray themselves as no win no fee Solicitors. This terms can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.

Ernest and his team are a credit to their profession.

I found Mr. Cantillon to be a huge help in every aspect of my case and he is one of the biggest supporters of the Disabled Rights Campaign. A model for all Solicitors to follow. Ernest and his team are a credit to their profession.

They are professional & caring

They are professional and caring, it’s a rare combination to get in a legal firm, I have dealt with other solicitors and its like comparing a 2 star hotel to a 5 star.

We had the best possible team.

We always said, win or lose, we had the best possible team on our case.

Thank you for everything you did for us

Thank you for everything you did for us - not just in terms of the Court case and settlement and all the hard work you put in to that, but also helping and supporting us emotionally throughout the process.

Very considerate and helpful

Very considerate and helpful and was at pains to explain if I didn’t understand any process.

I am so grateful for the legal assistance

I am so grateful for the legal assistance. Only for it, I would still be imprisoned in a hospital room through no fault of my own... Thank you Cantillons Solicitors, for your work on my behalf.

Thank you for all your assistance and help

Thank you for all your assistance and help - it is very much appreciated. On any occasion I had to call the office, I was treated with the utmost respect and made feel welcome and relaxed. Very professional and humane approach by all.

I felt at all times they were professional

Overall I was extremely satisfied with the service from everybody at Cantillons. I felt at all times they were professional, respectful and kept me well informed at every stage. I would most definitely recommend Cantillons to someone needing professional legal advice.

I always felt we were getting the best

Your team made us feel that we were your only clients and that your outcome was as important to you as it was to us. I always felt we were getting the best from you at all times, all questions answered clearly and you always got back to us with a solution.

No hesitation in recommending

From personal experiences, I have no hesitation in recommending your firm to other clients and have in fact done so in the past, and will do so again in the future.

Overall excellent service with outstanding commitment

Overall excellent service with outstanding commitment to my case over a very extended period of time ... Excellent attention to detail.

Professional, kind and understanding to me

In all my dealings with your company, I have found all the staff that I have dealt with to be professional, kind and understanding to me.

Nothing but kindness

Everyone I have dealt with has helped us in every way possible and showed nothing but kindness along with being good at their job. From the very start I have had nothing but kindness, people who know their job and are very sensitive to our situation.

Very professional, but also very understanding

For us you could not have improved on the way you delivered the information. We found not only were you very professional, but also very understanding as to our circumstances.

Professional, helpful and friendly

First meeting took a little while but was very comprehensive. Everything was explained clearly, and I did not have endless trips into the office as all was covered initially. I found all involved professional, helpful and friendly which eased any anxieties I had.

Difference to our family life and my brother’s future

My family will always be grateful to your firm for all the service you gave to us. The solution you devised and negotiated is working out really well and making all the difference to our family life and my brother’s future.

I feel more confident now

I guess I wasn’t sure how this whole legal thing works, but I found the whole experience quite pleasant and I feel more confident now.

Reassured me during low times

I would like to thank you and your team for all your help, you have certainly re-assured me during some very low times to which I am forever grateful so thanks a million.

Manner and Professionalism first class

Thanks again for all your work, efforts and advice over the past 4 years.The manner and professionalism shown from day 1 was first class.Having the consideration to see us at home and treating us with dignity and respect.

It has been a pleasure working with Cantillons

It has been a pleasure working with Cantillons. You have always shown me the utmost courtesy and empathy.

You really looked after my mother

You really looked after my mother and went out of your way to help and support her through the process.

We just wanted to write to thank you so, so much

We just wanted to write to thank you so, so much for all the hard work and dedication – he wouldn’t be where he is now only for you- you worked so hard on this case and it is so appreciated by us.

I know you didn’t need to be there but...

I know you didn’t need to be there but just seeing you in Court and knowing you were there looking out for us made such a difference, thank you.

Cantillons listened

Cantillons listened, empathized and showed me the way to get answers to questions that I so badly needed.

Thank you from the bottom of a mother’s heart

Thank you from the bottom of a mother’s heart from that first morning I spoke to you at length feeling inept and ridiculous to today where I recognize that my questions were valid and justified.

So professional, patient, courteous, understanding and kind

Dealing with Cantillons was the most positive and professional experience of my whole encounter. They have been so professional, patient, courteous, understanding and kind throughout all those years. For me it was such scary and unchartered territory, but I felt it needed to be done.

Thank you for all of your help and support

I was extremely satisfied with the service that was provided by my Solicitor. Thank you for all of your help and support.

Provided an excellent service

Thank you to my Solicitor for all her hard work and helping us to reach a decision through something that has been emotionally trying. Her expertise and compassion was first class and we were always dealt with professionally and efficiently. She provided an excellent service and we would most certainly recommend her to others.

Stuck with me every step of the way

I was a very demanding client, and they listened to me, stuck with me every step of the way.

They will give you the strength

It's good to be with Cantillons, they will give you the strength and they carry the weight of your case.

I wish to thank you, most sincerely, for all you have done for me in my case.

You are a most courteous, efficient, and professional solicitor. You took on my case and succeeded way beyond all my expectations despite my previous Law Firm stating that I had no case. I will highly recommend both You and Cantillon Solicitors to all should the discussion arise.

You’re amazing!

Thank you all for your help & support. I always had a pleasant meeting with all concerned. Again, thank you for your support.

Professional and thorough without building my hopes until the end.

At all times I was treated with respect. I also got phone calls from time to time on how the case was advancing. I was delighted with the amount of research that went into my case. Thanks again Orla and everyone in Cantillons that was involved in my case

Overall level of service was outstanding.

Especially as we were all living through COVID.

Thank you so much for your support, kindness, dedication and care.

I am still stunned by the result. I am so grateful to you for all your hard work.

Thank you for your kindness shown to me.

When I met you first day I was stressed and overwhelmed by the situation I was in. You made me feel at ease giving me plenty of time to express myself and get out my story where Jerry and I were placed. Thank you.

I also just want to say thank you for all your assistance and great work.

You were a pleasure to deal with and made the process smoother than I ever thought would be possible.

Couldn’t Have Asked for Better.

Always made to feel welcome. Cantillons were a delight to work with. My experience was excellent, My solicitor was so kind, I always felt she had my back and I was able to trust her completely.

Related Solicitors

Ernest J. Cantillon

Managing Partner

Read More

Mary Scriven

Partner

Read More

Jody Cantillon

Partner

Read More

Ita Gray

Legal Executive

Read More

How can we help?


We are always happy to accommodate you at a time and place that best suits your needs.

We have Solicitors based in various locations, including Cork, Limerick and Dublin. We can arrange a meeting at a location that is suitable to you.

If you would like to speak to a member of our team outside of office hours then please contact us using the form below. We are happy to accommodate a virtual consultation, via Zoom or otherwise also.


If you have a query send us a message…


    Cantillons Solicitors Cork Office

    39 South Mall, Cork. T12 W522
    DX 2041

    T: +353 21 4275673

    E: info@cantillons.com

    Cantillons Solicitors Dublin Office

    Ormond Building,
    31-36 Ormond Quay Upper,
    Dublin 7.
    D07 EE37

    T: +353 1 2641802

    E: info@cantillons.com

    Our Services

    Quick Links

    Recent News

    Is a Solicitor entitled to attend an Engineering Inspection?

    21st March 2024

    The length of medical negligence proceedings in Ireland 

    8th February 2024

    © 2024 All rights reserved

    Website by Doodle