If the accident was solely your own fault you cannot make a claim. However, the value of your car or costs of repairs may be covered by your own insurance policy.
Passenger Injury Compensation Claims In nearly all cases, a car or motorcycle passenger injured in an accident can make a successful claim for damages. The passenger is usually a completely innocent victim of road accidents. Car passengers may have their damages reduced by up to 25% for not wearing a seat belt. Their claim may also be reduced if they knew, or ought to have known, that the driver was unfit to drive through drink or for any other reason.
Whiplash Injury Compensation Claims Whiplash is one of the most common forms of injury experienced by victims of car crashes. It is caused by a sudden and unexpected jolt - for example your car being hit from behind - which forces your head and neck to be violently thrown backwards. The result can cause prolonged periods of suffering. Common symptoms are neck pain, stiff neck, headaches, shoulder pain and lower back pain. If you have suffered whiplash as a result of an injury that was not your fault, you are eligible to make a claim against the driver responsible.
Other types of accidents. For information on other types of accidents please visit our website and go to Accident Claim Types.
What happens if the other party is uninsured, untraced or a foreign motorist?
If the other party has no insurance in force at the time of the accident, or was not properly identified, then your claim will need to be referred to The Motor Insurers Bureau (MIB), and it will investigate and deal with the claim. The MIB was set up to help victims of road traffic accidents in these circumstances. You are required to report the accident to the Police/Gardai as soon as possible.
If your claim needs to be referred to the MIB, after we’ve exhausted all lines of enquiry, Morgan McManus Solicitors will discuss it with you in more detail.
How much will it cost me to make a claim?
In the normal course all of your legal fees will be recovered from the person responsible for your injury, or their insurers. Where however you are making a claim in the Republic of Ireland, which necessitates the prior submission of a claim
through InjuriesBoard.ie (previously known as the Personal Injuries Assessment Board (PIAB)) you should phone us to discuss your possible liability for costs. The law on this aspect of the InjuriesBoard.ie claims is continually changing and therefore subject to advice, dependant on the circumstances of your claim.
When should I claim accident, injury or illness compensation?
It is always advisable to make your claim as soon as you feel able to do so. To help your case, you should report the accident to any appropriate authority, such as the local Council, your employer or the owner of any property where the accident took place. If possible for instance in a work accident situation, make a note of your accident in the accident book and also take names and addresses of any witnesses to the accident. Where possible, we would always recommend that you take photographs to demonstrate any defect or hazard which was responsible for your accident or injury (use a ruler if necessary to show depth or height of the hazard).
Reasons why a Claim should be submitted without delay.
There are other good reasons why you should submit any claim quickly:
You are more likely to recall the circumstances of your accident while it is still fresh in your mind
The sooner we have the details of your claim, the sooner we will be able to advise you whether you have a claim and, if you do, start the work of gathering evidence and negotiating a settlement with the insurance company of the person or organisation that harmed you
If your accident occurred in the Republic of Ireland and we advise that Proceedings should be issued in that jurisdiction, it is necessary, under Section 8 of the Civil Liability and Courts Act 2004 to issue a Letter before Action within 2 months of the date of the occurrence of the accident.
Dr Dolores McMahon