Road Traffic Accident Claims

It is well established the vast majority of personal injury claims involve injuries arising from a road traffic related accident. These accidents can result in injuries which may heal over a relatively short period of time. In some cases however the injuries can last forever. 

What types of road traffic accident claims are there? 

Obviously road traffic accident claim involves an accident in which a car or motorised vehicle was used. This can be a collision involving 2 cars or a collision involving a one-car where a pedestrian is not down. It also includes any claims being brought by cyclists, motorbike accidents, passengers in a vehicle, pothole claims against the local authority. 

What is involved in initiating and pursuing a road traffic accident claim? 

With our extensive experience and specialise service, we can assess the merits of any claim usually within a couple of minutes of receiving instructions. The circumstances of any accident can only occur in a finite amount of ways. 

Once there is a case is established, we then undertake the responsibility of pursuing the claim. This will inevitably see initial letters been written to a number of 3rd parties including gardai, doctors and sometimes engineers. 

All road traffic accident related claims must begin by enlarging the claim of the application to the personal injuries assessment Board (PIAB). If you wish to read more about the pyre process please click here. 

If the case leaves PIAB, due to the fact that PIAB might not wish to assess the claim for a variety of reasons or in the event either the claimant the respondent rejects the assessment award, then court proceedings can issue. This will involve the drafting of set of instructions and sending it to counsel (barrister). Counsel will provide a preliminary opinion in relation to the case and if appropriate will draft a personal injury summons. This is the type of document that allows for a personal injuries claim to be pursued through either either the District Court, Circuit Court or High Court. 

If further medical opinions in relation to the injuries are required then we will direct and set up consultations with the appropriate medical personnel. This is so the extent of the injury, and by extension the value of the claim, is properly addressed so as to ensure the claimant’s needs are taken care of.  

What are General Damages? 

In any claim there is the difference between general damages and special damages. General damages is the compensation that can be the general loss, pain and suffering that you have received. This figure is usually dictated by practice and precedent and sometimes the book of quantum issued by PIAB is used as a general guideline,  
although there is debate as to whether the book of court is appropriate for the courts when making their awards for compensation. 

What are Special Damages? 

The other claim is for special damages which is are generally classed as out-of-pocket expenses due to the injury. This relates to loss of earnings, potential future loss of earnings if unrecovered, medical expenses, prescription expenses, physiotherapy costs, future medical needs etc. 

What if the driver is uninsured? 

Clients often ask what happens if the person that they claim is responsible for the accident is uninsured.  

If this occurs, there is a statutory body known as the Motor Insurers Bureau of Ireland (MIBI) who operate as the insurer for the uninsured person. We are specialised in dealing with MIBI claims, which need to be handled carefully as there are a number of preconditions which must be satisfied in order for the MIBI to remain as insurer in the claim. 

If you have any questions about the within, please contact us.