Car injury compensation claims account for the majority of personal injury* claims in Ireland, yet can be the most complicated. Issues about liability and insurance companies approaching victims in attempts of “third party capture” can make what should be a smooth process into one which can potentially leave you undercompensated for your injuries.
We hope that the following information proves useful to you, but it is always in your best interests to consult with an experienced personal injury* claims solicitor as each individual´s claim for car injury compensation is unique, and the consequences of a car injury can affect victims in many different ways.
When You Sustain a Car Injury
When you sustain a car injury, your priority has to be for your health and the health of any passengers travelling with you. If the injury is serious, an ambulance and the Gardai should be called or, if you feel that you can safely get yourself to hospital, you should go to the accident and emergency department straight away.
Do not put off seeking medical attention, as car injuries can deteriorate into long term health issues, and no amount of car injury compensation can atone for a permanent disability which could have been avoided by timely medical intervention. Only once you have ensured that there is no risk to long-term health should you consider making car injury compensation claims.
If the Gardai have declined to attend the scene, gather what evidence you can. Exchange contact and insurance details with the negligent driver, and take photographs of the scene using the camera facility on your mobile. As insurance companies advise clients not to discuss liability, there is no need to press the negligent driver for an admission of guilt.
Once your injuries have been treated, you should report the accident to the Gardai and get a copy of the entry in their “Road Traffic Accident Report Book”. This report, together with your relevant medical notes, will be used to support your claim for car injury compensation when you make your application to the Injuries Board Ireland.
Making Car Injury Compensation Claims
Even when you have the agreement of the negligent driver that he was at fault in your accident and the documentation to support your claim for car injury compensation, making car injury compensation claims can be exceptionally complex. Car injury compensation claims which involve children, or where there has been a fatality, cannot be made online so you have to apply for the application form to be sent to you.
Whether the application for car injury compensation is completed online or on the paper form, there is little space for a claimant to enter anything other than the basics of what occurred in the accident and your medical condition. Where your car injury has prevented you from working, driving or performing daily chores, you may have incurred additional expenses that you are entitled to claim.
Furthermore, if you have ongoing medical costs or have suffered a loss of earnings as a result of your injuries, the opportunities to include details of these special damages are limited. Without submitting an additional letter which explains your full circumstances, and justifies the special damages you are claiming, you could suffer from financial hardship when the Injuries Board Ireland announces its assessment.
On receipt of your application for car injury compensation, the Injuries Board Ireland will contact the negligent party to ensure that they admit liability for your injuries. The Board then arranges for an independent medical examination – the results of which will be used to determine how much car injury compensation they assess against your claim. Providing their assessment is acceptable to both you and the negligent party, an Order to Pay is issued and you receive your compensation.
Car Injury Claims and Solicitors
Making car injury compensation claims are always best done with the assistance of a personal injury* claims solicitor – for many reasons. Not only will they have the experience to ensure that an application form to the Injuries Board Ireland is completed comprehensively, but they will compile a full claim for all the special damages to which you are entitled, to submit with your application for car injury compensation.
A solicitor will also be able to advise you on the best way to proceed should the liable party deny that they were responsible for your car injuries, or claim that you contributed to them by your own negligence – instances in which the Injuries Board Ireland will decline to process your application and issue you with an authorisation to pursue your car injury compensation claim through the courts.
Solicitors, as well as providing legal representation should court action be necessary, will be useful intermediaries should you be approached by an insurance company representing the negligent driver with an offer of early settlement for your car injury compensation claim. Although an immediate amount of cash in your hand may be welcome, insurance companies have a tendency to consider their own financial welfare before that of their client´s victims, and a solicitor will be able to negotiate a more appropriate settlement than is originally offered.
Free Car Injury Claims Advice
If you have been injured in a car accident that was not your fault, and would like to discuss your entitlement to make a car injury compensation claim, you are invited to call our free car injury claims advice service. By calling this number, you will be able to discuss the circumstances surrounding your accident, establish that you have a car injury compensation claim that is worth your while to pursue, and receive some helpful and practical advice.
There is no obligation on you to proceed with a car injury compensation claim once you have spoken with us, and all calls to our free car injury claims advice service are completely confidential. You are best advised to call as soon as possible after your accident, as there is a time limit in which claims for car injury compensation have to be filed. Therefore, if it is not possible to call us straight away, bookmark this page for future reference or take advantage of our call-back service, and one of our experienced personal injury* claims solicitors will be back in touch with you soon.