Can I claim drunk driving accident compensation if I suffered whiplash in the accident and am now to scared to drive?
Provided that it can be proven that the driver of the car was in fact negligent and caused the accident that led to your injuries being sustained, you should be entitled to claim drunk driving accident compensation. In occasions where a sober and observant driver could have taken action to avoid a potentially dangerous situation, a driver who is found to have been over the legal consumption limit will always be deemed liable for the accident that has occurred – along with a wide range of additional legal implications for the negligent driver.
You should be able to pursue your claim against the negligent driver, as long as they have valid motor insurance when damages can be sought for your whiplash injury, as well as any financial losses you may have incurred, for any negative effect your injury has had on your quality of life, and for any quantifiable emotional trauma. If it transpires that the driver was uninsured, you may still make a claim for drunk driving injury, but against the Motor Insurers’ Bureau Ireland.
In any case, should you wish to pursue a claim, you would be well advised to seek the assistance of an experienced personal injury* claims solicitor. In order to take action against the negligent driver, it is necessary to have your claim assessed by the Injuries Board Ireland and in order to calculate how much compensation you qualify for, they will use the information provided to them on the Application Form A and with reference to the copies of your medical and Garda reports.
Any omissions or errors at this stage could see how much drunk driving accident compensation you are eligible for significantly reduced; therefore, it is recommended that your solicitor completes the form on your behalf, to ensure that all aspects of your claim for drunk driving injury are satisfactorily represented.
In the event that the negligent party’s insurers approach you with an early offer of compensation for your driving drunk injuries, you should refer it to your solicitor immediately. Such offers are made to keep costs to a minimum and rarely cover all aspects of the victim’s claim. It is unlikely, for example, that the fact that you are scared to drive will be factored into the compensation offered, whereas this issue may well be addressed by the Injuries Board, if it can be backed up and is adequately communicated on your application form.
In order to maximise the probability of success and of recovering the maximum amount of drunk driving accident compensation that you are genuinely entitled to, it would be in your best interests to discuss the circumstances of your accident and injury with a solicitor at the first moment possible.