Road traffic accident claims – frequently asked questions

My accident happened several months ago, is it too late to make a claim?

No. The victim of a road traffic accident can make a personal injury claim up to two years after the date of the accident.

Will a car accident claim affect my insurance policy or no claims bonus?

No. When you launch a no-fault road traffic accident claim, the at-fault driver’s insurance company is responsible for the financial losses incurred, and the claim will not affect the no claims discount. However, you should always advise your insurance company of the accident.

What does no-fault accident mean?

A no-fault accident is one that you were not responsible for causing.

What does contributory negligence mean?

Contributory negligence means that the cause of the accident was partly your fault. The proportion of blame must be decided by the insurers and solicitors involved in the case, whether 50/50, 60/40 or other. If liability is established at 50/50, you would be entitled to claim 50% of the repair and 50% of a personal injury settlement.

If I have an accident that was partly my fault can I claim for the injuries I sustained?

Yes, you are able to claim a proportion of the personal injury damages depending upon your proportion of the blame.

Can I claim from an uninsured driver?

Yes, if you are unfortunate enough to be involved in an accident where the at-fault motorist is not insured or drives away from the scene your claim will most likely be pursued via the Motor Insurers Bureau of Ireland (MIBI).  However, it is important that you report the accident to the Gardai, so please ensure you do this promptly after the accident has taken place.  Please obtain details of the station and police officer to whom you report the accident, and an incident reference.

What is the average pay-out for whiplash?

One of the most common questions asked by people who are pursuing a personal injury* claim following an accident that was not their fault is how much damages they will get. This is a difficult question to answer as there are many factors that are taken into consideration when an amount is settled on and is a question that a personal injury solicitor cannot give a definitive answer to. Therefore, a useful tool in estimating a claim amount is the Injuries Board book of quantum.

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Had an accident that wasn’t your fault?

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