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Category: Dublin Injury Solicitors

Workplace Injury Solicitors Dublin | Accident at Work Claims

Posted on by Ruaidhri Austin

If you have been injured in an accident at work in Dublin, you may have questions about who was responsible, whether your employer complied with its health and safety obligations and what happens if you decide to pursue a personal injury claim.*

Lacey Solicitors acts in workplace injury and employers’ liability claims from our Dublin office. As a firm working in both personal injury and insurance defence litigation, we understand how workplace accidents are investigated, how liability is assessed and the evidence insurers and their solicitors are likely to examine when a claim is made.

Our Dublin solicitors advise on workplace accidents involving construction sites, factories, warehouses, offices, retail premises, healthcare environments and other places of work throughout Dublin and across Ireland and NI.

Workplace Injury Solicitor Dublin: When Can a Claim Arise?

 

Being injured at work does not automatically mean that your employer is legally responsible.

A workplace injury claim will usually require consideration of how the accident happened, what risks were present, what precautions were taken and whether a failure by an employer or another party caused or contributed to the injury.

Under the Safety, Health and Welfare at Work Act 2005, employers are required, so far as reasonably practicable, to ensure the safety, health and welfare of their employees. Their duties extend to matters including safe workplaces, safe plant and machinery, safe systems of work and appropriate information, instruction, training and supervision.

The circumstances of every accident are different. A workplace accident may involve the employer alone, or there may be contractors, subcontractors, property owners, manufacturers or other parties whose actions also require investigation.

Common Accidents at Work in Dublin

 

Workplace accidents can happen in almost any occupation. Claims we may be asked to consider include:

  • slips, trips and falls at work;
  • falls from ladders, scaffolding or other heights;
  • construction site accidents;
  • manual handling and lifting injuries;
  • accidents involving forklifts, machinery or work equipment;
  • injuries caused by defective or poorly maintained equipment;
  • warehouse and distribution centre accidents;
  • accidents caused by falling objects or materials;
  • workplace vehicle accidents;
  • injuries involving inadequate personal protective equipment;
  • accidents caused by unsafe floors, access routes or working areas;
  • assaults or violence arising in healthcare or other customer-facing work;
  • burns, crush injuries and lacerations;
  • back, neck, shoulder and limb injuries; and
  • serious or catastrophic workplace injuries.

The important question is not simply where the injury occurred, but why it happened and whether somebody failed to take reasonable precautions against a foreseeable risk.

What Duties Does an Employer Have?

 

Irish health and safety law places extensive obligations on employers.

These can include identifying hazards, carrying out appropriate risk assessments, preparing a safety statement, maintaining safe premises and equipment and providing employees with appropriate information, instruction, training, supervision and protective equipment.

Employers must also consider whether working practices themselves create unnecessary risk. A piece of machinery may be mechanically sound, for example, while the system under which an employee is required to use it may still be unsafe.

Likewise, providing an employee with training at the beginning of their employment does not necessarily answer every issue. The nature of the training, the task being performed, supervision, experience and whether working practices changed may all be relevant.

The Health and Safety Authority confirms that employers must identify workplace hazards, maintain written risk assessments and prepare a Safety Statement setting out how workplace safety is to be managed.

What Should I Do After an Accident at Work?

 

Your immediate priority should be your health and safety as well as the health and safety of others. Obtain appropriate medical attention and make sure your doctor or treating medical professional is aware of how the injury occurred.

The accident should also be reported to your employer. Where possible, ensure there is an accurate written record of what happened rather than relying entirely on an informal conversation.

Evidence can disappear quickly after a workplace accident. A spill may be cleaned, defective equipment may be repaired, CCTV may be overwritten and the layout of a workplace may change.

Depending on the circumstances, useful evidence can include photographs or video of the accident location, details of witnesses, accident-book entries, CCTV, training records, risk assessments, method statements, inspection records, maintenance records and information concerning any machinery or equipment involved.

It is also sensible to retain medical receipts, wage information and documents relating to any other financial loss caused by the accident.

Does My Employer Have to Report the Accident to the HSA?

 

Certain workplace accidents must be reported by employers to the Health and Safety Authority.

For example, the HSA states that an employee injury arising from an accident at work is reportable where the employee is unable to carry out their normal work for more than three consecutive days, excluding the day of the accident. Different requirements apply to fatal accidents and certain dangerous occurrences.

Whether an accident was reportable, whether it was actually reported and any subsequent HSA investigation can be relevant when examining the circumstances of a workplace injury.

An HSA investigation is, however, separate from a civil personal injury claim.

Accident at Work Solicitor Dublin: How Does a Claim Work?

 

Most Irish workplace personal injury claims will involve the Injuries Resolution Board, formerly known as PIAB.

A claim ordinarily begins with an application supported by a medical report. The Board then notifies the person, business or organisation against whom the claim is being made.

The Injuries Resolution Board can deal with workplace accident claims through assessment and, where appropriate, mediation. If the claim cannot be resolved through the Board process, an authorisation may be issued permitting court proceedings to be brought.

Workplace claims can become significantly more complicated where liability is disputed or several businesses were working at the same location.

A construction accident, for example, might require consideration of the employer, main contractor, subcontractors, the site occupier and those responsible for particular machinery or equipment.

Identifying the correct parties at an early stage can therefore be important.

Workplace Injury Mediation

 

Mediation is now available through the Injuries Resolution Board for employer liability claims.

It is a voluntary process intended to explore whether a claim can be resolved without proceeding through the full litigation process. Workplace injury claims were the first category for which the Board introduced its mediation service, beginning in December 2023.

Whether mediation is appropriate will depend on the particular case, including whether liability is accepted, the medical evidence available and the extent of any financial losses.

How Long Do I Have to Bring a Workplace Injury Claim?

 

Time limits are particularly important in personal injury litigation.

In general, the limitation period for a non-clinical personal injury action in Ireland is two years from the date on which the cause of action accrued or the injured person’s date of knowledge, if later. There are exceptions and special rules, so the limitation date should always be considered on the facts of the individual case.

There is also a separate provision under the Civil Liability and Courts Act 2004 concerning written notice to an alleged wrongdoer. A failure, without reasonable cause, to give the required notice within two months, or as soon as practicable thereafter, can have consequences in subsequent proceedings.

For those reasons, it is generally unwise to leave a workplace accident claim until close to the limitation date.

What If I Was Partly Responsible for the Accident?

 

Partial responsibility does not necessarily mean that no claim can be brought.

Under the Civil Liability Act 1961, where an injured person’s own negligence contributed to the damage, recoverable damages may be reduced to reflect the respective degrees of fault.

This can arise in workplace cases where, for example, it is alleged that an employee did not follow a particular procedure or failed to use equipment correctly.

Those allegations need to be examined in context. Relevant questions can include whether adequate training was given, whether the procedure was actually enforced, whether appropriate equipment was supplied and whether the system of work itself was safe.

What Can Be Included in a Workplace Injury Claim?

 

A personal injury claim can include compensation for the injury itself, generally referred to as general damages, together with qualifying financial losses and expenses, commonly referred to as special damages.

Depending on the particular case, financial losses might include past loss of earnings, medical expenses, treatment costs and other properly evidenced out-of-pocket expenditure. More serious injuries can require consideration of future loss of earnings, future treatment, care or other long-term needs.

The Injuries Resolution Board and the courts use the Personal Injuries Guidelines when assessing general damages. The value of an individual case depends upon the medical evidence, the nature and duration of the injuries and the circumstances particular to that plaintiff.

For that reason, generic online compensation figures rarely provide a meaningful assessment of an individual workplace injury claim.

What Evidence Is Important in an Accident at Work Claim?

 

Workplace cases often turn on evidence that may be held by the employer rather than the injured employee.

That can include accident reports, CCTV, training records, toolbox talks, risk assessments, Safety Statements, maintenance documents, inspection records, staff rotas, method statements and documentation concerning machinery or PPE.

Medical evidence is equally important. It is necessary not only to establish the nature of the injury but to understand prognosis, treatment requirements and the effect the injury has had upon work and ordinary life.

Where the mechanism of the accident is disputed, engineering or other specialist expert evidence may also be necessary.

Construction Site Accident Claims in Dublin

 

Construction accidents can be particularly complex because several contractors may be operating on the same site.

An injured worker may be employed by one business but working on premises controlled by another, using equipment supplied by a third company and following a system of work devised by somebody else.

Falls from height, scaffold accidents, plant and machinery incidents, defective access routes, falling materials and lifting accidents can therefore require detailed investigation before responsibility can properly be assessed.

Our work in insurance and personal injury litigation gives us experience of dealing with the multi-party liability issues that can arise in significant workplace accidents.

Will Making a Workplace Injury Claim Affect My Job?

 

This is a common concern for employees who have been injured at work.

A personal injury claim and the employment relationship are distinct legal matters. An employee does not necessarily have to leave their employment simply because a workplace accident has occurred, and many claims arise while the employee remains with the same employer.

If separate difficulties arise concerning dismissal, disciplinary action or treatment within the workplace, those issues may require separate employment law advice.

What If I Am a Contractor or Self-Employed?

 

Not everybody injured in a workplace is an employee of the business controlling the premises.

Contractors, subcontractors and self-employed workers may still have potential claims depending upon how the accident happened and who had responsibility for the relevant premises, equipment or work activity.

Construction cases in particular frequently involve multiple companies and contractual relationships.

The correct defendant is therefore not always simply the company paying the injured person’s wages.

Why choose Lacey Solicitors in Dublin for your Claim?

 

Lacey Solicitors is an insurance and personal injury law firm with offices in Dublin and Belfast, acting in workplace accident and injury claims throughout Ireland.

Our team includes dual-qualified solicitors who practise in both the Republic of Ireland and Northern Ireland, giving us experience of personal injury and insurance litigation across both jurisdictions.

We also have the unusual advantage of acting on both sides of personal injury litigation. We represent injured people pursuing claims, while also acting for insurers and their policyholders in the defence of injury claims. That gives us a practical understanding of how workplace accident claims are investigated, assessed, valued, defended and ultimately resolved.

For an injured employee, that experience can be particularly valuable. We understand the evidence insurers and their solicitors will examine when considering a workplace injury claim, including accident reports, witness statements, CCTV, training records, risk assessments, Safety Statements, maintenance records, medical evidence and the circumstances surrounding the accident.

Our personal injury work has also received industry recognition. Lacey Solicitors was a finalist for the Irish Law Awards in Dublin for Best Personal Injury Solicitors in both 2025 and 2026, and members of our team are members of the Association of Personal Injury Lawyers (APIL).

We can advise from the earliest investigation of a workplace accident through an application to the Injuries Resolution Board, negotiations with insurers and, where necessary, court proceedings.

Our approach is to identify how the accident happened, preserve the relevant evidence, establish who may bear responsibility and give clear, practical advice on the options available.

From our Dublin office at Ormond Quay Upper, we act for clients in Dublin and throughout the Republic of Ireland.

Workplace Injury Claims: Frequently Asked Questions

 

Can I claim simply because I was injured at work?

Not necessarily. The fact that an accident occurred at work does not automatically establish negligence. It is necessary to consider how the accident happened and whether an employer or another party breached a legal duty and caused or contributed to the injury.

What if nobody witnessed my accident?

The absence of an independent witness does not automatically prevent a claim. Other evidence may exist, including CCTV, accident reports, photographs, medical records and documentary evidence concerning the workplace or equipment involved.

Can I make a claim if the accident was partly my fault?

Potentially, yes. Contributory negligence may result in damages being reduced to reflect the injured person’s share of responsibility rather than necessarily preventing recovery altogether. (Irish Statute Book)

Do all workplace injury claims go to court?

No. Workplace claims may be dealt with through the Injuries Resolution Board’s assessment or mediation procedures, and claims can also resolve by agreement. Court proceedings may become necessary where liability or the appropriate level of damages cannot be resolved. (Injuries)

How long does a workplace injury claim take?

There is no single timetable. The duration depends upon factors including the Injuries Resolution Board process, whether liability is disputed, recovery from the injuries, medical evidence, the number of parties involved and whether court proceedings become necessary.

Can I claim for lost wages?

Loss of earnings caused by an injury may form part of a claim where it can be established and supported by appropriate evidence. The Injuries Resolution Board identifies loss of earnings and medical expenses as examples of financial losses considered when assessing a claim.

Speak to a Workplace Injury Solicitor in Dublin

 

If you have suffered an injury in an accident at work in Dublin, Lacey Solicitors can consider how the accident happened, the evidence available and the legal issues arising from your particular circumstances.*

Lacey Solicitors – Dublin Office
Ormond Building
31–36 Ormond Quay Upper
Dublin 7
D07 EE37

Telephone: +353 1 5134375

You can also contact us through the enquiry form on the Lacey Solicitors website. The Dublin office address and telephone number are confirmed on the firm’s current website.

Important Costs Information

 

* In contentious business, a solicitor may not calculate fees or other charges as a specified percentage or proportion of any award or settlement. A solicitor may not, without the client’s prior written agreement, deduct or appropriate legal costs from damages or other monies payable to the client.

 

Could Your Smartwatch Become a Witness? Wearable Technology and Personal Injury Claims

Posted on by Lacey Solicitors

Smartwatches and fitness apps now record an extraordinary amount of information about everyday life. Apple Watches, Fitbits, Garmin devices and apps such as Strava can create detailed records of steps, exercise, distance travelled, heart rate, sleep patterns and GPS activity.

For insurers defending personal injury claims, that creates an increasingly important evidential question: when a plaintiff puts their mobility, physical activity or ability to exercise directly in issue, could the data recorded on their wrist become relevant evidence?

At Lacey Solicitors, acting for insurers from our offices in Belfast and Dublin, we increasingly see digital evidence forming part of the wider investigation of personal injury claims. CCTV, social media, dashcam footage, vehicle telematics and surveillance are already familiar tools. Wearable technology may represent the next development.

Why Wearable Data Could Matter to Insurers

 

Personal injury claims frequently include allegations about changes in a plaintiff’s everyday activities through loss of amenity claims.

A plaintiff may say that an accident has substantially reduced their mobility, prevented them from walking significant distances, stopped them running or cycling, interfered with gym attendance or prevented a return to a sport or hobby.

Traditionally, those assertions are examined through medical evidence, witness evidence, employment records, social media and, in appropriate cases, surveillance.

Wearable technology can potentially add another source of evidence.

If an individual regularly wore a smartwatch before and after an accident, the device might show a measurable reduction in activity following the incident. That evidence could support the plaintiff’s account.

Conversely, recorded walks, runs, cycling sessions or other physical activity may require explanation where they appear inconsistent with an allegation of severe or prolonged physical restriction.

The important point for insurers is that wearable evidence should not be viewed simply as evidence against a plaintiff. It can support either side of the case. Its value lies in providing an objective evidential background against which the pleaded case, medical evidence and plaintiff’s account can be tested.

Strava and Personal Injury Claims

 

Strava is particularly interesting in claims involving running, walking and cycling.

Depending upon the device used and the individual’s settings, an activity can record distance, duration, pace, speed, route, elevation and sometimes heart-rate information.

There may also be a significant distinction between data held privately within an account and activities which the individual has chosen to make publicly visible.

Strava evidence has already appeared in UK civil litigation and is used regularly within our office to test a Plaintiff’s account.

In the Scottish Court of Session decision of Nigel Dick v Joseph Merrick [2024] CSOH 39, Strava and GPS material was considered in examining the circumstances surrounding a serious cycling collision.

The case is particularly useful because it also demonstrates why insurers should be cautious about treating digital data as infallible. The Court heard evidence about the limitations of GPS positioning and the degree of error which could affect Strava data.

A GPS point on a map is therefore not necessarily conclusive evidence that a person was in an exact position at an exact second. As with CCTV, telematics or engineering evidence, the underlying technology and its limitations have to be understood.

Could an Insurer Obtain Smartwatch Data in Northern Ireland?

 

Potentially, although relevance and proportionality are critical.

Discovery in Northern Ireland can extend to material in a party’s possession, custody or power which relates to matters in issue.

There is, however, an important procedural qualification in County Court litigation.

Where liability has been admitted, or where proceedings arise from a collision or apprehended collision involving a vehicle, the County Court Rules generally restrict ordinary discovery to documents relating to special damage unless the Court orders otherwise.

That can be important in a road traffic personal injury claim where a Defendant wishes to obtain smartwatch information solely to investigate general damages or an allegation of continuing restriction.

It does not necessarily mean that such evidence could never be obtained. It means that the insurer and its solicitors need to consider the procedural route carefully and be capable of explaining why the particular evidence sought is relevant and necessary.

A request for a claimant’s complete Apple Health history from several years before an accident to the present day is likely to raise obvious objections.

A tightly defined request directed, for example, to activity or step-count information over a specific period where the plaintiff alleges an inability to walk significant distances presents a very different proposition.

What About Discovery in the Republic of Ireland?

 

Similar questions arise in Irish litigation, although under a different procedural regime.

In High Court proceedings, Order 31 of the Rules of the Superior Courts expressly deals with electronically stored information. A party seeking discovery must identify the categories required and explain why they are necessary for the fair disposal of the proceedings or for saving costs.

The Rules expressly provide that, for discovery purposes, documents include electronically stored information.

In Circuit Court proceedings, Order 32 similarly permits discovery of documents relating to matters in issue, subject to the Court’s assessment of whether the discovery sought is necessary.

For an insurer defending a claim in Dublin or elsewhere in the Republic, the question is therefore unlikely to be simply, “Can smartwatch data be discovered?”

The more useful questions are: What precise data is relevant? What allegation does it test? What period is justified? Does the claimant have possession or power over the information? And is obtaining it proportionate to the issue being investigated?

Those questions should inform the wording of any voluntary discovery request and any subsequent application.

What Can Insurers Learn From US Wearable-Data Cases?

 

Although US decisions are not binding in either Northern Ireland or the Republic of Ireland, American courts have already had to deal directly with requests for Fitbit information and provide useful illustrations of the competing arguments.

In Bartis v Biomet Inc (2021), a US Federal Court considered Fitbit information in circumstances where the claimant alleged continuing pain and limitations on his mobility.

The Court accepted that activity levels were relevant and ordered production of a portion of the Fitbit information. Significantly, the Defendant did not receive unrestricted access to every category of information generated by the device.

That approach can be contrasted with Spoljaric v Savarese (2020), where the New York Supreme Court rejected a demand for all Fitbit data. The Court considered that the request, on the evidence before it, amounted to an overly broad fishing expedition.

The distinction is important for insurers.

The developing lesson is not that a claimant’s entire digital life becomes discoverable whenever personal injury is alleged. Rather, specific activity information may become relevant where it can be linked directly to a pleaded allegation concerning mobility, incapacity or loss of amenity.

Data Protection Does Not End the Analysis

 

Wearable devices can contain extremely sensitive information.

Heart-rate information, health measurements and other information concerning health may constitute special-category personal data for the purposes of data-protection legislation.

Different statutory regimes apply in Northern Ireland and the Republic of Ireland, but both the UK GDPR and EU GDPR recognise processing connected with the establishment, exercise or defence of legal claims.

That does not provide a licence to collect unnecessary information.

Relevance, necessity, proportionality, data minimisation and security remain important considerations. An insurer investigating whether a claimant continued running following an accident may have a legitimate reason for seeking activity information. That does not automatically create a legitimate need for unrelated sleep information, menstrual-cycle information, historic cardiac measurements or an unrestricted GPS history.

The distinction between the information that is relevant to the litigation and everything the device happens to contain is likely to become increasingly important.

Discovery Does Not Automatically Mean Public Disclosure

 

There is also a distinction between information being produced during litigation and information becoming generally available to the public.

Discovery does not automatically place a claimant’s entire smartwatch or app history into the public domain.

However, if particular information becomes relevant evidence at trial, it may ultimately be referred to in open court, included in expert evidence or discussed in a judgment.

That is another reason why requests should be directed towards the information genuinely required for the litigation.

When Should Insurers Consider Wearable Evidence?

 

Wearable evidence is unlikely to be worthwhile in the ordinary minor injury claim simply because a claimant happens to own an Apple Watch.

Its potential significance increases where there is a genuine evidential issue concerning substantial or prolonged loss of mobility; an alleged inability to walk, run, cycle or exercise; significant loss of amenity involving sport or physical hobbies; conflicting accounts of physical capability; or other evidence suggesting that recorded activity may materially assist in testing the claim.

The starting point should therefore be the pleaded case and the medical evidence rather than the technology itself.

The question is not, “Does this claimant own a smartwatch?”

It is, “Is there an issue in this claim which relevant smartwatch information could properly help to resolve?”

Preservation and Interpretation of Digital Evidence

 

Insurers should also consider the practical quality of the evidence.

A screenshot showing a single day’s step count may tell only part of the story. Where wearable evidence is likely to be important, consideration may need to be given to the underlying export, the period covered, the device which produced the information, whether information was entered manually, whether the device was worn consistently and whether data has been synchronised between different applications.

Context matters as well.

Ten thousand recorded steps do not necessarily establish that a claimant was pain-free. A recorded cycle does not establish the absence of an injury. Equally, an assertion that someone could barely walk may require further examination if their fitness application records repeated substantial activity throughout the same period.

Wearable evidence should therefore be considered alongside the medical evidence and the remainder of the evidential picture rather than in isolation.

From CCTV to Smartwatches: The Changing Evidence in Personal Injury Litigation

 

Claims investigation has changed significantly.

Insurers now routinely encounter evidence generated by mobile phones, social media accounts, dashcams, CCTV systems and vehicle telematics. Smartwatches and fitness applications add another substantial source of contemporaneously generated digital information.

As adoption of these devices increases, disputes about their disclosure, interpretation and evidential weight are likely to become more common.

For insurers, the practical approach is likely to be targeted rather than speculative: identify the particular allegation requiring investigation, determine whether wearable data could genuinely assist, define the information and period required and consider the appropriate procedural mechanism for obtaining it.

Insurance Defence Solicitors in Dublin and Belfast

 

Lacey Solicitors is an insurance law firm acting for insurers and their policyholders in personal injury and insurance litigation across Northern Ireland and the Republic of Ireland, from our offices in Belfast and Dublin.

Our insurance defence team advises on claims investigation, discovery, surveillance, digital evidence, road traffic litigation and the evidential issues arising from increasingly sophisticated technology.

Wearable data will not be relevant in every personal injury claim but in every case it is tested by our team who carry out the relevant online searchs and social media searches. Where a plaintiff’s mobility, physical activity or ability to participate in sport is directly in issue, information generated by a smartwatch or fitness application may increasingly become part of the evidential picture.

The witness of the future may not always be a person. Sometimes, it may be the device on their wrist.

CCTV After an Accident in Ireland: GDPR, Discovery and Access Requests

Posted on by Ruaidhri Austin

Any insurance practitioner will know that CCTV is one of the most important peices of evidence following an accident. Unlike witness recollections, footage may provide a contemporaneous record of where people were positioned, how an accident occurred and what happened immediately afterwards.

But having been captured on CCTV does not necessarily mean that a person involved in an accident is automatically entitled to receive the footage through the court discovery process.

Irish law draws an important distinction between obtaining CCTV through discovery in civil proceedings and requesting access to your own personal data under Article 15 of the GDPR.

That distinction became particularly important following the High Court decision in Dudgeon v Supermacs Ireland Ltd [2020] IEHC 600 and the subsequent response from the Irish Data Protection Commission.

For insurers, businesses, defendants and those involved in a personal injury* claim, understanding the difference can be significant.

Why Is CCTV So Important After an Accident?

 

CCTV frequently arises in claims involving:

  • accidents in shops, supermarkets, restaurants and hotels;
  • slips, trips and falls;
  • road traffic accidents in car parks or near commercial premises;
  • accidents involving buses or other public transport;
  • workplace accidents; and
  • incidents where there is disagreement about exactly what happened.

The attraction of CCTV is obvious. It may provide an objective record of an event which can later be compared with witness evidence, pleadings, medical evidence and the accounts given by the parties.

However, there are different legal routes by which CCTV might be obtained, and those routes should not be confused.

What Is Discovery?

 

Discovery is the process by which parties to civil litigation may be required to disclose relevant documents and material in their possession, power or procurement.

Its purpose is not to provide unrestricted access to everything that might be interesting or potentially useful. Discovery is governed by the issues arising in the proceedings and the principles of relevance, necessity and the proper administration of justice.

CCTV is capable of being discoverable. Indeed, video footage can sometimes be extremely important evidence.

However, Dudgeon v Supermacs demonstrates that the existence of relevant CCTV does not necessarily mean that a court will order its disclosure in every case.

What Happened in Dudgeon v Supermacs?

 

The case arose from an accident at a Supermacs restaurant in Galway in January 2017.

The plaintiff’s case was that she sat on a chair which broke and that she fell to the ground, sustaining injury. Proceedings were subsequently issued and discovery was sought, including CCTV footage from the restaurant.

The plaintiff argued that CCTV represented particularly strong evidence because it recorded events as they happened and was not dependent upon the potentially imperfect recollection of witnesses.

The request was resisted by Supermacs.

The dispute ultimately reached the High Court, where Mr Justice Barr considered the purpose for which the footage was being sought. The Court concluded on the particular facts that the CCTV was essentially being requested so that the plaintiff could verify her assertion that she had fallen to the ground before giving evidence.

The High Court upheld the refusal to order discovery of the footage.

The decision should not be interpreted as establishing that CCTV cannot be discovered in personal injury litigation. Rather, it illustrates that a request for CCTV through discovery will be considered according to the issues in the particular proceedings and the purpose and necessity of the discovery sought.

Does Dudgeon Mean an Injured Person Cannot Obtain the CCTV?

 

No.

This is where the distinction between discovery and data protection law becomes particularly important.

Following the decision in Dudgeon, the Irish Data Protection Commission published specific guidance entitled “CCTV, Discovery and Access Requests” on 10 February 2021.

The DPC expressly emphasised that Dudgeon concerned the law of discovery in Irish litigation.

It did not determine an individual’s separate rights under data protection law. (Homepage | Data Protection Commission)

The DPC explained that the right to access one’s own personal data is grounded in Article 15 GDPR and Article 8(2) of the Charter of Fundamental Rights of the European Union.

Crucially, the DPC stated that an individual’s right to request access to personal data does not depend upon whether that person is involved in court proceedings. (Homepage | Data Protection Commission)

Accordingly, the fact that CCTV may not be obtainable through discovery does not necessarily determine whether an individual has a separate entitlement to access personal data contained in that footage under the GDPR.

Can You Make a GDPR Request for CCTV?

 

Potentially, yes.

Where CCTV contains an identifiable image of an individual, that image can constitute that person’s personal data.

Article 15 GDPR provides individuals with a right of access to personal data being processed about them. In appropriate circumstances, this can include CCTV footage.

The DPC has stated that, when dealing with CCTV access requests, providing a copy of the individual’s personal data will usually require the provision of the footage itself in video format.

Where video genuinely cannot be provided, still images may sometimes be appropriate, but the controller must still provide a complete response in accordance with its obligations. (Homepage | Data Protection Commission)

This is not merely theoretical.

In a DPC case study published in relation to 2024, an individual requested CCTV following an accident involving a transport company’s bus. The company did not initially respond. Following intervention by the DPC, the company provided the requested CCTV footage to the individual. (Homepage | Data Protection Commission)

Does It Matter That the CCTV Is Wanted for a Legal Claim?

 

This is where a later decision of the Court of Justice of the European Union becomes particularly relevant.

In FT v DW, Case C-307/22, decided on 26 October 2023, an individual sought access to medical records under Article 15 GDPR with a view to examining potential liability arising from medical treatment.

The Court held that the GDPR does not make the provision of the first copy of personal data conditional upon the person giving reasons to justify the request.

In other words, the controller could not require the data subject to demonstrate some approved GDPR-related motive before exercising the Article 15 right. (EUR-Lex)

Although FT v DW concerned medical records rather than CCTV, the Article 15 principle is important.

A request does not cease to be an Article 15 request simply because the individual may ultimately wish to use the information when considering legal proceedings.

That creates an interesting contrast with Dudgeon.

In Dudgeon, the purpose for which the plaintiff sought the CCTV was highly relevant to the Court’s decision on discovery.

Article 15 GDPR operates under a different legal framework.

Is a Subject Access Request a Way Around Discovery?

 

It would be too simplistic to describe GDPR as a means of simply circumventing the rules of discovery.

The better analysis is that the two rights have different legal foundations and different purposes.

Discovery is part of the court process. It concerns disclosure between litigating parties and is controlled by the rules and principles governing civil proceedings.

A Subject Access Request concerns an individual’s statutory right to obtain access to their own personal data.

The Data Protection Commission’s response to Dudgeon could hardly be clearer on that distinction: the fact that litigation exists does not, by itself, remove the right to request access to personal data. (Homepage | Data Protection Commission)

Equally, Article 15 is not unlimited.

The GDPR itself contains qualifications, including protection for the rights and freedoms of others, and Irish legislation contains circumstances in which data protection rights may lawfully be restricted.

Any refusal therefore requires consideration of the actual legal basis relied upon. A blanket response that CCTV will not be provided simply because personal injury proceedings are contemplated or underway may not adequately address the separate Article 15 issue.

What If Other People Appear on the CCTV?

 

This is a common practical issue.

An access request concerns the requester’s personal data. It does not automatically entitle that individual to unrestricted personal data relating to everybody else who appears on the recording.

That does not necessarily justify withholding the entire recording.

The DPC’s CCTV guidance explains that where other identifiable people appear, a controller may need to pixelate or otherwise de-identify those individuals before supplying the footage. (Homepage | Data Protection Commission)

Controllers therefore need to consider whether third-party rights can be protected through editing or redaction rather than assuming that the presence of another person automatically prevents disclosure.

How Quickly Should CCTV Be Requested?

 

As early as possible.

Many CCTV systems operate according to retention periods and footage may eventually be overwritten in the ordinary course of operation.

If an accident has occurred and CCTV is likely to be relevant, consideration should therefore be given promptly to identifying who controls the system and requesting that relevant footage is preserved.

Once a valid access request has been made, the GDPR generally requires a response within one month. The DPC has also emphasised the importance of preserving relevant footage while an access request is being dealt with. (Homepage | Data Protection Commission)

For insurers and businesses operating CCTV systems, appropriate procedures for identifying, preserving, reviewing and redacting footage can therefore be important both from a claims-handling and data-protection perspective.

Obtaining CCTV Is Not the Same as Having an Unrestricted Right to Publish It

 

There is another important distinction.

Even where CCTV is disclosed during civil litigation, the recipient does not ordinarily acquire an unrestricted right to circulate or publish it.

Documents and information produced through discovery are generally subject to an implied undertaking that they will be used only for the purposes of the proceedings in which they were disclosed.

We have previously looked in detail at this issue in our article Discovery, Implied Undertakings and Contempt of Court: A Conor McGregor Saga, following the High Court proceedings concerning CCTV used in the Nikita Hand litigation. (Lacey Solicitors)

The important point is that:

the right to obtain evidence and the right to publish or disseminate that evidence are two different questions.

CCTV obtained on discovery must be handled in accordance with the obligations attaching to the discovery process. Material obtained through a data protection request may raise different issues, but receipt of personal data should not be treated as an unrestricted licence to publish footage containing other individuals or otherwise interfere with their rights.

The Position for Insurers and Businesses

 

For insurers, retailers, hospitality businesses, transport operators and other organisations dealing with accident claims, Dudgeon should not be treated as authority for a general policy of refusing CCTV requests whenever litigation is anticipated.

The first question should be: what legal route is being used to seek the footage?

A request for voluntary discovery, a formal discovery application and an Article 15 access request are not the same thing.

Businesses should also distinguish between:

a dispute over whether CCTV must be disclosed as evidence in litigation; and

an individual’s separate request to obtain personal data held about them.

Conflating the two can create unnecessary difficulty and potentially expose a controller to a complaint to the Data Protection Commission.

The Position for Someone Involved in an Accident

 

For a person seeking CCTV following an accident, the practical starting point is to identify quickly who owns or controls the camera.

The request should identify the accident as accurately as possible, including the date, approximate time, location and any information that assists the controller in identifying the requester on the footage.

It may also be sensible to request expressly that the footage is preserved pending determination of the request.

Where litigation is contemplated, the appropriate route to obtaining evidence will depend upon the circumstances of the particular case. A Subject Access Request and discovery should not automatically be treated as interchangeable.

CCTV, GDPR and Litigation: The Key Distinction

 

The aftermath of Dudgeon v Supermacs demonstrates why CCTV disputes require careful analysis.

The High Court was entitled to consider the proper purpose and necessity of a discovery application within civil litigation.

The Data Protection Commission subsequently made clear that this did not determine the separate right of a person to request access to their own personal data under Article 15 GDPR.

The later decision of the CJEU in FT v DW reinforces the point that an Article 15 requester does not generally have to provide a particular reason to justify exercising the right of access. (EUR-Lex)

For both insurers and those bringing claims, the starting point should therefore be to identify which legal right is actually being exercised.

Discovery and data access can sometimes concern exactly the same piece of CCTV footage.

They are not, however, the same legal process.

Lacey Solicitors Insurance Lawyers Dublin

Lacey Solicitors advises insurers, businesses and individuals in relation to insurance litigation and personal injury* proceedings throughout Ireland.

Our Dublin office is at Ormond Building, 31–36 Ormond Quay Upper, Dublin 7, D07 EE37, and can be contacted on +353 1 513 4375.

 

In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.

 

What to Do After a Car Accident in Dublin: Frequently Asked Questions

Posted on by Lacey Solicitors

If you have been involved in a car accident in Dublin, it is completely normal to have questions about what happens next. You may be wondering whether you need to contact the Gardaí, what details you should exchange, whether delayed pain is normal, what happens with your damaged vehicle or how the personal injury claims* process works in Ireland.

Some questions arise immediately at the roadside. Others only become important in the hours, days or weeks that follow.

Below, we answer some of the most common questions people ask after a road traffic accident in Dublin and elsewhere in Ireland.

What Should I Do Immediately After a Car Accident in Dublin?

 

Your first priority should be safety.

If somebody has been seriously injured or requires emergency medical attention, call 999 or 112.

If you are involved in a road traffic collision, you must stop your vehicle and remain at the scene for a reasonable period. Where somebody is injured or appears to require assistance, assistance should be offered.

If vehicles are creating a danger or unnecessarily obstructing the road, it may be necessary to move them once it is safe to do so. Where possible, take photographs showing the position of the vehicles before they are moved.

Once the immediate safety issues have been dealt with, exchange details with the other driver and preserve as much evidence as reasonably possible.

Do I Have to Call the Gardaí After a Car Accident?

 

Not every minor road traffic collision requires Gardaí to attend the scene.

However, An Garda Síochána advises that Gardaí should be called in serious incidents or where you believe a road traffic offence may have occurred.

If you or another person has been injured and there is no Garda at the scene, the accident must be reported to the nearest Garda station.

There are also obligations where property has been damaged and the owner or person in charge of that property cannot be located.

You can read the Garda guidance on what to do following a road traffic collision on the An Garda Síochána website.

What Details Should I Exchange With the Other Driver?

 

You should obtain sufficient information to identify the driver, vehicle and insurer.

This will normally include:

  • the driver’s full name and address;
  • the vehicle registration number;
  • the name and address of the registered owner if different;
  • the name of the insurance company;
  • insurance policy or certificate details where available;
  • a telephone number; and
  • details of any other vehicles involved.

Where appropriate, photograph the registration plate and insurance disc.

Do not rely solely on somebody saying that they will contact you later.

What Photos Should I Take After a Car Accident?

 

Photographs can become extremely useful if there is later a disagreement about how an accident occurred.

If it is safe to do so, photograph:

  • the damage to both vehicles;
  • the position of the vehicles;
  • the wider accident scene;
  • road markings;
  • lanes;
  • junctions;
  • traffic lights;
  • road signs;
  • skid marks or debris;
  • weather and road conditions; and
  • anything that may have affected visibility.

Try to take both close-up photographs of the damage and wider photographs showing the road layout.

If the vehicles must be moved, photographs taken beforehand may become particularly important.

Should I Get the Details of Witnesses?

 

Yes.

If an independent person witnessed the accident, ask for their name and contact details.

Witness evidence can become particularly important where the drivers later give different accounts of what happened.

Do not assume somebody else has already taken the witness’s information or that the Gardaí have retained them.

What Should I Do With Dashcam Footage?

 

Save it as soon as possible.

Many dashcam systems automatically overwrite older recordings. Important evidence can therefore disappear if footage is not protected or downloaded.

Where possible, preserve the original recording rather than simply saving a short clip of the collision itself.

The seconds or minutes before an accident can sometimes be just as important as the impact. Footage may show road positioning, traffic signals, speed, indicators or the movement of other vehicles.

Should I Admit That the Car Accident Was My Fault?

 

At the roadside, concentrate on safety, exchanging information and accurately recording what happened.

You do not need to make an immediate legal assessment of who was responsible and indeed most insurance policies prevent you from doing so.

Liability may depend upon evidence that is not obvious at the scene, including witness accounts, photographs, dashcam footage, road layout and the nature of the vehicle damage.

It is usually better to provide an accurate factual account than to speculate about responsibility immediately after an accident.

What If the Other Driver Admits Fault at the Scene?

 

An admission can be relevant, but you should still preserve the evidence.

People sometimes give a different version of events after they have had time to reflect or after speaking to their insurer.

If something important is said at the scene, make a note of what was said, when it was said and who heard it.

Save any subsequent text messages, WhatsApp messages or emails relating to the accident.

Should I Tell My Insurance Company About the Accident?

 

Yes.

You should notify your insurer promptly and comply with the reporting requirements contained in your motor insurance policy.

That applies even if you believe the accident was entirely the other driver’s fault.

Provide an accurate account and retain copies of any correspondence exchanged with the insurer.

What If I Feel Fine at the Scene but Develop Pain Later?

 

Not everyone experiences pain immediately after a road traffic accident.

Some people know straight away that they have been injured. Others may feel relatively normal at the scene and notice stiffness, soreness or restricted movement later that day or over the following days.

The absence of pain immediately after an accident does not necessarily mean that no injury has occurred.

At the same time, the fact that symptoms arise after an accident does not automatically establish their cause.

If you are concerned about symptoms, particularly where they are significant, persistent or worsening, appropriate medical advice should be obtained.

When speaking to your doctor, explain how the accident occurred, when the symptoms first appeared and how they have developed.

 

Should I Go to My GP After a Car Accident?

 

If you are injured or have symptoms that concern you, you should seek appropriate medical advice.

Depending upon the circumstances, this may involve your GP, an injury unit or an emergency department.

Medical treatment should be sought because it is clinically appropriate, not simply to create a record for a claim.

Where treatment is required, however, it is important that the history given to your doctor accurately records the accident and the symptoms you experienced.

Can You Be Injured in a Low-Speed Car Accident?

 

Yes.

The amount of visible damage to a vehicle does not, by itself, determine whether somebody inside it has been injured.

A relatively modest collision can still involve an unexpected movement of the body.

This question often arises following rear-end accidents and collisions in Dublin’s congested or stop-start traffic, where the external vehicle damage may appear relatively limited.

Vehicle damage and personal injury are separate evidential issues.

Likewise, extensive damage to a vehicle does not automatically establish the seriousness of an occupant’s injuries.

What If the Other Driver Says I Was Fine at the Scene?

 

This is something that frequently arises in disputed personal injury claims*.

A person may walk around, exchange details and appear relatively comfortable immediately after a collision but subsequently develop symptoms.

What somebody said or did at the scene can form part of the evidence, but it does not necessarily determine whether an injury subsequently developed.

The medical records, medical evidence, circumstances of the accident and the injured person’s account may all need to be considered.

Why Do I Feel Nervous About Driving After an Accident?

 

Some drivers become noticeably more cautious after a collision.

Someone involved in an accident at a roundabout may feel more apprehensive when approaching roundabouts again. A driver who has been struck from behind may become much more conscious of vehicles approaching in their mirrors.

These reactions can vary considerably from person to person.

Where anxiety, sleep disturbance or other psychological symptoms become significant or persistent, they should be discussed with an appropriate medical professional.

What If the Other Driver Says the Accident Was My Fault?

 

The fact that another driver alleges that you caused the accident does not determine liability.

Disputes can arise because drivers genuinely remember an incident differently.

Liability may ultimately depend upon evidence including:

  • driver accounts;
  • witness evidence;
  • photographs;
  • dashcam footage;
  • CCTV;
  • Garda evidence;
  • road layout;
  • traffic signals;
  • vehicle damage; and
  • engineering evidence where required.

The fact that an insurer denies liability is not the same as liability having been determined by a court.

What If I Was a Passenger?

 

A passenger injured in a road traffic accident may potentially bring a personal injury claim* where the accident was caused by somebody else’s negligence.

Depending upon how the collision occurred, the responsible party may be:

  • the driver of the vehicle in which the passenger was travelling;
  • another driver; or
  • more than one road user.

The appropriate party against whom a claim should be made will depend upon the facts.

What If I Was a Pedestrian or Cyclist?

 

The same basic principles of evidence preservation apply.

Seek medical assistance where required, obtain the driver’s and vehicle’s details, identify witnesses and take photographs if possible.

For pedestrian and cyclist accidents, the layout of the road can become particularly significant.

Photographs of pedestrian crossings, cycle lanes, junctions, road markings, traffic lights and visibility can therefore be important.

Who Pays for the Damage to My Car?

 

That will depend upon liability, insurance cover and how the property damage claim is being handled.

Where another driver is legally responsible for the accident, the reasonable cost of repairs may form part of the claim.

Where a vehicle is beyond economical repair, the relevant loss will normally be based upon its pre-accident value rather than the theoretical cost of repairing it.

If you hold comprehensive insurance, you may alternatively decide to deal initially with your own insurer.

Keep repair estimates, engineering reports, photographs and invoices.

What Happens If My Car Is Written Off?

 

Where a vehicle is considered beyond economical repair, attention normally turns to its pre-accident value.

This should reflect what the particular vehicle was worth immediately before the accident.

Relevant factors may include:

  • make and model;
  • age;
  • mileage;
  • specification;
  • condition;
  • service history; and
  • comparable vehicles available on the market.

If there is a disagreement about valuation, supporting evidence may be required.

Can I Recover My Insurance Excess?

 

An insurance excess paid as a result of an accident may potentially form part of the financial losses recoverable from the responsible party.

Keep evidence confirming the amount paid or deducted.

Can I Recover Car Hire or Taxi Costs?

 

Reasonable transport expenses arising from an accident may potentially be recoverable, depending upon the circumstances.

This can include replacement vehicle costs or other reasonable travel expenses.

These claims can become complicated, particularly where there is a dispute about:

  • whether a replacement vehicle was needed;
  • the type of replacement vehicle;
  • the period for which it was required; or
  • the rate charged.

Keep all invoices, agreements and receipts.

Where substantial hire charges are likely to arise, obtaining advice early can be important.

Can I Claim for Loss of Earnings?

 

Loss of earnings resulting from an injury may potentially form part of a personal injury claim*.

The loss must be supported by appropriate evidence.

Depending upon employment status, that may include:

  • payslips;
  • employer confirmation;
  • tax documentation;
  • accounts;
  • business records; and
  • medical evidence concerning the period during which the person was unable to work.

Claims involving self-employed people or variable earnings can require more detailed evidence.

How Do I Make a Personal Injury Claim After a Car Accident in Ireland?

 

Most personal injury claims* in Ireland must first be submitted to the Injuries Resolution Board, subject to certain exceptions.

A completed application generally requires information about the accident, details of the person or organisation against whom the claim is being made and a medical report from the treating doctor.

The Injuries Resolution Board currently provides two principal routes for resolving claims:

  • mediation; and
  • assessment.

You can make an application directly to the Injuries Resolution Board without instructing a solicitor.

Some people nevertheless choose to obtain legal advice in relation to liability, medical evidence, financial losses, limitation periods, settlement or the effect of accepting or rejecting an assessment.

What Is Injuries Resolution Board Mediation?

 

Mediation is a voluntary and confidential process designed to help the parties explore whether a personal injury claim* can be resolved by agreement.

An independent mediator communicates with the parties and assists them in discussing the issues.

The mediator does not impose a decision.

Mediation can address matters including liability, the extent of injuries, valuation and future treatment.

If agreement is reached, it is recorded in writing. A statutory 10-day cooling-off period applies before an Order to Pay is issued.

The Injuries Resolution Board currently reports that claims successfully resolved through mediation take an average of around three months.

Do I Have to Accept an Injuries Resolution Board Assessment?

 

No.

An assessment may be accepted or rejected.

Before deciding, it is important to understand matters such as:

  • the medical evidence;
  • your prognosis;
  • whether symptoms have resolved;
  • future treatment;
  • financial losses; and
  • the consequences of bringing the Injuries Resolution Board process to an end.

Where both sides accept an assessment and an Order to Pay issues, the settlement is legally binding.

How Long Does an Injuries Resolution Board Claim Take?

 

Every claim is different.

The Injuries Resolution Board currently states that most claims resolved through its Assessment Service take around nine months, while claims successfully concluded through mediation average approximately three months.

These are average figures rather than guaranteed timescales and certainly our experience is that these figures are light.  Our experience is that the Injuries Board normally takes around 12-15 monhts to assess a claim.

The nature of the injuries, the medical evidence and the complexity of the claim can affect how long the process takes.

Do I Need a Solicitor for the Injuries Resolution Board?

 

No.

You are permitted to make an application directly to the Injuries Resolution Board.

Whether you choose to obtain legal advice is a matter for you.

Some people seek advice because questions can arise concerning:

  • who is legally responsible;
  • the appropriate respondent;
  • medical evidence;
  • prognosis;
  • financial losses;
  • the Personal Injuries Guidelines;
  • limitation periods;
  • early settlement offers; and
  • whether to accept or reject an assessment.

A solicitor can advise on those issues based upon the circumstances of the individual case.

Should I Speak to a Solicitor After a Car Accident in Dublin?

 

That depends upon your circumstances.

Some accidents are resolved relatively simply between insurers. Others raise questions about injury, liability, vehicle valuation, loss of earnings, replacement vehicles or the Injuries Resolution Board process.

People often seek legal advice because they want to understand their position before deciding what to do next.

A solicitor advising on a road traffic accident can consider the evidence, explain the procedure and advise upon the particular circumstances rather than relying on general information online.

Speak to Lacey Solicitors About a Car Accident in Dublin

 

Lacey Solicitors advises clients in relation to road traffic accidents and personal injury claims* in Dublin and throughout Ireland.

Our Dublin office is:

Lacey Solicitors
Ormond Building
31–36 Ormond Quay Upper
Dublin 7
D07 EE37

Telephone: +353 1 513 4375

If you have been involved in a car accident and would like advice about liability, an injury, vehicle damage or the claims process, you can contact our Dublin office or get in touch through our website.

In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.

Delivery Driver Accidents in Dublin | Lacey Solicitors

Posted on by Lacey Solicitors

Delivery drivers are now a constant presence on Dublin roads. From food deliveries to parcel drop-offs, cars, vans, motorcycles and bicycles are stopping, starting and navigating busy urban streets throughout the day. While delivery services have become part of everyday life, they also add another layer of movement to an already congested road network.

Accidents involving delivery drivers are not necessarily the result of reckless driving. They can arise in ordinary situations where time pressure, traffic, restricted parking and road conditions combine. Even collisions at relatively low speeds can result in injury, vehicle damage and significant disruption for those involved.

Why Delivery Driving Creates Unique Risks

 

Delivery drivers frequently work to tight schedules and may be navigating unfamiliar streets to unfamiliar destinations while trying to locate an address or suitable place to stop.

Unlike ordinary commuting, delivery work can involve repeated changes in direction, frequent stops and regular movement in and out of traffic. A driver may need to pull over, reverse into a restricted space or rejoin a busy road shortly after completing a delivery.

In Dublin, where parking can be limited and many streets are heavily trafficked, finding a safe and suitable stopping point is not always straightforward. A delivery vehicle stopped close to a junction, cycle lane or line of parked cars can also affect visibility for other road users.

Common Scenarios Where Accidents Occur

 

One common situation involves sudden braking. A delivery driver may slow or stop after identifying an address, finding a parking space or responding to navigation instructions. A vehicle travelling behind may have little time to react.

Accidents can also occur when a delivery vehicle pulls away from the side of the road. Parked vehicles, cyclists, pedestrians and passing traffic can all restrict a driver’s view, particularly on busy Dublin streets.

Reversing is another potential source of accidents. Delivery vehicles may need to reverse into driveways, loading areas or confined spaces. This can create risks for pedestrians, cyclists and other vehicles, particularly where visibility is limited.

Door-opening incidents can also occur where delivery drivers or couriers stop beside moving traffic or cycle lanes. Care is required whenever a vehicle door is opened into an area being used by cyclists or other road users.

The Impact of Dublin’s Road Layout

 

Dublin’s road network presents its own challenges for delivery drivers.

Many residential areas have streets lined with parked vehicles, leaving relatively little space for larger vans to manoeuvre. In the city centre, drivers must contend with buses, taxis, cyclists, pedestrians, bus lanes, cycle infrastructure and frequent junctions.

Delivery drivers may also have difficulty finding an appropriate place to stop near their destination. This can result in repeated manoeuvres or stopping in locations where other road users may not expect a vehicle to be stationary.

Weather can add another complication. Heavy rain, low light and wet road surfaces can affect visibility, braking distances and a driver’s ability to judge the movement of surrounding traffic.

Injuries That Can Arise Following a Collision

 

An accident does not have to occur at high speed for an occupant to experience injury.

Sudden braking or an unexpected impact can place forces through the neck, back and shoulders. Some people may experience soft-tissue symptoms following a road traffic collision, including symptoms commonly associated with whiplash.

Symptoms can also develop some time after an accident rather than being immediately apparent at the scene.

You can read more about these types of injuries through our road traffic accident and whiplash services.

Determining How an Accident Happened

 

Delivery-driver accidents can sometimes involve disagreement about precisely how the collision occurred.

A delivery driver may say that they indicated before pulling away or stopping, while another road user may say that the manoeuvre occurred without sufficient warning. In reversing accidents, there may also be disagreement about the position and movement of each vehicle immediately before impact.

The circumstances of each accident therefore need to be considered individually.

Evidence may include photographs of the scene, dashcam footage, CCTV, witness accounts, vehicle damage and the position of the vehicles following the collision.

The fact that one of the vehicles was being used for delivery work does not, by itself, determine responsibility for an accident.

What to Do Following an Accident Involving a Delivery Driver

 

Following any road traffic accident, it is sensible to obtain the other driver’s details together with details of the vehicle and insurer where available.

Photographs of the vehicles, damage and surrounding road layout may also be useful. Where an accident involves a commercial delivery vehicle, it can be helpful to record the name of the delivery company or business displayed on the vehicle.

Anyone experiencing injury symptoms following an accident should consider obtaining appropriate medical advice.

Questions can also arise about insurance, responsibility for the accident, vehicle repairs and the process for dealing with any personal injury* element of the matter. The appropriate steps will depend upon the individual circumstances.

Delivery Traffic Is Now Part of Everyday Dublin Driving

 

Food delivery, online shopping and courier services mean that delivery vehicles are now a routine feature of Dublin’s roads.

Most journeys take place without incident, but the nature of delivery work creates situations in which vehicles are stopping, reversing and rejoining traffic more frequently than ordinary road users.

Understanding how these accidents commonly arise can help drivers, cyclists and pedestrians recognise some of the situations in which additional care may be required.

If you have been involved in a road traffic accident involving a delivery vehicle and require information about the legal process, you can contact Lacey Solicitors to discuss the circumstances of the accident.

Important Costs Information

 

* In contentious business, a solicitor may not calculate legal fees or other charges as a specified percentage or proportion of any award or settlement. A solicitor may not, without the client’s prior written agreement, deduct or appropriate legal costs from damages or other monies payable to the client.

Rear-End Collisions in Dublin: Liability, Injuries and What Happens Next

Posted on by Lacey Solicitors

Rear-end collisions are among the most common road traffic accidents encountered on Dublin’s roads. They happen every day in slow-moving traffic, at junctions, at traffic lights and on major routes such as the M50, where a sudden change in traffic flow can leave a following driver with very little time to react.

Dublin’s congestion provides the perfect environment for this type of accident. In December 2025, The Irish Times reported that Dublin had risen to become the 11th-most congested city in the world, according to the INRIX Global Traffic Scorecard. Motorists in the capital were estimated to have lost an average of 95 hours to congestion during 2025, an increase from 81 hours the previous year.

That means Dublin drivers spend a considerable amount of time in precisely the type of stop-start conditions in which rear-end collisions frequently happen.

Because many of these accidents take place at comparatively low speeds, they are sometimes dismissed as minor bumps. In reality, even a relatively modest rear-end impact can result in vehicle damage, physical symptoms and disruption in the days and weeks that follow.

At Lacey Solicitors, our Dublin solicitors deal with road traffic accident claims arising throughout Dublin and the Republic of Ireland. One of the first questions we are commonly asked following a rear-end collision is straightforward: who is responsible when one vehicle drives into the back of another?

Why Are Rear-End Collisions So Common in Dublin?

 

Congestion is an unavoidable part of driving in Dublin.

Traffic on the M50 can change from flowing normally to slow-moving or stationary within a short distance. Similar stop-start conditions are encountered on routes into and around the city centre throughout the working week.

Drivers may repeatedly accelerate for a short distance before braking again. A driver can assume that traffic ahead is continuing to move, look elsewhere momentarily, and then discover that the vehicle immediately in front has stopped.

Sometimes all it takes is a momentary lapse in concentration.

Other common factors include:

  • following the vehicle ahead too closely;
  • approaching queuing traffic too quickly;
  • distraction inside the vehicle;
  • looking towards approaching traffic at a junction or roundabout rather than at the vehicle immediately ahead;
  • wet or slippery road conditions; and
  • failing to anticipate a sudden change in traffic flow.

The Road Safety Authority’s Rules of the Road advise drivers to maintain a safe distance from the vehicle in front. In ordinary dry conditions, drivers should generally remain at least two seconds behind the vehicle ahead. In wet weather, that distance should be increased.

In heavy Dublin traffic, maintaining that distance can be particularly important.

Who Is Liable in a Rear-End Collision in Dublin?

 

There is a common assumption that the driver behind is always responsible for a rear-end collision.

The position is more nuanced than that.

In many cases, the evidence will point towards the following driver because every motorist is expected to maintain a proper lookout, keep a safe distance and drive at a speed which allows them to react to foreseeable changes in traffic conditions.

If one vehicle is stationary at traffic lights or sitting in a queue and another vehicle simply drives into the back of it, the circumstances may therefore provide strong evidence as to how the collision occurred.

However, liability should not simply be assumed from the location of the damage.

There can be more complicated cases.

For example, a dispute may arise where a vehicle:

  • reversed immediately before the collision;
  • changed lanes directly in front of another vehicle;
  • entered a lane unexpectedly;
  • stopped as part of an unusual manoeuvre; or
  • was involved in a multi-vehicle or chain-reaction collision.

In those circumstances, it is necessary to consider the evidence and establish the sequence of events rather than simply concluding that the driver of the rear vehicle must automatically be responsible.

Typical Rear-End Collision Scenarios in Dublin

 

One of the most common rear-end accidents occurs at traffic lights.

A driver sees the lights change, assumes the vehicle ahead has begun moving and starts to accelerate. The vehicle in front either remains stationary or stops again, resulting in an impact.

A similar problem occurs at roundabouts.

The following driver may begin looking to the right for approaching traffic and anticipate that the vehicle ahead will enter the roundabout. If the first driver decides not to proceed, the following vehicle can collide with the rear of it.

Sudden congestion is another familiar scenario.

Traffic travelling normally on the M50 or one of Dublin’s main arterial routes can slow rapidly as congestion develops. A motorist approaching from behind may fail to appreciate how quickly the traffic ahead has come to a halt.

These accidents are not always caused by excessive speed. Often, they come down to observation, anticipation and the distance maintained between vehicles.

What Evidence Can Help Establish Liability?

 

Evidence collected shortly after a rear-end collision can become important if there is later disagreement about how the accident occurred.

Photographs of the vehicles, their positions and the surrounding road can assist.

Dashcam footage can be particularly valuable. Where a vehicle has a dashcam, the recording should be preserved as soon as possible because some systems automatically overwrite older footage.

The names and contact details of independent witnesses should also be obtained where possible.

Details of the other driver and their insurance should be recorded, together with the registration numbers of the vehicles involved.

Where An Garda Síochána attends the collision, details of the Garda station and any incident or reference information provided should also be retained.

Injuries Following a Rear-End Collision

 

Whiplash is one of the injuries most commonly associated with rear-end road traffic accidents.

The sudden movement caused by an impact can result in pain and stiffness affecting the neck, shoulders and upper back. Lower-back symptoms and headaches may also develop.

One important feature of these accidents is that symptoms are not always obvious immediately.

We regularly encounter situations where someone feels relatively well at the scene of an accident, only to develop stiffness, pain or restricted movement later that evening, the following morning or over the days that follow.

Someone saying at the roadside that they “feel fine” does not, in itself, establish that they could not subsequently have developed an injury.

Equally, the occurrence of an accident does not automatically prove the nature or extent of an injury being claimed.

Medical evidence remains important.

The symptoms reported, medical records, treatment required and the eventual course of recovery all have to be considered.

Does a Low-Speed Rear-End Collision Mean There Cannot Be an Injury?

 

No.

The speed of the vehicles is relevant, but it is not the only consideration.

Rear-end collisions occur across a wide range of circumstances. The effect upon an occupant can depend upon the nature and direction of the impact, the vehicles involved, the position of the person inside the vehicle and their individual circumstances.

Describing an accident as a “minor bump” does not, by itself, determine whether somebody was injured.

Likewise, the fact that a collision took place does not establish the extent of the injuries claimed.

That is why medical evidence is important in any personal injury claim.

What Should You Do After a Rear-End Collision in Dublin?

 

If you are involved in a rear-end collision, obtain the other driver’s details and vehicle registration and, where it is safe to do so, take photographs of the vehicles and accident location.

Obtain witness details where available and preserve any dashcam footage.

You should notify your own motor insurer of the accident.

If you develop pain or other symptoms, seek appropriate medical attention rather than simply assuming that they will disappear. Apart from addressing your health, contemporaneous medical records may later help establish when symptoms began and what treatment was required.

You should also retain receipts and records of financial losses caused by the accident. These might include medical expenses, vehicle-related costs, taxi or travel expenses and loss of earnings.

Making a Personal Injury Claim* After a Dublin Road Traffic Accident

 

Personal injury claims in the Republic of Ireland operate under a different procedure from claims in Northern Ireland.

In most cases, a personal injury claim must initially be submitted to the Injuries Resolution Board, unless the claim has already been resolved directly with the other party or their insurer.

An application normally requires details of the accident together with a medical report and the appropriate application fee. The Board can consider a claim through its assessment process and also offers mediation where the parties agree to participate.

You are not legally required to instruct a solicitor simply to make an application to the Injuries Resolution Board. However, you are entitled to obtain independent legal advice about matters such as liability, medical evidence, financial losses and the appropriate value of your claim.

Time limits are also important.

A claimant will normally have two years from the date of the accident or incident within which to bring a personal injury claim, subject to the relevant statutory provisions and the particular circumstances of the case.

A person intending to pursue a personal injury claim should also notify the proposed respondent in writing within one month of the accident. A failure to do so can potentially be taken into account by a court when considering legal costs.

For that reason, it is sensible to obtain advice at an early stage rather than waiting until a limitation date approaches.

Vehicle Damage and Other Losses

 

Personal injury is only one aspect of many rear-end collision claims.

Depending upon the circumstances, there may also be issues involving:

  • vehicle repairs;
  • the pre-accident value of a vehicle which has been written off;
  • towing or recovery charges;
  • storage charges;
  • an insurance excess;
  • replacement vehicle costs;
  • loss of earnings; and
  • other expenses directly arising from the collision.

These financial losses should be recorded and supported with invoices, receipts or other appropriate documentation where possible.

Our all-island solicitors regularly deal with both the personal injury and vehicle-related aspects of road traffic accident claims.

What If the Other Driver’s Insurer Contacts Me?

 

It is quite common for an insurer to contact an injured person shortly after a road traffic accident.

That is not, in itself, unusual.

However, you should understand precisely what is being proposed before agreeing to resolve a personal injury claim, particularly where your symptoms are ongoing or the medical prognosis is not yet clear.

A settlement intended to be in full and final satisfaction of a claim is an important decision.

If you are uncertain about the effect of an offer or whether your medical position has been sufficiently established, you can obtain legal advice before deciding whether to accept it.

Rear-End Collision Solicitor Dublin

 

Rear-end collisions may be commonplace on Dublin’s congested roads, but no two accidents are exactly the same.

Some cases involve a stationary vehicle being struck from behind and little disagreement about what occurred. Others develop into disputes about liability, medical evidence, vehicle damage, loss of earnings or the overall value of the claim.

At Lacey Solicitors, our Dublin team advises clients following road traffic accidents throughout Dublin and the Republic of Ireland.

If you have been injured in a rear-end collision and would like advice about making a personal injury claim*, you can contact our Dublin office:

Lacey Solicitors
Ormond Building
31–36 Ormond Quay Upper
Dublin 7
D07 EE37

Telephone: +353 1 513 4375

Our solicitors can consider the circumstances of the accident, the available evidence, your injuries and any financial losses before explaining the options available to you.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

 

Dublin Solicitor Whiplash Claim : What to Do After a Car Accident*

Posted on by Lacey Solicitors

If you have been injured in a car accident in Dublin, lthe first priority is always your own health and safety.  Obtain medical attention where required, thereafter speak to a solicitor who will advise on the importance of preserving evidence and notifying the relevant insurers

If you develop whiplash or another injury, do not rush into settling your personal injury claim before the medical position is clear. There are also important steps and time limits under Irish law which should be considered at an early stage.

Key Steps After an Accident

 

  • Look after your health first. Seek appropriate medical attention if you are injured or develop symptoms after the accident.
  • Gather evidence. Take photographs, exchange insurance details, identify witnesses and preserve dashcam footage.
  • Report the accident to Gardaí where required.
  • Act promptly. Different legal deadlines apply to personal injury claims in Ireland and so seek legal advice as early as possible.  Our office normally hear from individuals seeking legal advice the same day, or days just after the accident.
  • Tell your own insurer. Your policy will normally require you to report any incident that could give rise to a claim and so you should alert them to the collision
  • Get advice if you are unsure. Liability, medical evidence and insurance issues can become complicated even after an apparently straightforward collision.

What Should You Do After a Car Accident in Dublin?

 

The period immediately after a road traffic accident can be confusing. You may be dealing with injuries, vehicle damage, another driver and insurance details at the same time.

Try to deal with matters in a clear order.

1. Check for Injuries and Make the Scene Safe

Stop your vehicle.

If someone has been seriously injured or emergency assistance is required, call 999 or 112.

Where somebody is injured and no Garda attends the scene, the accident should be reported to the nearest Garda station.

If the vehicles are obstructing traffic or creating a danger, record their position where it is safe to do so before moving them.

2. Exchange Details

Obtain the other driver’s:

  • name and address;
  • vehicle registration;
  • insurance company and policy details; and
  • vehicle owner’s details, if different from the driver.

Where possible, take clear photographs of the registration plate and insurance disc.

Do not rely only on details written down from memory later.

3. Take Photographs

Photographs taken at the scene can become important evidence.

Take photographs of:

  • the damage to every vehicle;
  • the position of the vehicles, if safe;
  • the road layout;
  • traffic lights and road markings;
  • debris or skid marks;
  • the surrounding area; and
  • anything else that may explain how the collision happened.

If you were hit from behind, photograph both the rear of your vehicle and the front of the vehicle that struck you.

If the impact pushed you into another car, record the damage to all vehicles involved.

4. Get Witness Details

If somebody witnessed the collision, ask for their name and contact details.

An independent witness may become particularly important if the drivers later give different accounts.

5. Preserve Dashcam Footage

Download and save any relevant dashcam footage promptly.

Some cameras automatically overwrite previous recordings. Evidence can therefore disappear if it is not preserved.

Whiplash Claim Solicitor Dublin: What If You Develop Neck Pain?

 

Whiplash is an injury associated with sudden movement of the head and neck. It is commonly associated with road traffic accidents, particularly rear-end collisions.

Symptoms may include:

  • neck pain;
  • stiffness;
  • headaches;
  • reduced movement;
  • shoulder or upper-back discomfort; and
  • other symptoms associated with the injury.

Whiplash symptoms are not necessarily immediate. Most medical guidance suggests that symptoms may take several hours to develop.

If symptoms arise after the accident, obtain appropriate medical advice.

Give your doctor an accurate history. Explain when the accident occurred, when your symptoms began and how they are affecting you.

Do not exaggerate symptoms, but do not minimise them either.

Contemporaneous medical records can later become important evidence when the nature, cause and duration of an injury are considered.

What If I Felt Fine at the Scene?

 

That does not necessarily mean you have not been injured.

Some symptoms become apparent only after the initial shock of the accident has passed.

If pain, stiffness or other symptoms develop in the days thereafter, seek appropriate medical attention rather than simply assuming they will disappear.

What If There Is Very Little Damage to the Car?

 

Vehicle damage and personal injury are separate issues.

The appearance of a bumper does not, by itself, determine whether an occupant was injured.

An insurer is entitled to investigate whether the collision caused the injuries alleged and raise any causation arguments that they wish. The injured person is likewise entitled to rely on appropriate medical, factual and, where necessary, expert evidence.

Who Is Responsible for a Road Traffic Accident?

 

Legal responsibility is often described as liability.

Sometimes liability is straightforward. In other cases, the drivers give very different accounts of what happened.  In all cases you should allow your appointed solciitor to deal with any liabilty enquiries on your behalf.

Evidence can include:

  • photographs;
  • dashcam footage;
  • independent witnesses;
  • Garda evidence;
  • vehicle damage;
  • CCTV; and
  • engineering evidence.

What About a Rear-End Collision?

 

Where one vehicle strikes another from behind, the circumstances will often raise the question of whether the following driver failed to stop in time or maintain a safe distance.

That does not mean liability is automatically decided merely because one vehicle was struck from behind.

Disputes can arise about reversing, lane changes, braking, brake lights, road conditions or the sequence of impacts in a multi-vehicle collision.

What If I Was Stopped at Traffic Lights?

 

Being stationary when struck from behind can be important evidence.

Photographs, witnesses, CCTV and dashcam footage may help establish the position and movement of the vehicles immediately before impact.

What If I Was Pushed Into the Car in Front?

 

This is common in multi-vehicle accidents often called ‘concertina’ collisions.

A driver who is propelled forward by an impact from behind is in a very different factual position from someone who independently drives into the vehicle ahead.

Obtain details for every driver and vehicle involved. Photograph every relevant point of impact where possible.

Should I Speak to the Other Driver’s Insurance Company?

 

You should notify your own motor insurer in accordance with your policy terms and conditions.

The other driver’s insurer may also contact you and even make an offer of settlement.

There is nothing unusual about an insurer investigating an accident. However, we would advise caution when agreeing a full and final settlement before the medical position and financial consequences of the accident are fully understood.

It’s true that an early offer is not necessarily an unreasonable offer but the question is whether sufficient information is available to assess the claim properly.

If your medical prognosis remains uncertain, or you are still receiving treatment or losing earnings, those matters may be relevant before any settlement is considered and a Dublin whiplash solicitor can assist in that regard.

When Should You Contact a Whiplash Claim Solicitor Dublin?

 

In short, immediately by using the ‘contact us’ section below.  It is sensible to contact a solicitor early where:

  • liability is disputed;
  • you have suffered an injury;
  • your symptoms are continuing;
  • you are unable to work;
  • you have incurred financial losses;
  • several vehicles were involved;
  • an insurer has made a settlement offer;
  • the other vehicle is uninsured;
  • the other vehicle is foreign or Northern Irish registered; or
  • you are unsure how the Injuries Resolution Board process works.

People sometimes search online for a car accident lawyer Dublin or solicitor car accident Dublin.

In Ireland, a person seeking legal representation for this type of road traffic accident will normally instruct a solicitor.

The important question is whether that solicitor has appropriate experience dealing with road traffic, personal injury and insurance litigation.

How a Whiplash Claim Solicitor Dublin Can Help

 

A personal injury claim involves considerably more than completing an injuries board application form.

A solicitor can consider how the accident happened and identify the correct party or parties against whom a claim should be made.

The work may include:

  • investigating liability;
  • notifying the relevant parties;
  • obtaining medical evidence;
  • gathering supporting documentation;
  • identifying financial losses;
  • dealing with insurers;
  • advising on the Injuries Resolution Board process;
  • considering an assessment or settlement proposal; and
  • dealing with court proceedings where required.

At Lacey Solicitors, road traffic and insurance litigation forms a significant part of our practice.

We act in motor claims in both the Republic of Ireland and Northern Ireland, including cases involving vehicles, drivers and insurers from different jurisdictions.

How Does a Car Accident Injury Claim Work in Ireland?

 

Most personal injury claims must first be submitted to the Injuries Resolution Board, formerly known as the Personal Injuries Assessment Board or PIAB, before court proceedings can be commenced.

An application normally includes details of the accident, the party against whom the claim is made and the injuries sustained.

Medical evidence is required as part of the process.

The Injuries Resolution Board now provides both mediation and assessment processes.

Mediation

Mediation gives the parties an opportunity to try to resolve the claim with the assistance of an independent mediator.

The mediator does not impose a decision.

Where an agreement is reached through the statutory process and becomes binding, the Injuries Resolution Board can issue an Order to Pay.

Assessment

Where a claim proceeds by assessment, the Injuries Resolution Board considers the medical evidence and relevant financial losses.

The Personal Injuries Guidelines are used when assessing general damages for personal injuries.

The parties are then given an opportunity to accept or reject the assessment.

If both accept it, the Board issues an Order to Pay.

If either party does not accept the assessment, an Authorisation can issue. This permits the claimant to commence court proceedings if they decide to do so.

What Can Form Part of a Car Accident Claim?*

 

Compensation in a personal injury case can include general damages and special damages.

General Damages

General damages relate to the injury itself.

Relevant matters can include:

  • the nature of the injury;
  • its severity;
  • the duration of symptoms;
  • treatment;
  • prognosis; and
  • the effect of the injury on daily life.

There is no single automatic figure simply because an injury has been described as “whiplash”.

The individual medical evidence matters.

Special Damages

Special damages are identifiable financial losses arising from the accident.

Depending on the circumstances and supporting evidence, these can include matters such as:

  • loss of earnings;
  • hire car;
  • medical expenses;
  • repairs;
  • treatment expenses;
  • travel expenses; and
  • other reasonable financial losses caused by the accident.

Keep receipts, invoices, wage information and other supporting documentation.

How Long Do You Have to Make a Personal Injury Claim in Ireland?*

 

Time limits in personal injury cases are important and should be assessed by a solicitor.

The general limitation period is two years from the date on which the cause of action accrued or the injured person’s date of knowledge, whichever is later.

There are specific statutory provisions affecting how that period is calculated once an application has been made to the Injuries Resolution Board.

In broad terms, the period running from the making of the relevant Board application until six months after an Authorisation issues is disregarded for limitation purposes in relation to the respondent concerned.

Limitation is fact-specific.

The One-Month Letter of Claim

 

There is another important requirement which should not be confused with the two-year limitation period.

Under section 8 of the Civil Liability and Courts Act 2004, as amended, written notice of a personal injury claim should generally be served on the alleged wrongdoer within one month of the cause of action.

Failure to comply does not automatically extinguish a genuine claim.

However, it can have consequences in subsequent proceedings, including in relation to costs and the inferences a court may draw.

This is one reason why it can be sensible to obtain legal advice soon after an accident.

What If the Other Driver Is Uninsured or Cannot Be Identified?

 

An uninsured or unidentified driver does not necessarily mean that an injured person has no potential route to compensation.

The Motor Insurers’ Bureau of Ireland (MIBI) deals with qualifying claims arising from accidents caused by uninsured and unidentified vehicles.

Different procedures can apply in these cases.

Where possible:

  • report the accident promptly;
  • preserve the registration number;
  • obtain witness information;
  • retain photographs and dashcam footage; and
  • obtain advice on the appropriate procedure.

What If the Vehicle Is Northern Irish or UK Registered?

 

We live on a small island and this is a common and practical issue in road traffic litigation.

Vehicles routinely travel between Northern Ireland and the Republic of Ireland. An accident in Dublin may therefore involve a vehicle registered outside the State or an insurer based in another jurisdiction.

That does not, by itself, prevent a claim being pursued.

However, additional issues can arise when identifying the insurer, its representative and the appropriate procedure.

Lacey Solicitors operates from offices in Dublin and Belfast. Our solicitors have experience dealing with road traffic and insurance matters across both jurisdictions.

Frequently Asked Questions About Car Accidents in Dublin

Can I Make a Whiplash Claim After a Car Accident?*

Where another party’s negligence caused an accident and you sustained an injury as a result, you may have grounds to pursue a personal injury claim.

The individual facts and medical evidence must be considered and medical evidence should always be arranged.

My Neck Did Not Hurt Until the Next Day. Does That Matter?

Not necessarily.

Symptoms associated with whiplash can develop after the accident rather than immediately.  It is entirely common for injuries to only present in the days after the accident.

Obtain appropriate medical advice and accurately explain when your symptoms began.

The Other Insurer Has Admitted Liability. Is My Injury Claim Agreed?

No. An insurer may accept that its insured caused the collision while still investigating whether the accident caused the injuries alleged and what compensation, if any, is appropriate.

Liability and the valuation of a claim are separate issues.

Do Gardaí Have to Attend Every Car Accident?

No.

Not every road incident necessitates calling the Gardaí to the scene — for serious incidents, or ones where an offence is suspected, the Gardaí should be called on 999/112. Gardaí prioritise injury, obstruction, or suspected offences; for low-level shunts, they may not come out.

Should I Accept the First Offer From an Insurance Company?

There is no universal answer.

An offer should be considered against the available medical evidence, prognosis and documented financial losses.  Where you are unsure, obtain legal advice from a Dublin Solicitor before accepting a full and final settlement.

Do I Have to Accept an Injuries Resolution Board Assessment?

No.

Both sides can accept or reject an assessment.

Where both accept, an Order to Pay is issued. Where either does not accept it, an Authorisation may issue permitting court proceedings.

Will My Claim Have to Go to Court?

Not necessarily.

Road traffic claims can resolve through negotiation, mediation or the Injuries Resolution Board process.

Court proceedings may become necessary where liability or the appropriate level of compensation cannot be agreed.

Can a Passenger Make a Claim?*

Potentially, yes.

A passenger who suffers injury because of another road user’s negligence may have a claim.

The correct defendant or defendants will depend on the circumstances of the accident.

What If I Was Partly Responsible?

Partial responsibility does not necessarily prevent a claim.

The principle of contributory negligence can result in damages being reduced to reflect the injured person’s own share of responsibility.

The appropriate assessment depends on the evidence in each case.

What If I Was Hit From Behind?

Rear-end accidents are common, but liability still depends on the evidence.

The position of the vehicles, witness evidence, photographs, dashcam footage and the explanations given by the drivers may all be relevant.

What If the Accident Happened While I Was Working?

An accident occurring during employment can raise additional issues concerning insurance, employment and the identity of the appropriate defendant.

The particular circumstances should be considered before deciding how the matter should proceed.

Why Contact Lacey Solicitors?

 

Road traffic claims sit at the intersection of personal injury law and insurance law.

Lacey Solicitors acts in road traffic and insurance litigation in the Republic of Ireland and Northern Ireland.

Our team can advise on issues including:

  • disputed liability;
  • personal injury;
  • medical evidence;
  • insurance;
  • vehicle-related losses;
  • uninsured or unidentified drivers;
  • cross-border accidents; and
  • court proceedings where necessary.

Our Dublin Office

 

Lacey Solicitors
Ormond Building
31–36 Ormond Quay Upper
Dublin 7
D07 EE37

Telephone: +353 1 5134375

Speak to a Whiplash Claim Solicitor Dublin

 

If you have been injured in a car accident in Dublin and are unsure what to do next, contact Lacey Solicitors.

We can consider the circumstances of the accident, explain the Injuries Resolution Board process and advise you on the options available in your particular case.

Call our Dublin office on +353 1 5134375 or contact Lacey Solicitors through our online enquiry form.

Important Costs Information

* In contentious business, a solicitor may not calculate legal fees or other charges as a specified percentage or proportion of any award or settlement. A solicitor may not, without the client’s prior written agreement, deduct or appropriate legal costs from damages or other monies payable to the client.

Speak to an Expert at Lacey Solicitors today.

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