Passenger Injury Claims in Belfast: Can a Passenger Claim After a Car Accident?

If you were injured as a passenger in a car accident in Belfast, you may be entitled to make your own personal injury claim. It does not necessarily matter whether the accident was caused by another vehicle or by the driver of the car you were travelling in.

Passengers are in a different position from drivers. You were not steering the vehicle, deciding when to brake or choosing whether it was safe to pull out at a junction. In many road traffic accidents, the passenger has played no part at all in causing the collision.

Yet passengers are sometimes the people most unsure about what happens next.

That can be particularly true if you were travelling with your husband or wife, partner, friend, family member or work colleague. You might feel uncomfortable about making a claim if they caused the accident. You might also find that the driver is already dealing with an accident management company and has been referred to a particular solicitor.

Neither situation means that you should simply go with the flow.

Your injury is separate from the damage to the car, and as a passenger you are entitled to obtain your own legal advice and choose your own solicitor.


Why Is a Passenger Injury Claim Different?

 

A driver involved in an accident may face an argument about whether they were wholly or partly responsible for what happened.

A passenger will usually have had no involvement in the driving decisions that caused the collision.

Consider a fairly ordinary Belfast accident. You are sitting in the passenger seat while travelling through a junction. Your driver pulls out and another vehicle collides with your car.

The drivers may immediately disagree.

One says the other vehicle was travelling too quickly. The other says your driver should never have pulled out.

You, however, were simply sitting in the passenger seat.

If negligence by one or more drivers caused the collision and you were injured as a result, you may have your own claim regardless of the disagreement taking place between the drivers.

Northern Ireland has compulsory motor insurance requirements covering liability for death or bodily injury arising from the use of motor vehicles on the road. That is one reason why the insurance position is so important when a passenger is injured in a road traffic accident.


Can You Claim Compensation If You Were Injured as a Passenger?

 

Yes, potentially.

A passenger can bring a personal injury claim where another person’s negligence caused an accident and resulted in injury.

It does not matter simply because the person driving was your friend, partner, parent, sibling or colleague. Equally, you may have been travelling in a taxi, private-hire vehicle, work vehicle or bus.

The important questions are how the collision happened, who was legally responsible and whether the accident caused your injuries.

Passengers are often understandably more concerned about what has just happened than taking photographs of number plates and collecting policy information. Those details can usually be investigated afterwards.


What If the Driver of My Car Caused the Accident?

This is probably the most common question for many passengers speaking to our office for the first time.

You can still have a personal injury claim if the driver of the vehicle you were travelling in caused the accident.

Suppose you were travelling through Belfast with a friend. Your friend fails to stop in time and drives into the rear of another vehicle.

You suffer a neck injury as a result.

The fact that the negligent driver happens to be your friend does not mean that your injury suddenly stops.

The same principle applies where the driver is your partner, spouse, parent, other family member or colleague.

Strictly speaking, the legal claim may be brought against the person responsible for causing the accident. Where that person is properly insured, however, their motor insurer will ordinarily deal with the claim and provide the relevant indemnity.

For many passengers, understanding this removes much of the personal awkwardness.

You are not simply asking your friend or relative to take money out of their pocket and hand it to you. You are dealing with a road traffic accident and the insurance arrangements that exist for precisely these types of liabilities.


What If More Than One Driver Was Responsible?

 

Passenger claims can also arise where both drivers contributed to the accident.

Imagine two vehicles collide on a Belfast road. One driver may have pulled out when it was unsafe to do so, while the other may have been travelling too quickly.

Liability might ultimately be divided between them.

For the injured passenger, that does not necessarily prevent a claim.

Where the evidence indicates that more than one driver contributed to the collision, a solicitor can consider whether the claim should be pursued against more than one party.

You should therefore be cautious about being told:

“Nobody has admitted liability, so you can’t claim.”

An admission of liability at the roadside is not a prerequisite to investigating a passenger injury claim.

The evidence can be considered afterwards.


Can a Passenger Claim for Whiplash?

 

Yes.

Whiplash and other soft-tissue injuries can affect passengers just as they affect drivers.

When a vehicle is struck from behind, from the side or brought suddenly to a halt, the passenger’s head and neck can move rapidly. This can result in neck pain, stiffness, headaches, shoulder discomfort and restricted movement.

Passengers may sometimes be particularly unprepared for the collision.

You might have been speaking to the driver, looking through a side window or simply unaware that another vehicle was about to hit the car.

Symptoms do not necessarily have to appear immediately.

It is quite common after a road traffic accident for everyone to concentrate first on getting out of the vehicles, checking whether anyone is seriously hurt and exchanging information.

You may genuinely say at the scene that you feel fine.

Later that evening or over the following days, pain or stiffness may become more noticeable.

The sensible approach is to be accurate about what happened: how you felt immediately afterwards, when symptoms began and how they developed.

If you are experiencing symptoms following an accident, obtain appropriate medical advice.


What If I Wasn’t Wearing a Seatbelt?

 

Failure to wear a seatbelt does not automatically mean that a passenger cannot make a claim.

It can, however, become relevant to contributory negligence.

The issue is usually whether wearing the available seatbelt would have prevented the injury or reduced its severity.

If the evidence establishes that the failure to wear a seatbelt contributed to the injuries, compensation can potentially be reduced.

Northern Ireland courts have considered this issue in road traffic accident cases and have made deductions for contributory negligence where the medical and other evidence justified doing so.

That is very different from saying that there is automatically no claim at all.


My Driver Is Using an Accident Management Company. Do I Have to Use Their Solicitor?

 

No. You can choose your own solicitor.

This is increasingly relevant after road traffic accidents.

The driver of the vehicle may contact an accident management company to arrange repairs, recovery, storage or a replacement vehicle.

That company may have a relationship with a particular law firm and may refer the driver to that firm. You may then be asked whether you also want that solicitor to deal with your passenger injury claim.

You do not have to agree.

You are entitled to choose the solicitor you want to represent you.

You do not have to use a particular law firm simply because your driver is using them, the accident management company recommends them or paperwork has already been sent to you.

There can also be circumstances where obtaining separate advice is particularly sensible.

For example, if there is a possibility that the driver of the vehicle you were travelling in contributed to the accident, the driver’s legal position may not be identical to yours.

The important thing is that you are the client. The choice of solicitor is yours.


What If I Was a Passenger in a Taxi?

 

Passengers injured in taxis or private-hire vehicles can also potentially make a claim.

The same fundamental questions apply.

Who caused the accident? Was someone negligent? Did that negligence cause your injury?

Sometimes the taxi driver may have caused the collision. In other cases, another road user may be responsible.

You do not need to work out the answer yourself before speaking to a solicitor.


What Evidence Should an Injured Passenger Keep?

 

You do not need to conduct your own investigation, but preserving basic information can make matters considerably easier later.

Useful evidence can include:

  • photographs of the vehicles, accident scene and any visible injuries;
  • vehicle registration numbers and driver details;
  • details of any witnesses;
  • the police incident or reference number, if the police attended;
  • dashcam or other video footage;
  • GP, hospital and other medical records;
  • wage information if you lose earnings;
  • receipts for treatment, travel or other accident-related expenditure; and
  • brief dated notes recording your symptoms and how the injury affected normal activities.

Do not worry if you did not obtain everything at the roadside.

Passengers are often not involved in the exchange of insurance details at all.

The driver may have the relevant information, and further evidence can be obtained during the investigation of the claim.


Why Should a Passenger Keep Their Own Notes?

 

After an accident, almost all of the correspondence may go to the driver.

The driver’s insurer contacts them.

The accident management company contacts them.

The repairer or engineer contacts them.

As the passenger, you may hear relatively little.

It is therefore worth keeping your own brief record of what happened.

Note where you were sitting, whether you saw the collision coming, what you remember about the impact and when your symptoms developed.

Also record the practical effect of the injury.

Perhaps you struggled to sleep because of neck pain. Maybe you missed work, required help at home, stopped going to the gym for a period or became uncomfortable travelling as a passenger.

You do not need to write pages every evening.

Short, honest notes made reasonably close to the event can preserve details that become surprisingly difficult to remember months later.


What Compensation Can a Passenger Claim?

 

The value of a passenger injury claim depends upon the individual injuries and losses involved.

Compensation for the injury itself is generally assessed by reference to the nature of the injury, its severity and how long the symptoms are expected to last.

In Northern Ireland, the Green Book – Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland is an important reference used by courts and practitioners when assessing general damages.

A claim can also include appropriate financial losses resulting from the accident, such as loss of earnings or reasonable expenses, where these can be established.

A minor soft-tissue injury that resolves relatively quickly will therefore be approached very differently from a fracture, an injury requiring surgery or a condition producing permanent symptoms.


How Long Do I Have to Make a Passenger Injury Claim in Northern Ireland?

 

Personal injury claims in Northern Ireland are generally subject to a three-year limitation period, although the precise calculation of that period and the exceptions that can apply require care.

Different considerations can arise, for example, where the injured passenger was a child at the time of the accident or where questions arise concerning the date of knowledge.

Limitation should therefore never be left until the last moment.

If an accident happened some time ago, obtain advice rather than assuming either that you are safely within time or that it is definitely too late.


What If Someone Has Already Told Me I Don’t Have a Claim?

 

Have the actual circumstances considered before accepting that conclusion.

Passengers sometimes hear statements such as:

“Your friend was driving, so you can’t claim.”

“Your own driver caused it.”

“Neither insurer has admitted liability.”

“The car wasn’t badly damaged.”

“You said you were okay at the scene.”

“The accident management company has already appointed a solicitor.”

None of those statements, standing alone, decides whether you have a passenger injury claim.

A solicitor should look at how the accident happened, who may have been responsible, the insurance position, your medical evidence and the losses you sustained.

Being told “you can’t claim” is not the same as having the facts properly assessed.


Do Passenger Injury Claims Have to Go to Court?

 

Not necessarily.

Northern Ireland has a Pre-Action Protocol specifically dealing with personal injury and damage-only road traffic accident claims. Its purpose is to encourage the exchange of information and consideration of claims before proceedings become necessary.

Many road traffic accident claims can therefore be investigated and negotiated without a contested court hearing.

Whether proceedings are required depends upon matters such as liability, medical evidence, valuation and the approach adopted by the insurer.


Passenger Injury Solicitors in Belfast

 

Passengers can sometimes be overlooked after a car accident.

The driver’s attention is on the damaged vehicle. Insurance companies are exchanging information. An accident management company may be arranging repairs or replacement transport.

Meanwhile, you may simply be sitting at home wondering why your neck has started hurting.

If you were injured as a passenger in a road traffic accident in Belfast or elsewhere in Northern Ireland, you are entitled to obtain your own advice.

It does not matter simply because the driver was your partner, friend, relative or colleague. It does not matter that your driver has already chosen an accident management company or been referred to another solicitor.

Your injury is your claim, and your choice of solicitor is your decision.

At Lacey Solicitors, we act in road traffic accident and personal injury claims throughout Belfast and Northern Ireland. We can consider how the accident happened, identify the relevant parties and insurers, review the medical position and explain the practical steps involved.

You can also read more about our road traffic accident and whiplash services.

Every passenger injury claim depends upon its own facts. The starting point is simply to establish what happened and how the accident has affected you.

Neck Pain After a Car Accident in Ballymena

Neck pain is one of the most common symptoms people notice after a road traffic accident in Ballymena. For some people, discomfort appears almost immediately. For others, pain and stiffness can develop gradually over the hours or days that follow.

That delayed onset can be confusing, particularly where the accident itself seemed relatively minor or where someone was able to leave the scene believing they were largely unharmed.

Across Ballymena and the surrounding Mid and East Antrim area, road traffic accidents can happen during ordinary journeys — in slow-moving traffic, at junctions and roundabouts, in car parks or when a vehicle stops suddenly. Even where the impact does not appear particularly severe, the body can still be jolted in a way that places strain on the neck, shoulders and upper back.

Understanding the symptoms commonly reported after these accidents can help explain why neck pain does not always develop in a straightforward way.


Why Neck Pain Can Appear After a Car Accident in Ballymena

 

During a collision, the body can move suddenly and unexpectedly. Depending on the direction of impact, the head and neck may be forced forwards, backwards or sideways.

This rapid movement can place strain on the muscles, ligaments and other soft tissues around the neck.

Neck pain is commonly associated with whiplash, although people do not always describe their symptoms in exactly the same way. Some experience stiffness, while others describe soreness, tightness, tenderness or a dull ache extending across the neck and shoulders.

For some people, the symptoms are relatively mild immediately after the accident before becoming more noticeable later that day or the following morning.


Why Neck Pain May Not Start Straight Away

 

One of the questions we regularly hear following road traffic accidents is why someone felt relatively well at the scene but developed pain afterwards.

Immediately following an accident, people are often concentrating on what has just happened. They may be checking whether anyone has been injured, looking at vehicle damage, exchanging insurance details, speaking to the police or arranging for a damaged vehicle to be recovered.

In those circumstances, discomfort may not be the first thing they notice.

As the immediate stress of the collision passes, stiffness or soreness may become more apparent. Someone may wake the following morning and find that turning their head is uncomfortable. Others notice symptoms developing gradually while working, driving or carrying out their normal daily activities.

The fact that pain did not begin immediately does not, by itself, mean that it is unrelated to the accident.


What Does Neck Pain After an Accident Feel Like?

 

People can experience neck pain differently following a road traffic accident.

Some describe a sharp pain when turning their head in one direction. Others experience a constant ache or tight feeling around the base of the neck. Discomfort can also extend into the shoulders, upper back or towards the base of the skull.

People may also report:

  • stiffness or reduced movement in the neck;
  • pain when looking over the shoulder;
  • headaches;
  • soreness across the shoulders;
  • discomfort when sitting for prolonged periods;
  • difficulty finding a comfortable sleeping position; or
  • increased pain while driving or working at a computer.

Symptoms can also fluctuate. Someone may feel relatively comfortable in the morning but notice increasing stiffness later in the day.

That changing pattern is one of the reasons people involved in car accidents in Ballymena can sometimes be uncertain about whether what they are experiencing is typical.


Road Traffic Accidents Around Ballymena

 

Ballymena is a busy regional town, with local traffic mixing with commuters, shoppers and vehicles travelling through the wider Mid and East Antrim area.

Accidents can occur in many different circumstances, including rear-end collisions in queues of traffic, impacts at junctions and roundabouts, collisions while changing lanes and accidents in supermarket or retail car parks.

Not every accident involves high speed.

A low-speed rear-end collision or car park impact can still cause sudden movement of the head and neck. Sometimes the visible damage to the vehicle may appear relatively limited, yet the occupants can experience pain or stiffness afterwards.

Vehicle damage and physical injury do not necessarily develop in exactly the same way.


How Neck Pain Can Affect Everyday Life

 

Neck pain following a road traffic accident can interfere with everyday activities in ways that may initially seem minor but become increasingly frustrating.

Driving is a common example. Someone who normally drives around Ballymena or travels between towns for work may find that checking mirrors or looking over their shoulder becomes uncomfortable.

Working at a desk or computer can also aggravate stiffness, particularly where someone remains in the same position for long periods.

Sleep can be affected if turning the head or lying in a particular position causes discomfort.

People who are physically active at work may notice difficulty lifting, bending or carrying out tasks that previously caused them no difficulty.

For others, the impact is less physical. They may feel more cautious when driving, particularly when approaching the location where the accident occurred or when sitting in slow-moving traffic.


Should You Keep a Record of Neck Pain After an Accident?

 

It can be useful to keep a straightforward record of symptoms following a road traffic accident.

This might include when the pain first developed, whether it has improved or worsened and how it affects ordinary activities such as work, driving, sleeping or looking after children.

Medical attendance and treatment should also be documented.

A clear record can make it easier to explain what has happened to a GP, physiotherapist, solicitor or other professional at a later stage.

It is particularly useful where symptoms were delayed or changed during the days and weeks following the accident.


Can You Make a Claim for Neck Pain After a Car Accident in Ballymena?

 

Whether a person can pursue a personal injury claim will depend on the circumstances of the accident, including how it happened and who was responsible.

Neck pain and whiplash are frequently encountered in road traffic accident claims, but every case has to be considered on its own facts.

The nature of the injury, the medical evidence, how long symptoms persist and the effect they have on everyday life can all be relevant when a claim is being considered.

Liability is also important. Even where the symptoms themselves are straightforward, there may be a dispute about how the collision occurred or who was responsible.


What If You Said You Were Fine at the Scene?

 

It is not unusual for someone to say that they are fine immediately following an accident and later develop neck pain.

People can feel shaken after a collision and may genuinely believe at the time that they have not been injured.

Symptoms such as stiffness, soreness and restricted movement can develop later.

From a legal perspective, what was said at the roadside is only one part of the overall evidence. The subsequent development of symptoms, medical records and the circumstances of the accident may also be relevant.

This is something we encounter regularly when dealing with road traffic accident claims.


When Should You Seek Medical Advice?

 

If you develop neck pain or other symptoms after a road traffic accident, it is sensible to seek appropriate medical advice where required.

Medical professionals can assess the symptoms and advise on treatment or further investigation.

Seeking medical attention also creates a contemporaneous record of the symptoms being experienced and when they were reported.

Where symptoms are severe, unusual or getting worse, medical advice should not be delayed.


Speaking to a Solicitor After a Car Accident in Ballymena

 

Neck pain following a road traffic accident can leave people unsure about what has happened, whether their symptoms are typical and what they should do next.

Some people simply want to understand the claims process. Others may want advice about liability, vehicle damage, insurance issues or whether a personal injury claim should be considered.

Lacey Solicitors acts in road traffic accident matters across Northern Ireland, including Ballymena and the wider Mid and East Antrim area with Ruaidhri Austin being a resident of Ballymena himself.

 

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

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.


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