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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