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.
