Road Traffic Accidents*

If you sustain an injury as a result of a road traffic accident you may be entitled to compensation for the accident if the accident was not your fault.

What should I do if I have been involved in a Road Traffic Accident

Ensure that you and anyone else involved in the accident are ok. Contact the emergency services and seek the necessary medical treatment for anyone injuries, if necessary.

  1. Remain at the scene, 
  2. Report the matter promptly to the Gardai and 
  3. Exchange the necessary insurance details.
  4. Contact our specialist solicitors even if you think you may be partly to blame for the accident

Do not move vehicles

After an accident it is recommended that the vehicles are not moved. This is not always possible of practical. If you feel it necessary to move your vehicle or if another party attempts to move theirs it is always wise to take good photographs of the vehicles, any damage to the vehicles and the general location. It is also useful to take a photograph of the insurance disc on the windscreen.

Do not accept offers from the Insurance Company for compensation

After an accident Insurance companies frequently contact the parties directly and make an early offer of compensation. We always advise against accepting such offers. It is normally too early to assess the extent of any injury and the rate of recovery or indeed the rate of deterioration can be impossible to tell. If accepted, these settlements are binding and cannot be revisited .It is therefore essential that you would seek and obtain proper legal advice before considering any offer made directly by an insurance company.

How much compensation can I expect?

The amount of any award or settlement depends on the preparation  and expertise brought to the case by your solicitor. We at P.A. Dorrian & Co., have an established track record in optimizing the potential of any personal injuries claim. No case is too big, or too small. The value of a case can be positively affected by our attention to detail and rigorous recruitment of the relevant technical and medical professionals.

What is PIAB?  – The Personal Injuries Assessment Board

Most personal injuries cases must firstly be submitted to the Personal Injuries Assessment Board (Often referred to as PIAB). This procedure was introduced in 2004 and is designed to value and compensate for non-contentious personal injuries actions. In a suitable case, the injury will be assessed by PIAB and thereafter an assessment in the calculated amount will issue. Broadly speaking, in the absence of agreement PIAB will not proceed to assess the claim if the injuries are of a very complicated nature or where liability cannot be determined. There are some exceptions particularly where there is incomplete participation. It is therefore vital that comprehensive legal advice be obtained early in the process. 

Where the parties consent to an assessment or those on notice of an application to the board, fail to respond within a specified time the board will proceed to assess the claim. In certain instances, including where the injuries are of a complicated nature the board may none the less refuse to assess the claim. There are time limits to be observed in this process and early, comprehensive legal advice can only be of assistance.

My injuries are severe and the PIAB Assessment is too low?

If consent to assessment or agreement cannot be reached then the case goes to court in the normal way. Usually almost a year will have passed by this time. Each case has its own unique factors and the value of the case is dependent upon the extent of the injury and the enduring nature of the injury. Again, ongoing attention and access to the appropriate legal and medical advice is essential. There are other factors that must be assessed such as any resulting financial loss to the client. In cases involving complicated or far-reaching injuries this can become the single largest element of damages.

At P.A. Dorrian & Co we endeavor to achieve the highest possible assessment or award in every case. Our solicitors are available out of hours and the numbers are available on this website.    

Cost and Payment – No Foal No Fee

In most road accidents we at PA Dorrian & Co are prepared to deal with the case on what is known as “no foal no fee”. This means that the solicitors are successful only if the client wins the case. There may be some items of outlay which must be borne by the client but these are clearly explained. This might for example be a specialist medical or technical report which arises in the course of the case. These matters are always fully explained and agreed. Overall however no foal no fee means that the solicitors will make the journey with the client and legal costs being dependent on a positive outcome. This is agreed and assured to the client at the beginning of the case.

We at P.A. Dorrian & Co., have an established track record in optimizing the potential of any personal injuries claim. Contact our specialist solicitors on 074 9361331 or 074 911999.

What can I claim in an accident?

Personal injuries any other loss arising from the accident can be recovered in a claim.

Ultimately compensation is based on general and special damages;

General damages are broadly compensation for the pain and suffering suffered in the accident.

General damages can include:

  • Physical pain and suffering
  • Mental pain and anguish
  • Physical impairment
  • Loss of ability to perform certain functions
  • Los of quality of life
  • Loss of consortium (compensation for sexual dysfunction/loss of a partner or spouse due to an accident)

… and other ancillary matters should also be included in your claim.

Special damages are calculable amounts which the claimant has lost as a result of the accident.

Special damages can include items such as:

  • Damage to the vehicle involved in the accident (Car, Motorbike, Van, Lorry, Bus)
  • Damage or loss of personal property (mobile phone, clothing, jewellery, glasses …)
  • Loss of earnings to include current and future loss of earnings
  • Cost of Care (in the case of catastrophic injury)
  • Costs of adapting home or car
  • Medical expenses to include GP consultations, Emergency Department Charges, Ambulance Charges,  physiotherapy, counselling, talk therapy, medication, MRI Scans, X–rays, medical devices etc
  • Future medical expenses
  • Fire Service Charges
  • Travelling expenses to and from all medical appointments

… and other ancillary matters should also be included in your claim.

At P.A. Dorrian & Co we care about our clients. We ensure all losses are properly documented so our clients are fully compensated. We endeavor to achieve the highest possible assessment of compensation in each and every case.

Can passengers in a vehicle make a claim for compensation?

Passengers in a vehicle which has been involved in an accident can pursue a claim for compensation from either the driver of the other vehicle or the driver of the vehicle which they are travelling or both. Compensation is claimed from their insurance company and not them personally.

The accident is my fault – can I claim & can my passengers claim and my children claim?

If you are the driver and the accident is your fault clearly you have no cause of action. However any other person in the vehicle including family members and children are free to take an action against the drivers insurance regardless of the relationship to the driver.

The other vehicle wasn’t insured – do I have a claim?

The Motor Insurers’ Bureau of Ireland (MIBI) is a body designed to protect parties injured in accidents under circumstances where the person at fault is not insured. This organization broadly operates in the same way as an insurance company and the cause of action lies therefore against the driver of the vehicle and the MIBI.

If you have been involved in an accident where you are not insured the MIBI will take over responsibility for the claim and legal proceedings however will look to the uninsured driver to recover any monies paid out by them.

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