What to do if you've been in a Car Accident in Ireland
A car accident can be a stressful and traumatic experience, and unfortunately, it is a common occurrence on Irish roads. In fact, road traffic accident claims are the most common type of Personal Injury Claim in Ireland.
Knowing what to do should you get into a road traffic accident is important to ensure the best possible outcome. Not only is it vital for everyone’s safety, it can also help you minimise financial losses and/or maximise your payout, should you choose to make a claim afterwards.
What to do at the scene of a car accident
If you find yourself involved in a car accident, first things first, take a deep breath and try to remain calm. Stop your vehicle as soon as possible, turn off the engine and check everyone for injuries. If there are any, call an ambulance and the Gardaí, no matter how minor they seem. You should also call the Gardaí if your car is blocking the road.
Depending on the circumstances of the accident, you will have certain legal obligations. For example, you must stay at the scene of the accident for a reasonable period of time. You must also provide your information (name, address, motor insurance policy, etc) to the Garda (if present) or any other person who’s involved or their property has been damaged. These obligations are outlined in the Road Traffic Act.
Here are some other things that are advisable to do:
- Keep injured people warm, and don’t attempt to move them unless there is a safety risk.
- Take photographs of the scene from different angles with your mobile phone before moving your vehicle.
- Move your vehicle out of the way of oncoming traffic if it is safe to, so as to not cause another accident. If the collision is serious, you should not move your vehicle at all.
- Warn other drivers by turning on your hazard lights, or set up a warning triangle, if you have one.
- Take photos of any injuries sustained.
- Exchange personal & insurance details with any other people involved in the collision. If there are witnesses, you should get their details too.
- Get the name and/or number of the Garda to whom the accident is reported.If the accident is minor, Gardaí may not attend the scene. In this case, you should visit your nearest Garda station to report the accident. You may need to ensure a Garda report has been filed for insurance purposes.
- Stick to the facts. Do not get involved in conversations expressing opinions, and do not admit liability. It’s better to discuss these things with Gardaí, your insurance company or a legal professional sometime afterwards, when you’re feeling calm.
What to do after a car accident
Seek Medical Advice
Afterwards, make sure to seek medical attention, even if you feel fine – some injuries may not be immediately apparent. Be sure to keep a record of all GP visits, treatments & expenses, including vehicle repairs. You should also notify your insurance company about the accident as soon as you can.
Keep a Record
Write down everything that happened as soon as you are able to. Sign and date this account and keep it safe – important details may become fuzzy as time passes. Having this record to refer back to could prove to be vital if there’s a liability dispute later on. Some things you should note down, if you can remember: speed of vehicles involved, visibility, road surface & weather conditions.
Gather Relevant Information
If you decide to file a claim, you should gather as much relevant information as possible, such as witness testimonies, Garda reports, and any CCTV or dash cam footage. The more ‘evidence’ you have, the stronger your case will be.
Should I make a Personal Injury Claim?
If you’ve been injured in a car accident (as a driver, passenger, cyclist or pedestrian) and you were not at fault, you may wish to file a claim to seek compensation for personal injuries and any expenses incurred. Both physical and psychological injuries can be considered. To be eligible to file a claim, the accident must have been caused by another party’s negligence. The claim is filed against the person responsible, but usually their insurance company will handle the case. You should begin the claim process within 2 years of the date of the accident. After 2 years your claim will be statute barred which will mean you cannot then make a claim afterwards, so it is imperative that you always make your claim within the 2 year time limit.
In the case of foreign drivers in Ireland and uninsured and unidentified cars, all is not lost. MIBI, being the Motor Insurance Bureau of Ireland, will deal with your claim as if the uninsured driver has insurance. You can make enquiries through your Solicitor on the best way to move forward in such a situation.
Before submitting a claim or accepting any settlement offer, you should consult with a Personal Injury Solicitor, who can advise you and ensure you get the best possible compensation. Working with a legal professional who’s experienced in Personal Injury matters gives you the best chance of a successful claim with minimal delays, allowing you to focus on your recovery.
If you have been in a car accident and are considering filing a personal injury claim, don’t delay in contacting us. We are Wilson Daly Solicitors, based in Cork.
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