Time Limit Car Accident Claim Ireland — The Two-Year Rule Explained
Voice search summary
Most car accident injury claims in Ireland must start within two years of your date of knowledge. A compliant IRB application pauses time and keeps it paused until six months after authorisation. Different clocks apply for children and fatal injuries.
Short answer: You generally have two years to start an injury claim after a crash in Ireland, counted from your date of knowledge. A complete application to the Injuries Resolution Board (IRB) pauses time until six months after authorisation. Send a letter of claim within one month to protect your position. Sources: Civil Liability & Courts Act 2004, s.7; PIAB Act 2003, s.50; s.8.
Supreme Court upholds Personal Injuries Guidelines (Delaney v PIAB, 2024) — quantum only; timetable unchanged. PIAB is now the IRB (14 Dec 2023). See courts.ie Judgments and injuries.ie.
s.7 Civil Liability & Courts Act 2004 (two-year limit) · s.50 PIAB Act 2003 (IRB pause) · s.8 Civil Liability & Courts Act 2004 (one-month letter) · s.48 Civil Liability Act 1961 (fatal injuries) · s.11 Statute of Limitations 1957 (property-only).
Issue a letter of claim within one month (s.8). Get a GP note early. Keep receipts and any Garda PULSE number. Start your IRB pack once you have a medical report.
Two-year limit: runs from date of knowledge (not always the crash date). IRB pause: from IRB receipt of a complete application until six months after authorisation. Children: time runs from 18. Fatal: two years from death or the representative's knowledge.
| Item | Why it matters | Tip |
|---|---|---|
| GP/A&E notes | Fixes the date you linked injury to crash. | Request early; keep copies. |
| Letter of claim | Reduces costs risk (s.8). | Send within one month. |
| IRB Form A + med report | Needed to engage s.50 pause. | File a complete pack. |
| Garda PULSE reference | Supports liability; helps MIBI. | Report promptly. |
| IRB authorisation letter | Starts your six-month tail. | Diary the date. |
Clock pauses on the IRB receipt date of a complete application and restarts six months after authorisation. Count days used before IRB; add the unused balance after that tail. Keep the IRB acknowledgement and authorisation letters.
Time limit car accident claim Ireland: the two-year rule
You usually have two years to sue. The clock runs from your date of knowledge: when you knew you were injured, it mattered, and who likely caused it. Read s.7 (2004) and the 1991 amendments.
One-month letter of claim
Serve written notice on the alleged wrongdoer within one month. Late notice can carry costs penalties, even if your case is in time. See s.8 (2004) and guidance from the Law Society.
Special clocks
Minors: time is deferred until 18; a parent can act sooner as "next friend." Fatal injuries: two years from death or the representative's knowledge (s.48). Property-only: generally six years (s.11).
How the Injuries Resolution Board (IRB) pauses your deadline
When the IRB receives a complete application, the limitation period is paused from that date until six months after authorisation. That is the "s.50 pause." See PIAB Act 2003, s.50 and injuries.ie.
Time-limit calculator (guidance only)
Estimate your last day to issue if you used the IRB pause.
A worked timeline
Crash on 10 Jan 2025; neck pain the same day. Date of knowledge = 10 Jan 2025. IRB receives a complete application on 15 Mar 2025. Authorisation issues 1 Nov 2025. Time runs 10 Jan → 15 Mar (64 days). It pauses, then resumes six months after authorisation (1 May 2026) with your unused balance (two years minus 64 days). Authority: s.50.
Evidence matrix: proving your "date of knowledge"
| Proof | Why it matters | Where to get it | When |
|---|---|---|---|
| GP or A&E notes | Show when symptoms were linked to the crash. | Your GP or hospital records office. | Within weeks. |
| Consultant report | Often fixes the "knowledge" date. | Consultant clinic. | After investigations. |
| Letter of claim | Mitigates s.8 costs risk. | Solicitor file / proof of postage. | Within one month. |
| IRB ack & authorisation | Proves pause and six-month tail. | IRB correspondence. | Keep originals. |
| Garda report (PULSE) | Supports liability / MIBI. | Your Garda station. | Promptly. |
Medical evidence that affects the clock
Courts look at when you reasonably knew you had a significant injury that was likely caused by the crash. A final consultant report can set that date; a preliminary note may not. Keep both and act once the link is clear.
Contributory negligence (seatbelts, speed, mobile use)
Contributory negligence does not extend your time limit, but it can reduce damages. Typical issues include seatbelt non-use, speeding, and phone distraction. Record your version early and avoid statements that overreach.
Local spotlight: timing quirks Dublin claimants notice
Dublin corridors have rich CCTV sources (Luas, bus lanes, retail fronts). Many systems overwrite in days. Move early on data requests and serve your s.8 letter fast to keep footage in play.
Uninsured or hit-and-run drivers (MIBI)
If the liable driver is uninsured or untraced, claims go to the Motor Insurers' Bureau of Ireland (MIBI). MIBI advises prompt notice. Your injury limitation is still two years; property-only claims usually have six (1957 Act).
Case-law capsules (recent)
Anglade v Transdev Dublin Light Rail Ltd & Ors — High Court 2024
Holding: Date of knowledge is about reasonable awareness of injury and likely cause, not perfect certainty. Use: act once the link is clear; do not wait for "ideal" proof. For official texts, search the neutral citation at courts.ie/judgments.
Court of Appeal — final expert report as the trigger
Point: In some cases the clock ran from receipt of a definitive consultant report, not an earlier preliminary note. Use: keep both; timing can turn on the wording of the final report.
Quick answers you can trust
What is the time limit to make a motor injury claim?
Two years from your date of knowledge. See s.7 (2004).
Does an IRB application stop the clock?
Yes. The s.50 pause runs to six months after authorisation. See s.50 (2003).
Do I still need a letter of claim?
Yes. Serve it within one month or risk costs penalties later. See s.8.
How do time limits work for children?
The clock starts at 18. A parent may sue earlier as next friend. See the 1991 amendments and practice guidance.
What if the driver fled the scene?
Notify MIBI and Gardaí fast. MIBI claims still track the two-year injury limit; property claims have six years. See MIBI.
Property damage only?
Six years in general. Different rule under the 1957 Act.
Common questions around time limits (Tiered answers)
Does the two-year period always run from the crash date?
Answer: Not always. It runs from your date of knowledge.
- Knowledge needs injury + significance + likely causation.
- It can be the crash date or later, based on the evidence.
- Keep GP and consultant notes to prove timing.
Why it matters: It can save a claim that seems out of time from the crash date.
Next step: Gather records and serve the s.8 letter promptly. Sources: s.7, courts.ie (search judgments).
Can a final expert report set the date of knowledge?
Answer: Sometimes, yes. Courts have used the definitive report as the trigger.
- Preliminary notes may be too uncertain.
- Definitive reports can fix the clock.
- Act as soon as the link is reasonably clear.
Why it matters: It can shift the deadline later for late-emerging injuries.
Next step: Request full hospital/consultant records. Sources: courts.ie, s.7 (2004).
What if I applied to IRB late in my two years?
Answer: A complete application still pauses time.
- Pause begins on IRB receipt of a complete pack.
- Tail lasts six months after authorisation.
- Add unused days after the tail date.
Why it matters: It creates breathing room if assessment is rejected.
Next step: Track dates; keep the IRB ack and authorisation. Sources: s.50, injuries.ie.
Do I have to send a s.8 letter if liability is obvious?
Answer: Yes. The rule still applies.
- Courts may penalise late letters on costs.
- Notice helps preserve CCTV and witness contact.
- Keep proof of service (registered post or email read receipt).
Why it matters: It protects your costs position.
Next step: Send within one month. Sources: s.8 (2004), Law Society.
How do time limits work for children?
Answer: Time is deferred until 18.
- A parent/guardian can sue earlier as next friend.
- Medical notes still matter to prove knowledge.
- Courts approve minor settlements.
Why it matters: You have more time, but evidence fades.
Next step: Keep records; consider acting sooner. Sources: 1991 amendments, courts.ie (Circuit Court info).
Does contributory negligence affect the limit?
Answer: No. It affects quantum, not the time limit.
- Seatbelts, speed, phone use reduce awards.
- The two-year clock still applies.
- Admit facts carefully; get advice.
Why it matters: Don't delay because you fear blame.
Next step: File IRB promptly; record your version. Sources: Civil Liability Act 1961, injuries.ie.
What if my loss is vehicle damage only?
Answer: Usually six years.
- Different statutory track applies.
- Keep repair invoices and photos.
- The IRB process is for injuries.
Why it matters: Don't confuse property rules with injury rules.
Next step: Notify the insurer quickly. Sources: s.11 (1957), Citizens Information.
Hit-and-run: do I still have two years?
Answer: Yes (injury). Use MIBI; property-only is usually six.
- Report to Gardaí; keep PULSE number.
- Notify MIBI early via their form.
- Collect CCTV fast where possible.
Why it matters: Evidence disappears quickly.
Next step: Start MIBI steps now. Sources: MIBI, Garda advice.
Glossary (short)
Date of knowledge: when you knew you were injured, it was significant, and who likely caused it. IRB authorisation: a letter that ends assessment and starts your six-month tail. Next friend: an adult who brings a case on behalf of a child.
Legal costs and compliance
Fees are regulated. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This page is general information; deadlines turn on facts and documents.
About the author
(related reading)
Process walk-through: car accident claim process. PIAB/IRB basics: PIAB / IRB guide. General rules: time limitations overview. Motor claims hub: car accident claims in Ireland.
References
- Civil Liability & Courts Act 2004, s.7 (two-year limit)
- Civil Liability & Courts Act 2004, s.8 (letter of claim)
- PIAB Act 2003, s.50 (reckoning time)
- Civil Liability Act 1961, s.48 (fatal injuries)
- Statute of Limitations 1957, s.11 (property-only)
- Injuries Resolution Board (official)
- MIBI — making a claim
- courts.ie — Judgments search
Irish motor injury claims generally face a two-year limit from your date of knowledge; a complete IRB application pauses time until six months after authorisation; minors, fatal injuries, and property-only losses follow special clocks; issue the s.8 letter within one month to manage costs risk.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
