Motorcycle Accident Claim Ireland: IRB Process, Compensation & Your Rights

In 2025, 30 motorcyclists died on Irish roads—the highest toll since 2007. If you were injured in a motorcycle accident in Ireland that was not your fault, you can claim compensation through the Injuries Resolution Board (IRB, formerly PIAB). [1] The process typically takes 9–15 months. You have two years from the accident date (or date of knowledge for latent injuries) under the Statute of Limitations 1957. [2] For hit-and-run or uninsured driver crashes, the Motor Insurers' Bureau of Ireland (MIBI) handles your claim—but you must notify them formally. [3]

The IRB 9-Stage Process: The 90-Day Consent Window Explained

Motorcycle accident claims in Ireland must go through the Injuries Resolution Board (IRB) before court proceedings, with limited exceptions. The IRB—formerly known as the Personal Injuries Assessment Board (PIAB) until 2023—assesses compensation independently. The critical period is the 90-Day Consent Window: after you submit your IRB application, the respondent (usually an insurer) has exactly 90 days to consent to the assessment process. [1] This window determines your claim's path.

This is what happens at each stage:

In our experience handling motorcycle claims, the 90-Day Consent Window often catches claimants off guard. Insurers sometimes delay consent until day 89, which can feel like nothing is happening. This is normal. Gary Matthews Solicitors' review of recent cases shows that late consent is a common tactic and does not indicate claim weakness.

The Defence Medical Examination: Your Rights

Once you file a claim, the respondent's insurer will arrange an independent medical examination—sometimes called a defence medical examination (DME). This is a medical professional selected and paid for by the insurer, not a neutral party. Understanding your rights avoids unnecessary anxiety:

• You must attend the insurer-arranged DME. Failure to attend can delay or prejudice your claim.
• IRB examination is different: You are not legally obliged to attend the IRB's own panel doctor under the Personal Injuries Assessment Board Act 2003. You can provide your own comprehensive medical reports instead—though attending their doctor often speeds up the process.
• No invasive tests required: You cannot be compelled to undergo X-rays, CT scans, blood tests, or other invasive procedures at the DME. If asked, politely decline and refer to your solicitor.
• Report access: You are not entitled to see the insurer's medical report until the IRB assessment is issued or your case is listed for court hearing.

The trade-off with attending unprepared is that inconsistent accounts can undermine your credibility. Review your medical history, injury timeline, and treatment dates before attending.

Critical Deadlines That Can Sink Your Claim

Three deadlines matter most for motorcycle accident claims in Ireland: the Section 8 letter (1 month), the limitation period (2 years), and MIBI notification for uninsured or untraced drivers. Miss any of these, and your claim may be barred or significantly weakened.

The 1-Month Section 8 Deadline

Under the Civil Liability and Courts Act 2004, you must send a Section 8 notification letter to the respondent within one month of the accident. [5] Many solicitor websites still incorrectly cite the old two-month deadline from earlier legislation. Missing this deadline does not bar your claim entirely, but the court "shall" draw adverse inferences and may impose cost penalties.

The 2-Year Limitation Period (and the Date of Knowledge Exception)

The Statute of Limitations 1957 sets a two-year deadline for personal injury claims in Ireland. [2] However, this runs from the date of knowledge, not necessarily the accident date. Under Section 2 of the Statute of Limitations (Amendment) Act 1991, [8] if your injury was latent—for example, hearing damage from prolonged helmet impact or slowly-developing spinal issues—the two-year clock starts when you knew (or reasonably should have known) that:

• You had a significant injury
• The injury was attributable to the accident
• The injury was caused by the respondent's negligence

For minors, the limitation period does not begin until their 18th birthday, giving them until age 20 to claim.

The trade-off with waiting for maximum medical recovery before claiming is that memories fade, witnesses become harder to trace, and CCTV gets deleted. In most cases, starting the IRB process early while continuing treatment is preferable to waiting for a "final" prognosis that may never come.

Filtering and Lane Splitting: The Hogan Precedent

Lane filtering—moving between stationary or slow-moving traffic—is not illegal in Ireland, but liability in filtering accidents can fall heavily on the rider. The 2023 High Court judgment in Hogan v McLoughlin [2023] IEHC 704 [9] clarified how Irish courts apportion liability in filtering accidents. This is distinct from overtaking accidents—for junction and roundabout collisions, see our road users hub.

In Hogan, a motorcyclist was filtering in a bus lane past stationary traffic when a driver turned across his path. The court found the motorcyclist 75% liable and the driver 25% liable. The motorcyclist was found primarily at fault because he was travelling in a bus lane without entitlement and his positioning close to stationary traffic obscured him from the driver's view. The court accepted that if the motorcyclist had been travelling at an appropriate speed and position, he should have been able to stop safely. This case is a warning: filtering motorcyclists can be found primarily responsible for collisions.

What affects liability in filtering accidents:

According to the RSA's 2024 collision data, 27% of motorcyclist fatalities occurred at junctions—precisely where filtering accidents are most common. [6]

MIBI Claims: Hit-and-Run and Uninsured Drivers

If the at-fault driver was uninsured, untraced (hit-and-run), or had no valid policy, the Motor Insurers' Bureau of Ireland (MIBI) compensates you instead. The MIBI Agreement 2009 sets strict notification requirements. [3] For a detailed breakdown of uninsured driver claims, see our comprehensive uninsured driver claims guide.

MIBI Notification Requirements

You must formally notify MIBI using their claim form or online form. A completed, signed form counts as notification. For untraced vehicles (hit-and-run), you must also make yourself available for interview within 30 days of your IRB application. [3]

Property Damage: The Hidden Exclusion

For untraced drivers (hit-and-run where you cannot identify the vehicle), MIBI only covers property damage if you had a hospital inpatient stay of five or more days and you pay a €500 excess. [3] If the driver was identified but uninsured, both personal injury and property damage can be claimed without this restriction.

Diesel Spills and Road Defects: Council vs MIBI

Diesel spill motorcycle claims in Ireland go to MIBI, not the local council—this distinction catches many motorcyclists by surprise. A pothole claim goes to the local authority, but a diesel spill claim routes through MIBI because it was caused by negligent use of a vehicle.

When you crash due to a diesel or oil spill on the road, the substance almost certainly came from a vehicle (overfilled tank, loose fuel cap, leaking truck). Under Quinlivan v MIBI [2021] IEHC 472, [10] proving "negligent use of a vehicle" is required. Since the vehicle is usually long gone, the claim routes through MIBI's untraced driver protocol.

Evidence needed for diesel spill claims:

• Photographs of the spill (the "rainbow sheen" pattern)
• Garda report (critical—report immediately before the road is cleaned)
• Witness statements about any vehicles that passed recently
• Road surface friction analysis (if possible)

For road defects like potholes or loose chippings, the claim goes against the local authority. Local authorities can defend based on "non-feasance" (failure to repair). But if they left loose chippings without adequate signage, that is "misfeasance" (doing the job badly), which is actionable under Flynn v South Tipperary County Council [2017] IEHC 434. [11]

Claiming for Helmet and Gear: Defeating the Betterment Argument

You can claim the full replacement cost of your helmet and protective gear—not a depreciated value—because safety equipment cannot be safely purchased second-hand. Insurers often apply "betterment" or "wear and tear" deductions, offering €200 for a €600 jacket because it is two years old. [12]

The legal counter-argument rests on the principle of restitutio in integrum (restoring you to your pre-accident state). A helmet is designed for one impact. Even a drop from waist height can compromise the EPS (Expanded Polystyrene) liner. There is no safe second-hand market for motorcycle helmets. Major manufacturers (Shoei, Arai, AGV) state that any helmet involved in an impact—even without visible damage—should be replaced. The only way to restore you to your previous level of safety is to fund a new replacement.

A common issue we encounter is insurers offering "current market value" for gear that has no safe resale market. Based on Gary Matthews' experience handling motorcycle claims in Dublin, safety-critical equipment is not like a car part that can be repaired. It must be replaced new.

Claiming for Your Motorcycle: Valuation, Modifications, and Finance

Your motorcycle itself is claimable as special damages—either repair costs or total loss value. However, motorcycle valuations are frequently disputed, and insurers often undervalue bikes or refuse to cover modifications. Understanding how to challenge these decisions can add thousands to your claim.

Bike Valuation Disputes: Challenging a Low Offer

When your motorcycle is written off, the insurer offers "pre-accident market value"—what your bike was worth immediately before the crash. This is not what you paid for it, and it is not the replacement cost. Insurers typically use trade guides (Glass's, CAP) which often undervalue motorcycles, particularly older or less common models.

You can dispute a low valuation by providing:

• Comparable sale listings—similar bikes currently advertised on DoneDeal, Adverts.ie, or dealer sites at higher prices
• Recent service history—evidence of good maintenance increases value
• Low mileage documentation—if your bike had unusually low miles for its age
• Condition photographs—if you have pre-accident photos showing excellent condition

The principle is the same as for gear: you are entitled to be restored to your pre-accident position. If the insurer's offer would not buy an equivalent bike, challenge it with evidence. Gary Matthews Solicitors' experience with motorcycle write-offs shows that initial offers are often 15-25% below true market value—persistence pays.

Aftermarket Parts and Modifications

Aftermarket exhausts, suspension upgrades, crash bungs, heated grips, top boxes, and other modifications are claimable—but only if you can prove their value. Insurers will not simply accept your word that you fitted a €1,200 Akrapovič exhaust.

To recover modification costs:

• Receipts are ideal—keep all invoices for parts and fitting
• Bank/card statements—if receipts are lost, transaction records help
• Photographs—pre-accident photos showing the modifications installed
• Current retail prices—if you cannot prove what you paid, document current replacement cost

One issue we see: insurers arguing that modifications did not increase the bike's market value. This misses the point. Under restitutio in integrum, you are entitled to recover the cost of restoring your bike to its pre-accident state—including the modifications that were on it.

Finance and HP: What If You Still Owe Money?

If your motorcycle was on hire purchase (HP) or PCP finance and it is written off, the insurer pays the finance company first—not you. The finance company holds legal title until the final payment, so they are the "owner" for insurance purposes.

This creates a potential shortfall:

• You owe €8,000 on finance
• Insurer values bike at €6,500
• Finance company receives €6,500
• You still owe €1,500 with no bike

You can claim this €1,500 shortfall as part of your special damages against the at-fault party. The negligent driver's actions caused your financial loss—the fact that your own insurer will not cover it does not mean you cannot recover it from the person who caused the accident.

GAP insurance covers this shortfall automatically if you have it. If you do not, include the finance shortfall in your claim for special damages.

Hire Bike and Credit Hire While Yours Is Repaired

If your motorcycle is being repaired rather than written off, you may be entitled to a hire bike for the repair period. Alternatively, if you need transport and cannot ride, you can claim alternative transport costs.

The key principles:

• Mitigation duty—you must take reasonable steps to minimise your loss. If the repair takes 3 weeks, hiring a bike for 3 weeks is reasonable. Hiring for 3 months while you "shop around" is not.
• Like-for-like—you can hire an equivalent bike, not a more expensive upgrade. A 600cc sports bike does not entitle you to hire a 1000cc superbike.
• Credit hire vs self-hire—credit hire companies provide a bike and bill the insurer directly. Rates are higher than self-hire. Insurers often dispute credit hire costs, but Irish courts have generally accepted reasonable credit hire where the claimant could not afford to pay upfront.
• Public transport alternative—if you used your bike for commuting, you can claim bus/train fares instead of hire costs if that is more practical.

Document your transport needs: if the bike was your only vehicle and you needed it daily, that strengthens your claim for hire costs.

Motorcycle-Specific Injuries and Compensation Brackets

Motorcyclists suffer different injuries than car occupants, and the Personal Injuries Guidelines recognise specific categories for these injuries. [4] Unlike car crashes where whiplash dominates, motorcycle accidents commonly cause brachial plexus injuries ("biker's arm"), road rash requiring skin grafts, and degloving injuries. For more on head and brain injuries from motorcycle crashes, see our head injury claims guide.

Loss of riding amenity: If your injuries prevent you from ever riding again—or make riding painful or frightening—you can claim for "loss of amenity" beyond general PTSD compensation. This recognises that motorcycling is a specific life pleasure that has been permanently taken from you. Courts assess this alongside general damages for psychological injury, considering factors like how central riding was to your lifestyle and social activities.

Note: These figures are indicative. Actual awards depend on individual circumstances. The Personal Injuries Guidelines replaced the Book of Quantum in April 2021 and generally reduced awards for minor injuries while maintaining levels for severe injuries.

For multiple injuries, the IRB uses a "dominant injury plus uplift" methodology—they do not simply add the individual bracket values together. This leads to the question of how compensation is calculated in practice.

Evidence Checklist: What to Gather Immediately

Evidence quality often determines claim success in Ireland. Motorcycle accidents require specific documentation that differs from car accidents. We call this the First-48 Protocol—the critical 48-hour window where most perishable evidence can still be preserved. Follow the First-48 Protocol to maximise your claim's strength.

What If You Were Partly at Fault?

Contributory negligence reduces your compensation but does not eliminate your claim in Ireland. Under the Civil Liability Act 1961, [14] damages are reduced in proportion to your degree of fault.

Common contributory negligence arguments in motorcycle claims:

The helmet question: If you were not wearing a helmet (or it was unfastened) and you suffered a head injury, your compensation can be reduced. If your injuries were to your legs or torso and would have occurred regardless of helmet use, the reduction should not apply—causation must be proven. The English case Smith v Finch [2009] EWHC 53 (QB) [15] is persuasive authority in Irish courts on this point.

Pillion Passenger Claims

A pillion passenger (motorcycle passenger) is almost never at fault for an accident. If the accident was caused by the rider (pilot), the pillion claims against the rider's insurance. If it was a third party's fault, they claim against the third party's insurer.

Under the Civil Liability Act 1961, pillion passengers are owed the same duty of care as any other road user. [14]

Do You Need a Solicitor? Honest Assessment

You do not legally need a solicitor to make an IRB claim—the system was designed for claimants to apply without legal representation. Solicitor fees are not recoverable from your IRB assessment; you pay from your own pocket or from your award. [1]

Consider a solicitor when:

• Liability is disputed (the other side blames you)
• Injuries are severe or complex (surgery required, permanent effects)
• You plan to reject the IRB assessment and go to court
• MIBI is involved (strict procedural requirements)
• Road defect or diesel spill (complex causation)
• Multiple respondents (more than one party at fault)

Consider self-representation when:

• Liability is clear and admitted
• Injuries are straightforward soft tissue
• You are comfortable navigating the IRB forms
• The claim value is modest relative to potential legal fees

A common issue we encounter is claimants who instruct a solicitor for a simple claim and then lose a significant portion of their award to legal fees. Gary Matthews Solicitors' analysis of IRB outcomes shows that for straightforward cases, the IRB helpdesk provides sufficient guidance for self-representation. Once you receive your IRB assessment, you'll face the decision of whether to accept, reject, or request mediation.

Interim Payments: Money Before Final Settlement

If you've suffered catastrophic injuries—amputation, spinal cord damage, severe brain injury—and liability has been admitted, you may be able to obtain an interim payment before final settlement. This is partial compensation paid while your case is ongoing, not a loan.

While there's no explicit statutory provision in Irish rules of court, interim payments are made in practice in High Court cases where liability is clear. They can fund:

• Prosthetics, wheelchairs, and mobility equipment
• Home adaptations (ramps, stairlifts, accessible bathrooms)
• Private rehabilitation and specialist physiotherapy
• Care costs while awaiting final settlement

Interim payments are most relevant when your injuries require immediate, expensive intervention and you cannot wait 2-3 years for court proceedings to conclude. Your solicitor applies to the court; the respondent's insurer then pays a portion of the expected award upfront.

References

All sources accessed January 2025 unless otherwise noted.

1. Injuries Resolution Board (IRB), Making a Claim, injuries.ie (2025).
2. Statute of Limitations 1957, Irish Statute Book.
3. Motor Insurers' Bureau of Ireland, MIBI Agreement 2009, mibi.ie.
4. Judicial Council, Personal Injuries Guidelines (Second Edition), judicialcouncil.ie (2024).
5. Civil Liability and Courts Act 2004, Section 8, Irish Statute Book.
6. Road Safety Authority, Motorcyclist Safety, rsa.ie (2025).
7. Injuries Resolution Board, Mediation Service for RTA Claims, injuries.ie (December 2024).
8. Statute of Limitations (Amendment) Act 1991, Section 2, Irish Statute Book.
9. Hogan v McLoughlin [2023] IEHC 704, High Court of Ireland.
10. Quinlivan v MIBI [2021] IEHC 472, High Court of Ireland.
11. Flynn v South Tipperary County Council [2017] IEHC 434, High Court of Ireland.
12. White Dalton Motorcycle Solicitors, Compensation for Motorcycle Gear (2018).
13. Data Protection Commission, Right of Access (DSAR), dataprotection.ie (2024).
14. Civil Liability Act 1961, Irish Statute Book.
15. Smith v Finch [2009] EWHC 53 (QB), England and Wales High Court (persuasive authority in Ireland).
16. Injuries Resolution Board, Annual Report 2024, injuries.ie (2025).