Rental Car Accident Claim Ireland: Who Pays When You're Injured?
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •
Summary: A rental car accident claim in Ireland follows a different path from a standard motor claim. Your injury claim runs through the Injuries Resolution Board (IRB, formerly the Personal Injuries Assessment Board (PIAB) until 2023), not the rental company. Every rental car in Ireland carries mandatory unlimited third-party liability insurance under the Road Traffic Act 1961, s.56 1. Collision Damage Waivers (CDW) cover vehicle damage only. They don't cover personal injuries. Tourists can apply to the IRB remotely and do not need to stay in Ireland.
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
In short: Injured in a rental car? Your personal injury claim goes to the IRB against the at-fault party's insurer. CDW covers the car, not you. Tourists can file remotely. Two-year time limit applies. Sources: 1, 2.
Contents
Do you have a rental car accident claim?
Use this quick self-assessment to identify your likely claim route. Every situation is different, but these four questions cover the main decision points:
Four questions to answer first
Who is liable in a rental car accident in Ireland?
Liability in a rental car accident in Ireland depends on what caused the collision, not on who rented the vehicle. Under Irish law, every rental car on the road must carry third-party liability insurance with unlimited cover for personal injury, as required by the Road Traffic Act 1961, s.56. 2. This protection applies to the injured person regardless of what the rental agreement says about CDW or excess charges.
A detail that catches many claimants off guard: the rental company is almost never the party you claim against for a personal injury. Your claim targets the at-fault driver's third-party liability insurer, not the rental desk. 1
If another driver caused the collision: You claim against that driver's insurer through the IRB. The rental car's own insurance is irrelevant to your personal injury claim.
If the rental vehicle had a defect that caused the accident: You may claim against the rental company under the Consumer Rights Act 2022 4. The company has a duty to supply a vehicle that is safe and fit for purpose.
If you caused the accident: You cannot claim for your own injuries. The other party (if any) can claim against the rental car's mandatory third-party insurance.
Unlike in England and Wales, where claims can proceed directly to court, in Ireland most personal injury claims must first be submitted to the IRB 1 before litigation can begin. This applies to rental car accidents just as it does to any road traffic collision.
Rental agreement clauses: which ones affect your injury claim?
People read their rental agreement after an accident and panic. Most of the clauses they worry about are irrelevant to their personal injury claim. Here's what actually matters and what doesn't:
| Clause | Affects your PI claim? | Why |
|---|---|---|
| Liability waiver or limitation | No | Mandatory third-party insurance under the Road Traffic Act 1961, s.56 cannot be contracted out of. The rental company cannot waive your right to claim against the at-fault driver's insurer. |
| CDW exclusion clause | No | CDW relates to vehicle damage only. Has no bearing on personal injury compensation. |
| Additional driver restriction | Partially | Voids optional protections (CDW, PAI) but does not void mandatory third-party cover for injured third parties. |
| Accident reporting obligation | Indirectly | A contractual duty to the rental company. Failing to report promptly may complicate the vehicle damage track but does not extinguish your personal injury rights. |
| Geographic restriction (NI travel) | No | May void CDW for undeclared cross-border travel. Mandatory third-party insurance extends across the island regardless. |
| "Agree not to sue" clause | No | Unenforceable for personal injury under Irish law. Your claim is against the at-fault driver's insurer, not the rental company. |
If both drivers were in rental cars: Both vehicles carry mandatory third-party insurance through their respective rental companies' policies. Each injured driver claims against the other's insurer through the IRB. If both are partially at fault, contributory negligence under the Civil Liability Act 1961 12 reduces each award proportionally. The rental companies' involvement is limited to vehicle damage on each side.
CDW vs personal injury claim: why they're not the same thing
Three layers that never overlap
Collision Damage Waivers (CDW) and personal injury claims are completely separate. CDW reduces or removes your liability for damage to the rental vehicle. It has nothing to do with compensation for your injuries. The confusion between these two tracks is the single biggest misconception in rental car accidents in Ireland.
Rental car "insurance" actually operates on three separate layers that never overlap:
| Layer | What it covers | Who provides it | Relevant to injury claim? |
|---|---|---|---|
| Third-party liability (mandatory) | Unlimited cover for injury to others and up to €1M property damage | Rental company's insurer (Road Traffic Act 1961 2) | Yes (this is what funds your PI claim) |
| Collision Damage Waiver (CDW/Super CDW) | Damage to the rental vehicle only. Reduces your excess (typically €2,000 to €5,000 without it) | Rental company or third-party provider | No |
| Personal Accident Insurance (PAI) | Optional. Small fixed medical expense payment to the renter | Rental company (optional add-on) | Separate from and much smaller than an IRB claim |
What CDW excess will you actually face?
The standard CDW excess varies significantly between rental companies operating in Ireland. Knowing your exposure helps you understand what Track A (vehicle damage) involves, though none of this affects your personal injury claim:
| Company | Standard CDW excess | Super CDW (reduced excess) | Approximate daily cost to reduce |
|---|---|---|---|
| Hertz Ireland | ~€2,300 | €0 to €500 | €18 to €28/day |
| Europcar Ireland | ~€2,000 | €0 to €300 | €15 to €25/day |
| Enterprise Ireland | ~€1,500 | €0 to €250 | €12 to €22/day |
| Budget Ireland | ~€1,800 | €0 to €400 | €14 to €24/day |
Excess levels vary by vehicle category and season. Always confirm at the rental desk. These figures relate to vehicle damage liability only and have nothing to do with personal injury compensation.
The IRB's 2024 data confirms that motor liability made up 69% of all claims submitted, with a median motor award of €12,541. IRB Annual Report 2024 5. Your personal injury claim falls into this category, not into the CDW/vehicle damage category that rental companies focus on at the desk.
Two tracks running at the same time
Two tracks run simultaneously after a rental car accident. They are completely independent:
Rental company charges your card for damage excess on the spot. You dispute or claim reimbursement from your CDW provider or credit card issuer. Timeline: 3 to 6 months. Outcome: refund of excess charged. Has no bearing on your injury claim.
You file Form A with the IRB against the at-fault driver's third-party insurer. Medical evidence, Garda abstract, and special damages submitted. Timeline: 9 to 14 months (IRB assessment) or 3 months (mediation). Outcome: compensation for injuries and losses. Entirely separate from the rental agreement.
Confusing these two tracks is the most common mistake after a rental collision. Settling the vehicle damage dispute with the rental company has zero effect on your personal injury entitlement, and vice versa.
Do US credit cards cover rental car insurance in Ireland?
Many standard US credit cards explicitly exclude Ireland from their CDW benefits. Even premium cards that do offer coverage in Ireland only cover vehicle damage, never personal injuries. This distinction matters because tourists who decline CDW at the rental desk and rely on their credit card still have full access to a personal injury claim through the at-fault driver's mandatory insurance.
Rental companies in Ireland typically require tourists relying on credit card CDW to present a physical letter from the card issuer, dated within 30 days of the rental, confirming valid coverage for the Republic of Ireland. Without this letter, the company will charge the in-house CDW or impose a pre-authorization hold of up to €5,000 on the card.
Credit card CDW does not equal injury protection. The same three-layer distinction applies here: whether you purchased CDW at the desk, relied on a credit card, or declined all coverage, your right to claim personal injury compensation in Ireland is the same. The personal injury claim runs against the at-fault driver's mandatory third-party liability insurance, entirely outside the rental agreement.
One aspect the official guidance does not cover: after a collision, rental companies charge the driver's card immediately for damage costs, even when the driver was not at fault. The reimbursement claim back to the credit card issuer or CDW provider is a separate process and can take three to six months. Your personal injury claim through the IRB is independent of this.
How tourists can claim remotely through the IRB
Tourists injured in rental car accidents in Ireland have the same right to claim compensation as Irish residents, and they don't need to remain in the country to do so. The IRB 1 accepts digital submissions, including e-signatures on Form A and scanned documents for medical evidence, receipts, and the Garda abstract.
The strict two-year limitation period under the Statute of Limitations 1957 13 (from the date of the accident or date of knowledge) applies equally to foreign nationals. 3 This is shorter than the three-year period that applies in England and Wales, so tourists who've read UK guidance should note Ireland's tighter deadline.
| Document | Remote submission | Notes |
|---|---|---|
| Form A (application) | Digital with e-signature | Can be completed from abroad |
| Form B (medical report) | Certified copy accepted digitally | Medical report from home country valid, subject to solicitor arrangement |
| Special damages receipts | Scanned PDFs | Include medical bills, travel disruption costs, lost holiday expenses |
| Garda abstract | Scanned PDF | Request PULSE incident number at the scene or station |
The timing matters more than most guides suggest: tourist rental car claims typically take 8 to 14 months rather than the domestic average of 11.2 months. 5 Coordinating medical evidence from a home country adds roughly two to three months to the process.
TouristSOS (touristsos.ie) is a free nationwide service for international visitors experiencing distress in Ireland, including road traffic accidents. They can help connect you with local support while your legal claim is managed remotely.
When the rental company is liable (defective vehicles)
Rental companies in Ireland owe a duty of care to supply vehicles that are safe, roadworthy, and fit for purpose under the Consumer Rights Act 2022. 4. If a mechanical defect, worn brakes, or a tyre failure caused the accident, you may claim against the rental company directly for your injuries.
Proving a defective vehicle claim requires specific evidence. An independent engineering inspection (costing roughly €1,500 to €3,000) is typically needed. The rental company's maintenance logs and pre-hire inspection records become critical. The difference between assessment and acceptance in these cases often comes down to whether the defect existed before the rental or arose from driver use.
If the vehicle had worn brakes and this caused the collision: The rental company breached its duty. Your claim targets the company as respondent in the IRB application.
If the vehicle had a tyre blowout due to inadequate maintenance: Similar to above. Photograph the tyre at the scene and request the rental company's service history immediately.
If the vehicle defect is disputed: The rental company will likely argue driver error. An independent engineer's report is essential. Without it, these claims often stall.
What if your rental car accident happened near the Northern Ireland border?
Rental cars hired in the Republic frequently travel into Northern Ireland, and the reverse. Most Irish rental companies permit cross-border travel with advance notification, though some charge a cross-border fee of €30 to €150. Failing to declare cross-border intent and then having an accident in Northern Ireland can breach the rental agreement, complicating vehicle damage recovery.
Your personal injury claim isn't affected by the cross-border fee or any rental contract breach. The mandatory third-party liability insurance extends across the island. If you are injured in Northern Ireland while driving a rental hired in the Republic, you can typically choose to bring the personal injury claim in either jurisdiction.
From a compensation perspective, awards in the Republic of Ireland tend to be higher than in Northern Ireland for equivalent injuries. The Republic uses the Personal Injuries Guidelines 2021 7, while Northern Ireland follows UK Judicial College Guidelines with different (generally lower) compensation bands. The MIBI also serves as Ireland's Green Card Bureau for cross-border motor insurance matters. MIBI Green Card FAQ 8.
What compensation can you expect?
Compensation for rental car accident injuries in Ireland is assessed under the Personal Injuries Guidelines 2021 7 (in force since April 2021, replacing the previous system). Awards depend on the type and severity of injury, not on whether the accident involved a rental car.
| Injury type | Guideline range (general damages) | Factors affecting award |
|---|---|---|
| Minor whiplash/neck (substantial recovery) | €500 to €3,000 | Recovery time, treatment needed |
| Whiplash/neck (recovery up to 2 years) | €3,000 to €12,000 | Ongoing symptoms, impact on daily life |
| Moderate neck injury (not fully resolved) | €12,000 to €23,000 | Chronic symptoms, work impact |
| Minor back injury (recovery within 6 months) | €500 to €3,000 | Duration, medical intervention |
| Back injury (recovery up to 5 years) | €3,000 to €20,000 | Physiotherapy, medication, lifestyle impact |
| Minor psychological injuries | €500 to €5,500 | Duration, treatment, impact on functioning |
These are general damages (pain and suffering) only. Awards vary case by case. Special damages (medical expenses, lost earnings, travel disruption costs, repatriation expenses) are claimed separately on top. Source: 7. The proposed 16.7% inflation increase to these ranges was not approved by the Oireachtas as of March 2026, though the Judicial Council (Amendment) Bill 2026 9 is undergoing pre-legislative scrutiny and will reform the review process.
Special damages unique to rental car accidents
For rental car accidents specifically, special damages cover costs that are unique to the rental context and claimed separately on top of general damages. These are the heads of claim specific to rental car accidents:
| Head of claim | Typical range | Notes |
|---|---|---|
| CDW excess charged to your card | €1,500 to €5,000 | Charged immediately by the rental company, recoverable from at-fault driver's insurer |
| Damage administration fee | €30 to €90 | Charged by most rental companies regardless of fault |
| Loss of use fee | €40 to €80 per day | Rental company charges for days the vehicle is off-road for repair |
| Pre-authorization hold (cost of credit) | Varies | Up to €5,000 held on your card for weeks, restricting available credit |
| Unused prepaid rental days | Per contract | Non-refundable prepaid days lost due to early return after accident |
| Changed flight or ferry costs | €100 to €800+ | Rebooking fees if the accident disrupted onward travel plans |
| Lost accommodation (non-refundable) | Per booking | Hotels or holiday rentals forfeited due to accident-related delays |
| Replacement hire while stranded | €50 to €120 per day | Cost of a second rental to continue your trip after the original car was damaged |
| Repatriation costs (tourists) | €200 to €2,000+ | Medical transport, accompanied flights, or alternative travel home |
Each head of special damage must be supported by receipts, invoices, or bank statements showing the charge. If third-party negligence caused the collision, you can recover these directly from the at-fault driver's insurer through the IRB claim.
Step by step: what to do after a rental car accident in Ireland
1) Report to Gardai. Call 112 or 999 for emergencies. For all injury collisions, report to the nearest Garda station as soon as possible. Keep the station name and PULSE incident number. See An Garda Síochána guidance 10.
2) Collect evidence at the scene. Photograph vehicle damage, road conditions, and visible injuries. Exchange details with the other driver: name, insurer, policy number. The rental car's insurance details are displayed on the insurance disc. Note the rental agreement number.
Rental-specific evidence you can't get later
| Evidence | Window | Why it matters |
|---|---|---|
| Copy of the rental agreement | Before return | Lists named drivers, insurance disc number, vehicle registration, and CDW status |
| Photo of the insurance disc on the windscreen | At the scene | Proves mandatory third-party cover was in place and identifies the rental company's insurer |
| Pre-rental condition report (signed by both parties) | Request immediately | The rental company holds the only copy. Proves which damage is from the accident vs pre-existing scratches |
| Rental company incident report form | At return | They'll ask you to fill one out. Photograph your completed form before handing it back |
| Dashboard mileage and fuel reading | At the scene | Timestamps the journey and establishes the vehicle was in active use |
| Name and badge of the return desk agent | At return | Witness to vehicle condition on return. Rental companies rotate staff quickly |
| CCTV request (if near the rental depot or car park) | Within 48 hours | Footage is overwritten on short cycles. A written preservation request protects it |
Track your evidence collection:
0 of 7 collected
3) Get medical attention. Attend A&E or your GP promptly. Delayed symptoms are common after road collisions. Keep all medical records and receipts. If you are a tourist, get initial treatment in Ireland and follow up with your home doctor.
What if you felt fine at the scene but symptoms appeared later?
Symptoms within 48 to 72 hours (most common): Whiplash, neck stiffness, headaches, and lower back pain frequently appear one to three days after a low-speed rental car collision. See your GP immediately. The medical record timestamps the onset and links it to the accident. Your claim isn't weakened by the delay in symptoms. This pattern is medically well-documented and expected.
Symptoms within weeks: Soft tissue injuries, nerve pain, and psychological symptoms (anxiety driving, flashbacks, sleep disruption) can take weeks to manifest. The two-year limitation period runs from the "date of knowledge" under the Statute of Limitations 1957, not just the accident date. Your GP's first record of the complaint establishes this date.
Symptoms months later: Less common but not unusual for disc injuries or complex regional pain. You should get a specialist referral and request imaging. The date of knowledge rule still applies, but the longer the gap between accident and first medical record, the harder causation becomes to prove. A medico-legal report linking the injury to the collision is essential.
Returning the rental car without reporting an injury doesn't waive your personal injury rights. The Garda abstract does not need to record an injury at the scene for you to claim later. What matters is that you have a medical record linking your symptoms to the accident within a reasonable timeframe.
4) Notify the rental company. Most rental agreements require immediate notification of any collision. Complete the rental company's incident report form. This is about the vehicle. CDW is separate from your personal injury claim.
What you sign at the return desk (and what it means for your claim)
After a collision, the rental company presents documents at the return desk. People sign in a state of shock and later worry they've admitted fault or waived their rights. Here's what each document actually does:
| Document | What it does | Affects your PI claim? |
|---|---|---|
| Damage liability acknowledgment | Confirms you accept responsibility for the CDW excess charge on the vehicle | No. This is a Track A (vehicle damage) document. It's not an admission of fault for the accident. |
| Credit card pre-authorization form | Authorises a hold on your card for the damage excess amount | No. A financial hold, not a legal statement about the accident. |
| Rental company incident report | A factual account of the collision for the rental company's internal records | No, but be careful. Keep your account factual. Do not speculate about fault. Photograph your completed form. |
| Final rental invoice | Closes the rental contract and records charges | No. A commercial transaction. Irrelevant to personal injury. |
None of these documents affect your personal injury claim. If the rental company's incident report contains language suggesting you accept fault for the collision, that wording is unlikely to be enforceable for PI purposes. Your injury claim is against the other driver's insurer, not the rental company.
5) Do not discuss fault with the insurer. You're under no obligation to give a recorded statement to the other driver's insurer. If contacted, keep answers factual and brief. See what to say to an insurer for more.
6) Submit your claim to the IRB. File Form A with the IRB. 1. Include medical evidence (Form B), special damages receipts, and the Garda abstract. For the full claim process, see our guide.
How to complete Form A when the accident involves a rental car
The IRB's Form A was designed for standard motor claims. Rental car accidents require specific entries that the form doesn't prompt you for:
| Field | What to enter for a rental car claim |
|---|---|
| Respondent (who you are claiming against) | The at-fault driver's insurer, identified from the insurance disc or via a Motor Insurers' Bureau enquiry. Not "Hertz" or "Europcar." The rental company is only named as respondent if a vehicle defect caused the accident. |
| Vehicle details | State it was a rental vehicle. Include the vehicle registration, rental agreement number, and rental company name. This helps the IRB identify the correct insurance policy. |
| Circumstances of the accident | A factual account of the collision. Mention you were driving a rental vehicle. Do not reference CDW status, rental contract terms, or vehicle damage disputes. These are irrelevant to your personal injury claim. |
| Supporting documents to attach | Garda abstract (with PULSE number), medical Form B, copy of the rental agreement showing named driver status, photos from the scene, and all special damages receipts (including rental excess charges, changed flights, and lost accommodation). |
How long does a rental car accident claim take?
The IRB's average assessment timeline is 11.2 months, based on 5. Over half of all compensation awards were made within nine months. Respondent consent rates reached 70% in 2024, meaning most rental car injury claims are processed entirely within the IRB framework.
The IRB introduced a mediation service in 2024 for motor and public liability claims. The initial claimant opt-in rate is 35%, and mediated claims are resolving within an average of three months, compared to the 11.2-month assessment route. 5.
If the IRB assesses your claim and both sides accept: Expect 9 to 12 months total. An Order to Pay follows acceptance.
If you opt for IRB mediation and it succeeds: Resolution in roughly 3 months, with a 10-day cooling-off period before the binding Order to Pay.
If the IRB assessment is rejected and you proceed to court: Litigation averages 5.1 years and costs significantly more. IRB Motor Report 2025 11.
What the timeline estimates do not account for: tourist claims typically add two to three months because medical evidence from a home country needs translation, certification, or supplementary assessment by an Irish-approved practitioner.
Common questions about rental car accident claims in Ireland
Can I claim compensation if I'm injured in a rental car accident in Ireland?
Yes. If you're injured in a rental car accident in Ireland, you can claim compensation through the IRB against the at-fault party's insurer. All rental cars carry mandatory third-party liability insurance under the Road Traffic Act 1961.
The rental agreement, CDW status, and whether you bought extra insurance are irrelevant to the personal injury claim. Your claim targets the at-fault driver's insurance, not the rental company (unless a vehicle defect caused the crash).
Why it matters: Many people assume their CDW or credit card insurance handles everything. It does not cover your injuries.
Next step: Apply to the IRB 1
Does my CDW cover personal injuries?
No. CDW covers damage to the rental vehicle only. Personal injury compensation is a separate legal claim through the IRB against the at-fault driver's insurer.
Even Super CDW, which reduces your vehicle damage excess to zero, provides no personal injury protection. The rental company's Personal Accident Insurance (PAI) is optional and covers only a small fixed sum for medical expenses. Each of the three insurance layers covers something different, and none replaces the other.
Why it matters: Conflating CDW with injury protection is the most common mistake tourists make after a rental car collision.
Can tourists claim compensation for car accidents in Ireland?
Yes. Tourists have the same right to claim as Irish residents. The IRB accepts remote digital submissions, including e-signatures on Form A and scanned medical evidence.
You don't need to remain in Ireland. Your solicitor can manage the claim on your behalf. Medical evidence from your home country is accepted, subject to the IRB's requirements for Form B.
Why it matters: The two-year limitation period runs from the accident date, regardless of your location. Don't delay.
Next step: 1 • TouristSOS (touristsos.ie)
What if an unauthorized person was driving the rental car?
An unauthorized driver voids the rental contract's optional protections. The vehicle may be treated as effectively uninsured, directing injured third parties to MIBI.
The primary renter faces full financial liability for vehicle damage. Injured third parties should name both the unauthorized driver and MIBI as respondents.
Why it matters: Handing the keys to a friend or spouse not on the contract creates a cascade of legal problems.
Next step: Contact MIBI 6
How long do I have to file a rental car accident claim?
Two years from the date of the accident or from the date you became aware of the injury. This applies equally to Irish residents and tourists.
This is shorter than the three-year period in England and Wales. If you've read UK guidance, adjust your expectations. The clock does not stop when you leave Ireland.
Why it matters: Missing the limitation period means losing your right to claim entirely.
Next step: 3
Do US credit cards cover rental car insurance in Ireland?
Many standard US credit cards explicitly exclude Ireland from CDW coverage. Even premium cards that offer coverage in Ireland only cover vehicle damage, never personal injuries.
Rental companies require a physical letter from the card issuer confirming Irish coverage, dated within 30 days. Without it, expect a pre-authorization hold of up to €5,000 and forced purchase of in-house CDW.
Why it matters: Relying on a card that excludes Ireland leaves you exposed to the full vehicle damage excess.
Next step: Check your specific card's territory exclusions before renting.
What if my accident happened crossing into Northern Ireland?
Irish rental car insurance typically extends to Northern Ireland, but undeclared cross-border travel may breach the rental agreement for vehicle damage purposes.
Your personal injury claim is unaffected by rental contract issues. You can generally bring a claim in either the Republic or Northern Ireland, though ROI awards tend to be higher for equivalent injuries.
Why it matters: Choosing the right jurisdiction can significantly affect your compensation.
Next step: Foreign driver claims • 8
How much compensation for a rental car accident injury?
Awards are assessed under the Personal Injuries Guidelines 2021. Minor whiplash with substantial recovery ranges from approximately €500 to €3,000. Whiplash with recovery taking up to two years ranges from €3,000 to €12,000. Moderate neck injuries that have not fully resolved range from €12,000 to €23,000. Awards vary case by case.
Special damages (medical costs, lost earnings, travel disruption, repatriation) are claimed separately. For tourists, changed flights, lost accommodation, and additional travel costs are all recoverable as special damages if third-party negligence caused the crash.
Why it matters: Knowing the range helps set realistic expectations and plan evidence gathering.
Next step: 7 • Compensation overview
How long does a rental car accident claim take in Ireland?
The IRB's average assessment time is 11.2 months, with over half of awards made within nine months (2024 data). IRB mediation, introduced in 2024, resolves some claims within three months.
Tourist claims typically take 8 to 14 months due to remote medical evidence coordination. If the claim proceeds to litigation, the average is 5.1 years.
Why it matters: Choosing mediation, where available, can cut the timeline dramatically.
Next step: Apply to the IRB 1
What to consider next
If you haven't reported to the Gardai yet: Do so promptly. A Garda abstract is required for your IRB application and will strengthen your claim. See 10.
If the rental company is pressuring you about vehicle damage costs: Keep all invoices. If a third party caused the collision, damage administration fees and "loss of use" charges may be recoverable as special damages. Do not let vehicle damage disputes distract from your personal injury claim.
If you are unsure whether the accident was your fault: Contributory negligence (under the Civil Liability Act 1961) doesn't necessarily destroy your claim. It may reduce your award proportionally. Wrong-side-of-the-road collisions involving tourists, for example, often involve shared liability rather than 100% fault.
References
- Making a claim, Injuries Resolution Board (Updated 2025)
- Road Traffic Act 1961, s.56, Irish Statute Book (Revised)
- Injuries Resolution Board, Citizens Information (Updated 2025)
- Consumer Rights Act 2022 (No. 37), Irish Statute Book
- IRB Annual Report 2024, Injuries Resolution Board (July 2025)
- Making a claim: uninsured vehicles, MIBI (Updated 2025)
- Personal Injuries Guidelines 2021 (PDF), Judicial Council of Ireland (Adopted 6 March 2021)
- Brexit and Green Cards FAQs, MIBI (Updated 2025)
- General Scheme of Judicial Council (Amendment) Bill 2026, gov.ie (January 2026)
- Road traffic collision guidance, An Garda Siochana (Updated 2025)
- Motor Liability Personal Injury Claims & Awards 2019-2024, IRB (May 2025)
- Civil Liability Act 1961, Irish Statute Book
- Statute of Limitations 1957, Irish Statute Book (Revised)
Additional resources
Official sources:
IRB: How to make a claim 1 • IRB Claimant Guide • MIBI: Uninsured vehicle claims 6 • Personal Injuries Guidelines 2021 7
Related guides on this site
Car accident claims overview • The IRB claim process • Uninsured driver claims • Foreign driver accident claims
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
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
