How do you make a Car Accident Claim in Ireland?
When you have been injured in a car accident, or any other accident that might involve a lorry, a van , a motor bike or a bicycle, which was caused by the negligence of a third party then you are entitled to make a car accident claim in Ireland. The Personal Injury claim is to compensate you for whiplash for the trauma, the pain and suffering, the loss of the quality of life, the loss of wages or income from being out of work. That sounds simple enough does it not? However it is not that simple!
How do you Get Expert Legal Help Now?
We have already talked about the fact that it is not as simple as it might be to file a Personal injury claim after a road traffic accident and we strongly recommend that you get top advice from the many solicitors available who should guide you through the various pitfalls that are there in doing so. So contact us now for a referral by calling us on 015240606 or fill in the contact form on this page and sent it to us immediately. Find car accident claims solicitors that will guide you through the process to a satisfactory resolution of your accident claim.
How to proceed with Car Accident Claims & the Injuries Board?
The Injuries Board, sometimes called the Personal Injury Accident Board (PIAB) was created in 2003 ostensibly to control and cut back the volume and amounts of personal injury claims. In theory you do not need a specialised solicitor to apply to the Injuries Board but well over 90% of people use the services of a specialised personal injury solicitor. Why is that the case? If you make a mistake in the filling out of the Injuries board form they will not come back to you either to correct it or amend it. There are no guidelines or instructions from the injuries Board to inform you how to complete their application for assessment in order to claim compensation for your emotional trauma or the effect an injury has on your quality of life. Unless you fully and correctly document your application form you run a very serious risk of being disappointed.
So it is better to get a qualified professional solicitor to advise you from the start to avoid any problems.
Upon receiving your claim form the Injuries Board will contact your negligent party asking them whether or not they will accept liability for the accident and your injuries. If they do so then the Injuries Board will calculate the amount of damages and inform both parties. If both of the parties are in agreement with the assessment, then the Injuries Board will instruct the at fault party, normally their insurance company to pay. That is all well and good but if the at fault party either does not accept liability or disagrees with the assessment then the Injuries Board will issue you with an authorisation to pursue the at fault party through the courts. Of course you also may dispute the amount of the compensation award awarded as well.
In theory the Injuries Board route is a good process and ideal for you, but a large percentage of claims end up disputed by either party.
What are the Other Methods of Resolving a Car Accident Claim?
The best estimates are that only a third of all car accident claims are settled by the Injuries Board, some reports estimate the percentage to be as low as 25. Therefore you the victim have left the choice of negotiation and a court case to obtain your compensation.
If you are worried about you having to make a court appearance, you should know that it is estimated that over 95% of those cases not settled by the Injuries Board are settled by negotiation with no need to make an appearance at court.
Many car accident claims are settled by negotiation and this is very evident when the personal injury claim is the strong. Often the process is started before the assessment form is submitted to the Injuries Board as your solicitor will send a copy of your form and detailed evidence to the opposing Insurance Company. If your case is well prepared and it is clear to your opposite Insurance Company that you have a very strong and winnable case then often they will start to negotiate. Often a resolution to your car accident claim is reached and your claim is settled just prior to a hearing but it can be a stressful experience. But be careful they will start with a very low offer to you as it is an attempt to test your resolve!
This is clearly another reason why you need one of the many experienced referred Personal Injury solicitors available to you that will get you to help you prepare the strongest case possible. Call or contact us now on 015240606.
In the last instance the car accident claim may need to go to court to settle either the matter of liability or the amount of compensation to be paid.
A solicitor will brief you fully on what is happening at all times but particularly before a court hearing.
How Much Injury Compensation for a Car Accident in Ireland?
This is a difficult subject to evaluate as settlements of injury compensation for a car accident are most often calculated using four critical and varying factors. You should be aware that not each factor will be relevant to every claim and sometimes additional factors may be included to ensure your receive an appropriate and fair settlement.
Below are the four headings;
General Damages for your Pain and Suffering
This maybe the easiest one to evaluate as the Book of Quantum will by and large determine the amount of compensation in this area. The Book will allocate a value to your specific injury and will take into account the severity and permanence of the injuryGeneral Damages for your Emotional Trauma
These are assessed by a medical expert who will assess the damage done to you by the trauma of the accident.
General Damages for your Loss of Amenity
This area relates to how the car accident has impacted on your quality of life? In other words what can you no longer do or have had to give up as a result of your injuries suffered.
Special Damages for Costs and Expenses
This relates to documented costs of damaged property (your car) and loss of income or salary or wage or costs to you as a result of the car accident.
As it you can imagine no two car accident claims are exactly alike. You should be clearly aware that with the exception of general damages for your pain and suffering, three of the primary factors of injury compensation for a car accident can vary considerably depending on your personal circumstances.
As you can see to try and do this on your own is not easy and to ensure you get the maximum injury compensation for a car accident you should always speak with an experienced referred car accident solicitor. Do not delay and call us on 015240606
How to deal with Car Accident Claims and Insurance Companies?
Insurance Companies are in business to make money. They take in your premiums and payout expenses and wages of the business and payout money for car repairs and personal injury claims. If they make you an offer, which does not admit liability, then it will certainly be a low evaluation. The temptation is clear to take it, especially when you are suffering the trauma and pain following your car accident. Contact us for advice from a referred personal injury solicitor before you do anything as you will want to get a fair result.
What are the practical things you can do after a Car Accident?
These are tabulated in bullet points for simplicity;
Can I Claim? No beating about the bush they will let you know straight away
Process Whatever your claim they have the experience and expertise
Talk to them now for some interesting solutions
Time Limits unless you are a minor under the age of 18 then you have 2 years from the injury in which to file
Can I Claim? No beating about the bush they will let you know straight away
Process Whatever your claim we have the experience and expertise
Talk to us now for some interesting solutions
Time limits unless you are a minor under the age of 18 then you have 2 years from the injury in which to file