Car Accident Claims in Ireland: How to Claim, What It's Worth in 2026, and When You Need a Solicitor
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: Most car accident claims in Ireland, sometimes called car injury claims or road traffic accident (RTA) claims, start with the Injuries Resolution Board (IRB), the statutory body that assesses road traffic injury claims before any court step. You normally have two years from the date of the accident, or the date you knew your injury was linked to it, to begin. Compensation follows the Personal Injuries Guidelines 2021, which (as of May 2026) still apply because a proposed increase wasn't approved. This hub maps the process, what claims are worth now, and your exact next step.
Report to Gardaí, get medical care, keep evidence, then apply to the IRB within the 2-year limit. Awards use the 2021 Guidelines (the 16.7% rise was blocked in 2025). Drivers, passengers, pedestrians and cyclists can all claim. Sources: Injuries Resolution Board (2026) • Judicial Council (2021).
Important: 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.
Quick answers
What is a car accident claim? A personal injury claim for compensation after a road traffic collision in Ireland, normally assessed first by the Injuries Resolution Board. See the process.
How long do I have to claim? Usually two years from the accident, or from your date of knowledge if the injury appeared later. Time limits.
How long does a claim take? Many IRB claims settle inside a year, mediation often within about three months, and contested court cases take longer. Timeline.
How much is a claim worth? It depends on the injury, valued under the 2021 Guidelines. The 2024 IRB average award was 19,482 euro, and figures vary case by case. Compensation.
Do I need a solicitor? It isn't a legal requirement, though many people use one for the strict deadlines and to value an offer. When a solicitor helps.
Contents
Where claims start: Injuries Resolution Board (IRB), formerly PIAB.
Time limit: 2 years from the accident or the date of knowledge.
How awards are set: Personal Injuries Guidelines 2021 (still in force in 2026).
Who can claim: Drivers, passengers, pedestrians, cyclists, and children (through an adult).
If the driver had no insurance: The Motor Insurers' Bureau of Ireland (MIBI) route.
How do car accident claims work in Ireland?
A car accident claim in Ireland runs through the Injuries Resolution Board first, then to court only if needed. The IRB, formerly the Personal Injuries Assessment Board (PIAB), assesses road traffic injury claims before litigation. The pathway is broadly the same for every motor injury claim, although the detail of your case decides timing.
- Get medical attention and make sure your injuries are recorded by a doctor.
- Report the collision to the Gardaí and keep the incident reference.
- Gather evidence: photos, the other driver's details, witness contacts, and any dashcam footage.
- Apply to the IRB within the time limit, naming the person responsible.
- Attend the medical examination the IRB arranges.
- The IRB issues an assessment, which you and the other side can accept or reject.
- If accepted by both sides, an Order to Pay issues. If rejected, the IRB authorises court proceedings.
Since late 2024 the IRB also offers a mediation service for motor claims. Mediation is voluntary, confidential, and usually handled by phone, and it can deal with disputed liability and contributory negligence that the standard assessment can't. The Injuries Resolution Board (2026) [01] sets out each stage. For the full step-by-step version, see our guide to the car accident claims process.
From our practice: in our experience, the cases that run smoothly are usually the ones where the person saw a doctor and reported to the Gardaí within the first day or two, so the injury and the collision are recorded while everything is fresh. Gaps in that early record are harder to close later.
Assessment or mediation: two routes through the IRB
Since late 2024, a motor claim at the IRB can be handled by the traditional assessment or resolved through mediation. The difference matters, because each route suits a different situation, and most competitor pages still describe assessment alone.
Assessment: the IRB reviews your medical reports and issues a compensation figure, which both sides then accept or reject. It works well where liability isn't in dispute.
Mediation: a neutral mediator helps both sides reach agreement by phone, and it can deal with disputed liability or contributory negligence that an assessment can't. It's voluntary and confidential, and any agreement becomes binding once a short cooling-off period passes.
For how the board works at each stage, see our Injuries Resolution Board guide.01 If mediation succeeds, the signed agreement becomes an Order to Pay that carries the same force as a court order, and it's final once the short cooling-off period ends.
Who can make a car accident claim?
Anyone injured through another road user's fault can usually claim, not only the driver. That includes passengers, pedestrians, and cyclists struck by a car, as well as children, who claim through a parent or guardian acting as their "next friend".
| If you were a | You can usually claim against |
|---|---|
| Driver not at fault | The at-fault driver's insurer |
| Passenger | The driver at fault, who may be in either vehicle |
| Pedestrian or cyclist hit by a car | The driver who caused the collision |
| Injured by an uninsured or untraced driver | The MIBI route |
Passengers are often unsure whether they qualify. They almost always do, because a passenger is rarely at fault for the collision, and the claim can be made against the driver of either vehicle. The same is true for a pedestrian or a cyclist struck by a car: if the driver was negligent, there's a route to compensation. Where the injured person is a child, a parent or guardian brings the claim on their behalf, and the time limit works differently. Our pages on passenger injury claims and on a pedestrian hit by a car explain each route in detail.
If you were a passenger: you can usually claim against whichever driver was at fault, in either vehicle.
If you were a pedestrian or cyclist: you claim against the driver who caused the collision.
If a child was injured: a parent or guardian claims for them, and the time limit generally starts at age 18.
Do you have a claim? A quick self-check
Answer three questions for general guidance. This isn't legal advice, and every case depends on its own facts.
How long do you have to make a car accident claim?
You generally have two years from the date of the accident, or from your date of knowledge. The two-year period comes from the Civil Liability and Courts Act 2004 [09]. The "date of knowledge" rule, under the Statute of Limitations (Amendment) Act 1991, can move the start date to when you first knew, or ought reasonably to have known, that your injury was significant and linked to the crash.
Why date of knowledge matters: some injuries, such as delayed whiplash or psychological symptoms, only become clear days or weeks later. In those cases the clock may start from when the injury was reasonably identified, not the day of the crash. Special rules also apply for children and for people who lack capacity.
Deadlines are strict and fact-sensitive, so missing them can end an otherwise strong claim. See our detailed guide to the car accident claim time limits. Citizens Information (2026) [02] gives a plain-language summary.
If symptoms appeared weeks later: your date of knowledge may be when the injury became apparent rather than the crash date, which can move the start of the two-year period.
If the injured person is a child: the two-year clock generally runs from their 18th birthday, so a parent can claim on their behalf in the meantime.
If the accident happened abroad: different time limits and rules can apply, so it's worth getting advice quickly.
Check your claim deadline
Enter the date of your accident to see the usual two-year deadline. This is a guide only, not legal advice, and your date of knowledge or other rules can change it.
How long does a car accident claim take?
Most straightforward car accident claims settle within about a year, though the timeline depends on your recovery and on whether liability is disputed. A claim usually can't be valued until your injuries have stabilised, so a longer recovery means a longer claim. This is different from the two-year limit for starting a claim.
| Route | Indicative timeline |
|---|---|
| IRB assessment | Several months once your medical evidence is ready |
| IRB mediation | Around three months on average where both sides take part |
| Court proceedings (if the assessment is rejected) | Considerably longer, often more than a year |
The biggest delay is usually waiting for a medical prognosis, not the IRB itself.01 In our experience, people often expect a claim to move faster than the medicine allows, and settling before the prognosis is clear can undervalue an injury that's still changing.
How much compensation can you claim in 2026?
Compensation follows the Personal Injuries Guidelines 2021, which still apply in 2026 because the proposed increase was not approved. The Guidelines replaced the older Book of Quantum and set bracket figures that both the IRB and the courts use. They reduced awards for many minor injuries when they came in.
In December 2024 the Judicial Council published draft amendments proposing an average 16.7% increase, which would have raised the ceiling for the most catastrophic injuries from 550,000 euro to about 642,000 euro. The Government decided in July 2025 not to bring those amendments to the Oireachtas for approval, so they have no legal effect. The Judicial Council (2021) [03] holds the current Guidelines, and the position is confirmed by the Houses of the Oireachtas (February 2026) [04].
What this means in 2026: as of May 2026, car accident compensation in Ireland is still set by the 2021 Guidelines, because the proposed 16.7% increase was blocked in July 2025 and never took legal effect. So awards have not risen for inflation. A draft Judicial Council (Amendment) Bill 2026 proposes reviewing the Guidelines every five years instead of three, which suggests current levels may hold for some time. Figures vary case by case.
Where a person has more than one injury, the assessment values the most serious injury first, then adds a measured uplift for the lesser injuries, applies a discount for the period the injuries overlapped, and finally checks the total is fair and proportionate.
| Injury (general damages only) | Indicative range, 2021 Guidelines |
|---|---|
| Minor neck or whiplash, substantial recovery within 6 months | €500 to €3,000 |
| Neck or soft-tissue injury, recovery up to about 2 years | up to €12,000 |
| Longer-lasting soft-tissue injury with some residual symptoms | roughly €12,000 to €25,000 |
| Most catastrophic injuries, for example quadriplegia | up to €550,000 |
These are indicative general damages only and don't include special damages such as lost earnings or medical costs, which are added on top. Every figure is assessed case by case under the Personal Injuries Guidelines (2021) [08], and the proposed 16.7% increase was not adopted.
For full ranges across whiplash, fractures and other injuries, see our car accident compensation guide and the dedicated explainer on the 2026 Personal Injuries Guidelines update.
What can you recover? General and special damages
An award is made up of general damages for the injury itself and special damages for your financial losses. Both are recoverable in a car accident claim, although they're proved in different ways.
| Type | What it covers | How it is proved |
|---|---|---|
| General damages | Pain, suffering, and the effect on your daily life | Medical reports and the 2021 Guidelines brackets |
| Special damages | Lost earnings, medical bills, travel, care, and other costs | Receipts, payslips, and documented expenses |
People often forget to claim recoverable financial losses such as lost overtime, care provided by family, or future treatment. Special damages aren't limited to bills you've already paid: a well-evidenced claim also captures losses you'll reasonably face in future, which matters where recovery is slow. What you can't recover is a cost you can't evidence, so keeping receipts, payslips and a simple diary of expenses makes a real difference. Our damages and out-of-pocket costs hub breaks down each category and how to evidence it.
Proving fault and disputed liability
To succeed you must show another road user was negligent and that this caused your injury. Liability is often accepted, for example in many rear-end collisions, where the following driver is usually presumed at fault. Where it's disputed, the evidence you gathered at the scene decides the outcome, which is why photographs and witness details matter so much. Where liability is accepted, the claim instead turns on the medical evidence and the value of your losses rather than on who was to blame.
Your award can be reduced for contributory negligence under the Civil Liability Act 1961 [10]. A common example is a reduction where a person wasn't wearing a seatbelt and that worsened the injury. A reduction doesn't end the claim, it lowers the share you recover, so it's still worth pursuing. Where liability is genuinely in dispute, the IRB's mediation option can sometimes resolve it without going to court, which the older assessment-only process couldn't do. Where fault is contested, see who is liable and our page on disputed liability evidence.
Evidence that strengthens a car accident claim
The strongest claims are built on evidence collected early, before memories fade and footage is deleted. CCTV and dashcam recordings are often overwritten within days, so acting quickly matters.
At the scene: photos of vehicles and road position, the other driver's name, registration and insurance, and witness contact details.
In the days after: a doctor's record of your injuries, the Garda incident reference, and any dashcam or CCTV footage secured before it is erased.
For the full method, including how to request footage and preserve records, see our car accident evidence guide. One practical point worth stressing: dashcam and CCTV systems frequently loop and overwrite within days, so a quick written request to preserve footage can be the difference between proving and not proving how a collision happened. If you weren't able to take details at the scene because you were injured, a witness or a passenger can often supply them afterwards.
Psychological injuries after a car accident
Recognised psychological injuries, such as PTSD, anxiety, and driving phobia, are compensable in their own right. They're not an add-on to physical injury. Irish law has long recognised "nervous shock" as an injury, following the test in Kelly v Hennessy.
To claim, you usually need a diagnosis from a psychiatrist or psychologist, supported by a report. IRB data shows psychological claims have grown as a share of awards, rising from about 5% in 2021 to 13% across the full year of 2024, which reflects how seriously these injuries are now treated. In our experience, people tend to under-report this part of the harm, mentioning the physical injury but not the driving anxiety or sleep disturbance that follows. Where that's part of your case, raising it early, with a report to back it up, gives the claim a firmer footing. Our page on PTSD after a car accident sets out the proof a claim needs.
What if the driver was uninsured, untraced, or fled the scene?
You can still claim through the Motor Insurers' Bureau of Ireland (MIBI) when the responsible driver has no insurance or cannot be traced. The MIBI scheme exists so that injured people aren't left without recovery.
If the driver was uninsured: you claim against the driver and the MIBI, which can pay where the driver cannot.
If the driver was untraced or fled: you may still claim, but strict reporting conditions apply, including prompt notice to the Gardaí.
The conditions are detailed and easy to fall foul of, particularly the requirement to report promptly to the Gardaí, which is where untraced and hit-and-run claims most often run into trouble. If you don't have the other driver's details because they drove off, that doesn't automatically end your claim, but it does make early reporting and any independent evidence even more important. See claiming against an uninsured driver and our guide to hit-and-run claims.
When a car accident claim overlaps with other claims
Some crashes raise more than one type of claim, and the route changes when they do. The three most common overlaps are negligent medical treatment after a crash, a faulty vehicle part, and accidents that happen while driving for work.
Where treatment of your crash injuries is itself negligent and makes things worse, the law of novus actus interveniens can shift responsibility for the additional harm to the healthcare provider. A medical negligence element does not go through the IRB and proceeds directly to court, so a single incident can need two separate routes at once. See our explainer on novus actus interveniens and, where relevant, our medical negligence claims service.
Where a defective component, such as failed brakes or a tyre, contributed to the crash, the claim is still a road traffic injury claim, but the manufacturer or repairer may share responsibility. This is different from a pure product fault. See defective vehicle part claims. If you were driving for an employer, our accident while driving for work guide explains how employer liability works.
Car accident claims in Ireland: the 2024 to 2025 numbers
The latest official data sets honest expectations about volume and value. The figures below come from the Injuries Resolution Board and the Road Safety Authority, and they're dated so you can see how current they are.
| Measure | Figure | Source and year |
|---|---|---|
| Personal injury claims to the IRB | 20,837 (up 3% on 2023, about a third lower than 2019) | IRB, 2024 |
| Assessments made by the IRB | 8,598, average award value 19,482 euro, median 13,100 euro | IRB, 2024 |
| Total compensation assessed | About 168 million euro, acceptance rate 50% | IRB, 2024 |
| Road deaths on Irish roads | 190 in 2025, the highest since 2014, up 8% year on year | RSA and An Garda Síochána, 2025 |
According to the Injuries Resolution Board, motor claims have fallen by roughly 30% since 2019. The IRB Annual Report 2024 (July 2025) [05] holds the award data, and the Road Safety Authority (January 2026) [06] holds the 2025 collision figures. Award figures are averages across all injury types and vary case by case under the 2021 Guidelines.
What you actually take home: net versus headline award
The headline award figure isn't always the amount that reaches your bank account. Two things commonly change the net sum, and neither is well explained elsewhere: a reduction for contributory negligence, and the Recovery of Benefits and Assistance (RBA) Scheme. Knowing about both early avoids a surprise at the end of the claim.
Under the RBA Scheme, in force since 2014 under the Social Welfare and Pensions Act 2013, certain illness-related social welfare payments you received because of the injury, such as Illness Benefit or Injury Benefit, are repaid to the Department of Social Protection out of the claim. This repayment is taken only from the loss-of-earnings part of your award, not from your general damages for pain and suffering, and it doesn't apply to fatal claims or to children under 16. The insurer makes the repayment rather than you, but it reduces the loss-of-earnings figure you actually receive. The Department of Social Protection (2025) [07] sets out the scheme. For how lost income is worked out in the first place, see our guide to loss of earnings claims.
How Irish car accident claims differ from the UK
The Irish process is not the same as England and Wales, so UK guidance can mislead. Irish claims go through the IRB and are valued under the Personal Injuries Guidelines, not the UK whiplash tariff or the Official Injury Claim portal.
| Feature | Ireland | England and Wales |
|---|---|---|
| First step | Injuries Resolution Board (mandatory) | Official Injury Claim portal for minor whiplash |
| How awards are set | Personal Injuries Guidelines 2021 | Fixed whiplash tariff |
| Solicitor fees | No percentage of the award is allowed | Different rules apply |
If you searched and found UK advice, the figures and the process won't match an Irish claim. A minor whiplash claim in England or Wales is handled through a fixed tariff and an online portal, whereas the same injury here is assessed by the IRB under the 2021 Guidelines, which produce different figures. Cross-border claims, for example a collision in Northern Ireland, add another layer again. Use Irish sources for an Irish crash, and treat UK compensation calculators as a poor guide to what an Irish claim is worth.
Do you need a solicitor for a car accident claim?
You are not required to use a solicitor, although many people do because the conditions and deadlines are strict. Car accident claims solicitors handle the IRB-to-court process for you, so you can focus on recovery. A solicitor can help gather evidence, value special damages properly, and advise on whether an IRB assessment fairly reflects your injuries before you accept it.
In Ireland, a solicitor can't lawfully charge a percentage of your award, under section 149 of the Legal Services Regulation Act 2015 [11]. "No win no fee" describes a fee arrangement within that rule rather than a free service, so it pays to understand what you'd owe. The most common regret we hear is from people who accepted a first assessment before the full effect of an injury on their work and daily life was clear, so it's worth checking any offer against your actual losses before you decide. Our pages on no win no fee solicitors and on when to contact a solicitor explain both points.
Free case review: if you'd like your situation looked at, you can call us for a free, no-obligation review on 01 903 6408 or email info@personalinjurysolicitorsdublin.info. There's no charge for the initial chat and no obligation to proceed. This is general information, not advice on your specific case.
Mistakes that weaken a car accident claim
Most claims are weakened by avoidable slips in the first weeks, not by the law. Knowing the common ones protects your position.
- Delaying medical attention, so there is no early record linking the injury to the crash.
- Letting dashcam or CCTV footage be overwritten before it is secured.
- Assuming a passenger or partly-at-fault person cannot claim, when they often can.
- Accepting a first offer without checking it against the injury and your losses.
- Missing the two-year limit, or misjudging the date of knowledge.
None of these is fatal on its own, but together they're the difference between a straightforward claim and an uphill one. If you're unsure on any point, it's worth getting advice early rather than after a deadline has passed.
References
- Injuries Resolution Board, making a claim. injuries.ie (2026)
- Citizens Information, time limits for civil claims. citizensinformation.ie (2026)
- Judicial Council, Personal Injuries Guidelines Committee. judicialcouncil.ie (2021)
- Houses of the Oireachtas, pre-legislative scrutiny of the Judicial Council (Amendment) Bill 2026. oireachtas.ie (February 2026)
- Injuries Resolution Board, Annual Report 2024. injuries.ie (July 2025)
- Road Safety Authority, road deaths increase in 2025. rsa.ie (January 2026)
- Department of Social Protection, Recovery of Benefits and Assistance Scheme. gov.ie (2025)
- Judicial Council, Personal Injuries Guidelines (2021). judicialcouncil.ie (2021)
- Civil Liability and Courts Act 2004. irishstatutebook.ie (2004)
- Civil Liability Act 1961. irishstatutebook.ie (1961)
- Legal Services Regulation Act 2015. irishstatutebook.ie (2015)
Common questions about car accident claims
What should I do immediately after a car accident in Ireland?
Make sure everyone's safe after the car crash, then report the collision to the Gardaí and get medical attention so your injury is recorded. Exchange names, registrations and insurance details, photograph the scene, and note any witnesses. These early steps protect both your health and any later claim.
Why it matters: the first 48 hours shape the evidence your claim relies on.
Next step: The car accident claims process
How long do I have to make a car accident claim in Ireland?
Generally two years from the date of the accident, or from your date of knowledge if the injury appeared later. The limit comes from the Civil Liability and Courts Act 2004. Different rules apply for children and people who lack capacity.
Why it matters: miss the limit and a valid claim can be lost.
Next step: Car accident claim time limits
Can I claim as a passenger after a car accident?
Yes. A passenger is rarely at fault, so you can usually claim against whichever driver caused the collision, including the driver of the car you were in. The route is the same IRB process.
Why it matters: many passengers wrongly assume they cannot claim.
Next step: Passenger injury claims
How much compensation will I get for a car accident?
It depends on your injuries and losses, valued under the Personal Injuries Guidelines 2021. The IRB average award value in 2024 was 19,482 euro across all injury types, but every case is assessed on its own facts. The proposed 2025 increase was not approved.
Why it matters: realistic expectations help you judge an offer.
Next step: Car accident compensation guide
Did the 16.7% increase in compensation come into effect?
No. The Judicial Council proposed an average 16.7% increase in late 2024, but the Government decided in July 2025 not to seek Oireachtas approval, so it has no legal effect. The 2021 Guidelines still apply in 2026.
Why it matters: awards have not risen, despite the proposal.
Next step: 2026 Guidelines update
Can I claim for PTSD or anxiety after a car accident?
Yes. Recognised psychological injuries are compensable in Irish law, following the nervous shock test in Kelly v Hennessy. You will usually need a diagnosis and report from a psychiatrist or psychologist.
Why it matters: psychological harm is treated as a real injury, not an extra.
Next step: PTSD after a car accident
What if the other driver had no insurance or drove off?
You can claim through the Motor Insurers' Bureau of Ireland (MIBI), which exists for uninsured and untraced drivers. Strict conditions apply, including prompt reporting to the Gardaí, so prompt action protects the claim.
Why it matters: missing a condition can defeat a valid MIBI claim.
Next step: Claiming against an uninsured driver
Can I claim if the accident was partly my fault?
Often yes. Under the Civil Liability Act 1961, being partly at fault usually reduces your award rather than removing your right to claim. The reduction reflects your share of responsibility, so a claim can still be worthwhile even where liability is split.
Why it matters: many people wrongly assume partial fault ends a claim.
Next step: Who is liable
Do I need a solicitor for a car accident claim?
It is not a legal requirement. Many people use a solicitor because the deadlines and conditions are strict, and to make sure special damages and an IRB assessment are valued fairly before accepting. A solicitor cannot charge a percentage of your award in Ireland.
Why it matters: one missed step can weaken a valid claim.
Next step: When to contact a solicitor
Disclaimer: 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. Compensation figures are dated and sourced, and all awards are assessed case by case under the Personal Injuries Guidelines 2021.
About the author
Gary Matthews is the principal solicitor at Gary Matthews Solicitors, a Dublin personal injury and medical negligence firm regulated by the Law Society of Ireland (Practising Certificate No. S8178). He writes on Irish car accident claims and personal injury law for the firm, and this page is reviewed and updated as the law changes. Last reviewed May 2026. Free case review: 01 903 6408.
Related guides: Claims process • Compensation • Time limits • Evidence • Uninsured driver
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.
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