What to Do After a Car Accident in Ireland
By Gary Matthews, Solicitor (Law Society of Ireland). Updated: 12 Sep 2025 Last legally reviewed: Sep 2025 Regulated by the Law Society of Ireland
Voice summary: Make the scene safe, call 112/999 if there's injury or danger, exchange details, report when s.106 applies, get a same-day medical note, notify your insurer, and start IRB if you're injured.
Direct answer: At the scene make safe & call 112/999 → exchange details & document → report if s.106 applies → see a GP same day → notify your insurer → start IRB if injured.
Contradiction check: objective video and independent witnesses carry more weight than competing accounts.
Verified official sources (checked September 2025)
Collision duties come from the Road Traffic Act 1961, s.106, with plain-English guidance on Citizens Information. Injury claims typically start at the Injuries Resolution Board (IRB). Uninsured or hit-and-run scenarios route via the MIBI scheme. Valuation brackets follow the Personal Injuries Guidelines (PDF).
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what to do after car accident Ireland
This page gives exact, lawful steps after a crash, the proof that holds up, where IRB fits, and what to do if the other driver is uninsured or untraced. Scope stays tight to avoid overlap with our process, time-limits, and liability pages.
Immediate steps after a crash (condensed to five)
- Make safe & call 112/999. Use hazards; move vehicles only to remove danger; call for injury, fire, or fuel leaks.
- Exchange details & document. Names, addresses, registrations, insurer; take wide and close photos; save dash-cam; get witnesses.
- Report when s.106 applies. If injury or certain damage occurs, or details can't be taken, report to Gardaí and note the PULSE reference.
- See a doctor & notify insurer. Same-day GP/A&E note anchors causation; tell your insurer early and stick to facts.
- If injured, start IRB. Submit Form A with a medical report and fee at injuries.ie.
Law & guidance: s.106 • Citizens Information — motor accidents
When to do what (timeline)
Evidence that carries weight
Courts rate objective, time-stamped proof: CCTV, dash-cam, phone photos with metadata, vehicle telematics, and independent witnesses. Keep a short symptom and cost log. Avoid roadside fault debates; give clear, factual particulars only.
Shared fault can reduce damages under the Civil Liability Act. Seatbelt non-use, distraction, and speed for conditions are common reduction arguments. Early, neutral evidence helps keep any deduction low.
Evidence matrix — what to capture and when
| Source | How to capture | Probative weight | Best time |
|---|---|---|---|
| Dash-cam / CCTV | Export original file; keep checksums; request third-party CCTV within days. | Very high (objective, time-stamped) | Immediately / within 24–72h |
| Phone photos | Wide then close; include road layout, debris, brake marks; keep EXIF metadata. | High (if originals preserved) | At scene / same day |
| Witness details | Record names, numbers, short neutral notes; avoid coaching. | High (independent) | At scene / same day |
| Medical note | Same-day GP/A&E attendance; list symptoms and mechanism. | High (causation & chronology) | Same day / within 48h |
| Telematics | Download from vehicle/app; preserve raw data. | Medium–High (objective speeds/inputs) | Within first week |
Understanding post-crash duties in Irish law
Roadside duties: The Road Traffic Act 1961, s.106 requires you to stop, give particulars, and report to Gardaí where injury occurs or particulars cannot be exchanged.
Fault & shared blame: Courts apply general negligence principles and may reduce damages for contributory negligence under the Civil Liability Act 1961, s.34 (e.g., lookout, speed for conditions, seatbelt).
IRB gateway: Most personal injury claims must go through the Injuries Resolution Board before any court proceedings, with assessments guided by the Personal Injuries Guidelines. Since late 2024, IRB can offer mediation in certain motor liability disputes.
Time limits (quick context)
Most personal injury claims must start within two years from your "date of knowledge" — when you knew, or should have known, you were injured and who likely caused it. For children, time runs from age 18 if a parent hasn't filed earlier as next friend. For fatal injuries, actions are generally within two years from the date of death or date of knowledge of that death.
Read more: Citizens Information — taking and appealing a civil case (time limits)
Where IRB (formerly PIAB) fits
IRB independently assesses most road injury claims before any court case. You submit Form A with a medical report and fee; the respondent can consent to assessment; IRB may arrange an independent medical. An assessment issues under the Personal Injuries Guidelines. Accept it, or reject and move to court. From December 2024, mediation may be offered in suitable motor liability disputes.
Start here: injuries.ie • IRB forms & guides • How to make a claim (IRB)
Uninsured or hit-and-run drivers (MIBI)
If the other driver is uninsured or cannot be traced, you may recover through the Motor Insurers' Bureau of Ireland. Report to Gardaí fast, notify MIBI, and preserve all media. For deeper guidance, see claim against an uninsured driver or MIBI in Ireland explained.
Scheme page: MIBI — Making a claim
Case-law capsules (recent)
Delaney v The Personal Injuries Board & Ors [2024] IESC 10 (9 Apr 2024). The Supreme Court confirmed the legal effect of the 2021 Personal Injuries Guidelines. Judgments: Haughton J • Hogan J.
James v Halliday [2024] IEHC 281 (8 May 2024). The High Court stressed speed for conditions and lookout; rear-end cases aren't automatically one-way. Judgment (courts.ie).
Do I have to report every crash to Gardaí?
Not every minor scrape. You must report where injury occurs or when particulars can't be exchanged as required by law. When unsure, report and keep the PULSE reference.
Stop first, give clear particulars, and secure the scene.
Report "as soon as possible" when s.106 triggers apply.
Record the station, member name, and PULSE number.
Why it matters:
Non-reporting risks offences and weakens credibility later.
Next step:
Note your PULSE ref and see our Garda report guide.
Sources: Road Traffic Act 1961, s.106 • Citizens Information
Is the rear driver always at fault?
Often, but not always. Courts test lookout, speed for the conditions, lighting, and braking. Where both share blame, damages may be reduced.
Keep dash-cam, brake-light, and road-layout photos.
Note weather, traffic flow, and visibility at impact.
Get independent witness names and numbers early.
Why it matters:
Contributory negligence can lower payouts by a percentage.
Next step:
See our liability in car accidents explainer.
Sources: James v Halliday [2024] IEHC 281 • Personal Injuries Guidelines (PDF)
How long do I have to start a claim?
Usually two years from the "date of knowledge." For children, time runs from age 18 if a parent hasn't brought it earlier as next friend. Start sooner to line up reports.
Mark the accident date and your first GP visit.
Keep receipts and appointment letters together.
Track symptoms in a brief daily note.
Why it matters:
Missing the limit can end the claim regardless of merits.
Next step:
Check edge-cases on our time limits page.
Sources: Citizens Information — time limits (civil cases) • IRB — how the system works
Do I have to use the Injuries Resolution Board first?
Yes, for most road injury claims. IRB is an independent assessment step before any court case. Many matters resolve there.
Submit Form A and a medical report with the fee.
IRB may arrange an independent medical exam.
Assessment follows the Personal Injuries Guidelines.
Why it matters:
Skipping IRB risks delay or strike-out later.
Next step:
See our car accident claim process.
Sources: IRB — making a claim • Guidelines (PDF)
What if the other driver was uninsured or fled?
You may recover via MIBI if the claim fits the scheme rules. Act fast on reporting and evidence so coverage is protected.
Report to Gardaí and keep the PULSE reference.
Notify MIBI and save dash-cam/CCTV immediately.
Keep receipts for treatment, travel, and repairs.
Why it matters:
Scheme timelines and proof rules affect outcomes.
Next step:
Read our MIBI in Ireland explained.
Sources: MIBI — Making a claim • Citizens Information — motor accidents
Who pays if a pothole or road defect caused the crash?
A road authority may owe duties, but proof is strict. You'll need location accuracy, scale in photos, and prompt notice; expert input often helps.
Photograph the defect with a ruler or coin for scale.
Record GPS and report the issue promptly.
Seek an engineer's note where needed.
Why it matters:
Repairs can erase critical evidence within days.
Next step:
We'll lodge notice and preserve records while you recover.
Sources: Local Government — roads & transport services • CSO transport snapshot 2025
What evidence carries the most weight?
Time-stamped, independent, and objective material. CCTV and dash-cam top the list, followed by photos with metadata and witness statements.
Prioritise video and independent witnesses.
Save photo originals with metadata intact.
Get a same-day GP note for medical causation.
Why it matters:
Objective proof wins close liability disputes.
Next step:
Back up media to two places and note who has copies.
Sources: Citizens Information — motor accidents • IRB — evidence context
What if I wasn't wearing a seatbelt?
You can still claim, but the court may reduce damages for contributory negligence. The reduction depends on how non-use affected injury.
Explain injury mechanics with medical evidence.
Show road position, speed, and impact profile.
Expect a percentage deduction argument.
Why it matters:
Clear causation proof can limit any deduction.
Next step:
Discuss seatbelt issues with your GP and solicitor.
Sources: Guidelines (PDF) • Negligence & compensation basics
Legal costs & charging arrangements
We will explain likely legal costs and outlays in writing before starting work, in line with section 150 of the Legal Services Regulation Act 2015. Advertising rules apply; we do not make comparative claims or promises of outcomes. This page is general information, not legal advice.
Ask us how fees, outlays, and any applicable deductions are handled for your situation. We'll provide a written notice of legal costs and answer your questions in plain English.
Resources
- Citizens Information — Motor accidents
- Road Traffic Act 1961, s.106
- Injuries Resolution Board — Start a claim
- MIBI — Uninsured or untraced drivers
- Personal Injuries Guidelines (PDF)
Next: car accident claim process | time limit for a car accident claim | claim against an uninsured driver | liability in car accidents | Garda report
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
