Car Accident Evidence Checklist Ireland: What to Collect and When
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: The evidence you gather after a car accident in Ireland directly shapes your claim's strength. Some evidence disappears within days—CCTV footage is typically overwritten after 28–30 days, so you've got roughly 7 days to act. Other evidence needs careful documentation before injuries heal or memories fade. This checklist organises everything by when you need to act, not just what to collect. For the Injuries Resolution Board (IRB)—formerly the Personal Injuries Assessment Board (PIAB) until 2023—your application isn't "deemed complete" under Section 50 of the PIAB Act 2003 [1] until you've submitted a medical report with a prognosis. Missing that detail is one of the most common stall points we see.
What's New (2025–26)
Driver Number now required for IMID verification (31 March 2025). IRB mediation option launched late 2024—35% opt-in, 3-month resolution.
Before You Start
Check your evidence isn't time-limited. CCTV overwrites in 28–30 days. Injury photos fade. Witness memories drift. Act within 7 days on anything perishable.
Eligibility Quick Check
Were you injured due to someone else's negligence on Irish roads? You likely have a valid claim. Even passengers, pedestrians, and cyclists qualify.
Self-Audit
Do you have: scene photos? Other driver's details? GP visit within 48h? If missing any, see which gaps you can still fill using this guide.
Quick Answers
Contents
Key Facts Grid
Why timing matters more than most checklists tell you
Generic evidence checklists say "take photos" and "get witness details." That's true, but it misses the point. Some evidence has a shelf life measured in days, not months. CCTV footage, bruising patterns, skid marks on wet roads—these disappear. Other evidence only becomes valuable once you understand what the IRB and courts actually weight when assessing claims.
A common mistake we see is people gathering mountains of evidence that doesn't help while missing the one piece that would've made the difference. The other driver's verbal admission at the scene? That's low on the evidence hierarchy. Independent CCTV showing them run the red light? That's at the top. This checklist prioritises evidence by both when it expires and how much weight it carries.
For reference: the IRB received 20,837 applications in 2024 and made 8,598 assessments, with 58% of applications being motor liability claims and a median award of €13,100. The average assessment time was 11.2 months, though the new IRB mediation option [6] (introduced late 2024) is resolving cases in roughly 3 months for those who opt in. Source: IRB Annual Report 2024 [7].
Ireland vs UK: Irish personal injury rules differ from UK rules. The two-year limitation period, IRB mandatory assessment, and Section 8 letter requirements are Ireland-specific. UK-based guides don't apply here—always verify with Irish sources like Citizens Information [19].
At the scene: immediate evidence ACT NOW
The moments after a collision are chaotic, but what you capture now may be impossible to recreate later. If you're physically able, prioritise these in order.
Photographs (before moving vehicles if safe)
Take wide shots showing the full scene—road layout, lane markings, traffic lights, and the final position of all vehicles. A close-up of a dented bumper tells a court very little about how the collision happened. The resting positions of the vehicles, relative to road markings and infrastructure, allow reconstruction of the impact geometry.
The 20-photo checklist
Work through this list systematically. Miss nothing.
- Wide shot of entire scene from your direction of travel
- Wide shot from the other driver's direction of travel
- Wide shot from each side of the road
- Your vehicle's front damage
- Your vehicle's rear
- Your vehicle's left side
- Your vehicle's right side
- Other vehicle's front damage
- Other vehicle's rear
- Other vehicle's left and right sides
- All registration plates (yours and theirs)
- Other driver's insurance disc in windscreen
- Skid marks with scale reference (coin, pen, water bottle)
- Debris field—glass, plastic, fluid on road
- Road markings, lane lines, junction layout
- Traffic lights, signs, speed limit signs
- Weather and visibility conditions (sky, wet road, fog)
- Any road defects (potholes, obscured signs, faded markings)
- Nearby CCTV cameras (note locations for later requests)
- Screenshot of your phone's GPS location and time
Metadata matters: Don't send photos via WhatsApp or Messenger—compression strips the GPS coordinates and timestamp embedded in the file. Email originals to yourself or upload to cloud storage (Google Drive, iCloud, Dropbox). This preserves the digital chain of custody. Source: Digital Evidence Good Practice Guide, Irish legal practice.
Exchange of details (Section 106 obligations)
Under Section 106 of the Road Traffic Act 1961 [8], drivers must exchange information at the scene. Collect:
- Full name and address of the other driver
- Vehicle registration number
- Insurance company and policy number (photograph the disc)
- Contact phone number
- Ask specifically: "Are you the registered owner?" If not, get the owner's name and address too—they're often the policyholder
This is not the same as admitting fault. You can exchange details while saying "I'll let the insurers sort out what happened."
Witness details
Independent witnesses—pedestrians, other drivers, shop staff—carry far more weight than passengers who are friends or family. Get names, phone numbers, and email addresses. If someone's reluctant, ask if you can note their vehicle registration. In serious liability disputes, this can later be traced.
Tip: If a witness is willing, ask them to voice-record a 30-second account on your phone, or send you a text describing what they saw. This "locks in" their version before memory fades or they're dissuaded from getting involved.
Multi-vehicle collisions: documenting the sequence
In pile-ups or chain-reaction crashes, who hit whom first determines liability allocation. The driver at the back isn't always at fault—each link in the chain may share responsibility.
- Sketch the positions: Draw a rough diagram showing where each vehicle ended up, numbered in order (Vehicle 1, Vehicle 2, etc.)
- Document each impact point: Your car may have damage to front and rear. Photograph each separately and note which was the first impact you felt.
- Get details from all drivers: Not just the one you think hit you—the cause may be two vehicles back.
- Note the sequence if you can: "I was stationary when Vehicle 2 hit me from behind, which pushed me into Vehicle 1 in front."
This matters because liability may be split between multiple parties. Your evidence about the chain of events affects how damages are apportioned.
What if you left without collecting evidence?
Many people arrive at this page having already left the accident scene—no photos, no witness details, maybe not even the other driver's information. Don't panic. Here's what you can still do:
- Return to the scene: Go back within 24 hours and photograph the road layout, junction, traffic lights, speed limits, and any CCTV cameras you can see. The road won't have changed.
- Request Garda scene photos: If Gardaí attended and took photos, you can request these through the PULSE system once you have your incident number.
- CCTV becomes critical: With no scene photos of your own, third-party footage is your best hope. Send those requests immediately—don't wait.
- Check your phone: Did you call anyone from the scene? Your call log proves you were there at that time. Any texts you sent describing what happened are contemporaneous evidence.
- Focus on what you can control: Medical records, injury photos, the Garda report, ongoing documentation. A claim can succeed without scene photos if other evidence is strong.
Within 24 hours: critical early steps 24H
Report to Gardaí
You must report any collision involving injury or significant damage to the Gardaí. Even if Gardaí didn't attend the scene (common for minor collisions), report at the nearest station to the crash location. Ask for and record the PULSE incident number—this is your receipt and key to all future Garda data. See Garda guidance [9].
For MIBI claims (uninsured or untraced driver), the deadline is stricter: report within 2 days or as soon as reasonably possible. Late reporting without good reason can defeat your claim. Source: MIBI Agreement 3.13 [5].
The PULSE number is not the same as the Garda Abstract (a formal summary requested later for court proceedings). You don't need the Abstract to start your IRB application. Waiting for it can waste months.
Seek medical attention
Visit your GP or A&E. This creates a medical record linking the accident to your injuries—crucial for causation. Even if symptoms seem minor, document them. Many injuries (whiplash, soft tissue damage) worsen over subsequent days, and late-appearing symptoms without early documentation face scepticism.
Tell the doctor:
- Exactly how the accident happened
- Which body parts hurt and how the pain feels
- Any limitations to movement or daily activities
- Whether symptoms started immediately or developed later
Photograph your injuries
Bruises, cuts, swelling, seatbelt marks, airbag burns—photograph them all. These marks fade within days. Take photos daily as injuries develop, then heal. This visual timeline corroborates your account and counters any suggestion of exaggeration.
Seatbelt marks and airbag burns deserve special attention. Photograph within 24–48 hours while they're still visible. Use a ruler or coin for scale. Seatbelt bruising across the chest/shoulder proves you were wearing a belt—important if contributory negligence is raised. Airbag deployment burns on hands or face show the collision force was significant. These marks fade quickly and can't be recreated later.
Notify your insurer
Most policies require notification within 24–48 hours. Check your policy terms. This is administrative, not the same as deciding whether to claim or accept fault.
The 7-day CCTV window URGENT
CCTV is often the strongest evidence in disputed liability cases—objective, time-stamped, and unbiased. The problem? Most systems automatically overwrite footage on a 28–30 day loop. Some use shorter retention (14 days for smaller businesses). By the time many people think about CCTV, it's gone.
Our rule of thumb: submit your CCTV request within 7 days of the accident. This allows time for the data controller to process your request before retention expires.
How to request CCTV under GDPR
Under GDPR Article 15 (your right of access), you can request footage containing your personal data (images of you and your vehicle). This is called a Subject Access Request (SAR). The data controller must respond within one month. Source: DPC guidance [3].
Your request should include:
- The specific date and time window (e.g., "9 January 2026, 14:30–14:45")
- Exact location (camera address or identifiable landmarks)
- Your vehicle registration and description
- A request to preserve the footage immediately pending processing
Sample CCTV request wording:
"I am making a Subject Access Request under Article 15 of the GDPR. I request a copy of all video footage containing my personal data (images of myself and my vehicle, registration [YOUR REG]) captured by your cameras at [ADDRESS] on [DATE] between [TIME] and [TIME]. Please ensure this data is preserved from deletion immediately pending the processing of this request. Failure to preserve this evidence following receipt of this request may constitute a breach of the Data Protection Act 2018."
Send this by email or recorded post—you need proof of the date you made the request. If they refuse or delay, you can complain to the Data Protection Commission [10].
For Dublin Bus, Luas, or Irish Rail, contact their Data Protection Officer directly (not general customer service). Include the route number, direction, and time.
Dash-cam footage
If you have a dash-cam, the footage may have already been overwritten if you've driven for hours since the accident. Dash-cams record on a loop—sometimes just a few hours. Remove the SD card immediately. Don't rely on the "lock" button.
Also check: is your dash-cam set to Irish time (GMT/IST)? Incorrect timestamps undermine credibility. And be aware that dash-cams record audio inside the cabin. What you said immediately after the collision is part of the evidence—exclamations like "I didn't see them" or aggressive swearing become discoverable.
Preserving dash-cam metadata
The footage file itself isn't enough—you need to preserve the metadata that proves when and where it was recorded:
- Don't edit or convert the file: Keep the original MP4/AVI format. Re-encoding strips EXIF data.
- Verify timestamp accuracy: Compare the dash-cam time to your phone's time. Note any offset (e.g., "dash-cam shows 14:32, actual time 14:35").
- Preserve GPS coordinates: If your dash-cam records location, export the GPX/GPS track file separately.
- Copy to two locations: SD card can corrupt. Copy to cloud storage (Google Drive, iCloud) and a local hard drive within 24 hours.
- Screenshot the file properties: Right-click → Properties → Details shows creation date, duration, and device info. Screenshot this before anything changes.
Ongoing documentation throughout your claim ONGOING
Medical records and treatment
Keep attending your GP whenever symptoms persist, change, or flare up. A gap in treatment creates an assumption of recovery. If you're in pain but don't tell your doctor, the court assumes you weren't in pain.
Request copies of:
- A&E triage notes and discharge summary
- GP visit notes
- Specialist referral letters
- Physiotherapy records
- Prescriptions and pharmacy dispensing history
Receipts for expenses (special damages)
The rule is simple: vouched or zero. If you can't prove the cost with a document, you can't recover it. Keep receipts for:
- GP visits, consultant fees, physiotherapy
- Medications (ask your pharmacy for a "patient dispensing history" printout)
- Travel to medical appointments (mileage log: date, from, to, km, purpose)
- Childcare costs if appointments required it
- Home help or domestic assistance
- Damaged items (clothing, phone, child car seat—replacement receipts)
Mileage log format: A simple spreadsheet works. Columns: Date | From | To | Kilometres | Purpose (e.g., "GP appointment"). The IRB accepts the Revenue-approved civil service mileage rate as a reasonable basis—currently around 59c per km for the first 1,500km.
Loss of earnings letter: Ask your employer to provide a letter on company letterhead confirming: dates of absence, whether sick leave was paid or unpaid, your normal salary, and any bonus/overtime you missed. Self-employed? Keep Revenue returns, bank statements showing reduced income, and invoices for any locum or replacement staff you had to hire.
Child car seat replacement: Even if the seat looks undamaged, manufacturers recommend replacement after any collision. Keep the receipt—this is a legitimate special damage. Photograph the old seat before disposal.
Pain diary
Not a rant book—a structured record. Note:
- Daily pain levels (0–10 scale)
- Functional limitations: "couldn't lift the kettle," "had to stop driving after 20 minutes"
- Sleep disruption
- Activities you've had to stop
- Medication taken (what, when)
Use timestamped emails to yourself or a notes app. This proves the diary was written contemporaneously.
Telematics and black-box data
If you have a telematics insurance policy (Aviva Drive, AIG black-box, or similar), your insurer holds GPS and driving data that could prove your speed, braking, and location at the time of the crash. This is your data—you can request it.
Submit a Subject Access Request to your insurer citing GDPR Article 15. Ask specifically for:
- GPS coordinates and timestamps for the accident date
- Speed readings before and at impact
- Harsh braking/acceleration events logged
- Any crash alert data transmitted
This data can corroborate your account (e.g., prove you weren't speeding) or reveal the other driver's telematics insurer, who may also hold relevant data.
Evidence sources most people overlook
Beyond the obvious photos and medical records, these lesser-known sources can strengthen your claim:
- Google Maps Timeline: If location history is enabled on your phone, Google stores your movements. Go to timeline.google.com, find the accident date, and screenshot your route—this proves you were at that location at that time.
- Call and text logs: Did you phone someone immediately after? "I've just been in an accident on the N11" sent at 14:32 is timestamped corroboration. Screenshot your call log and any texts.
- Met Éireann historical weather: The weather at the accident time and location is verifiable. Visit met.ie and retrieve the historical data for that date—rainfall, visibility, temperature. Free and official.
- Bank and card transactions: If you stopped at a petrol station or shop minutes before the accident, your transaction timestamp proves your route and timing.
- Local authority records: For road defect claims, councils hold maintenance logs, pothole reports, and inspection schedules. Submit a Freedom of Information request.
- Traffic light sequences: Local authorities can confirm light timing sequences at junctions. Relevant if the dispute is about who had the green light.
What the IRB actually needs to deem your application complete
Under Section 50 of the Personal Injuries Assessment Board Act 2003 [1], your application must be "deemed complete" for the two-year limitation period to pause. The clock doesn't stop when you submit Form A—it stops when the IRB has everything required.
What's required:
- Completed Application Form (Form A) with accident details, injuries, and respondent information
- Medical Report (Form B) from your treating doctor, including a prognosis—this is the most common stall point
- Receipts or vouchers for claimed special damages
- Payment of the €45 fee
- Proof of Section 8 compliance—your letter of claim to the respondent
The medical report must include diagnosis, treatment received, and a prognosis (expected recovery timeline and any permanent effects). Without prognosis, the IRB can't assess your claim—they'll request it and your application remains incomplete. Source: IRB Claimant Guide [11].
What each type of medical report must contain
| Report Type | Required Content | When You Need It |
|---|---|---|
| GP report (Form B) | Diagnosis, treatment given, medications prescribed, referrals made, prognosis with expected recovery timeline | All IRB applications—this is the minimum for "deemed complete" |
| Orthopaedic specialist | Detailed examination findings, imaging interpretation (X-ray, MRI), range of motion measurements, functional impact assessment, prognosis with percentage disability if permanent | Fractures, spinal injuries, joint damage, anything requiring surgery |
| Neurologist | Neurological examination, nerve conduction studies, cognitive testing results, chronic pain assessment | Head injuries, nerve damage, chronic pain syndromes |
| Psychological/psychiatric | Mental state examination, symptom timeline, diagnosis (PTSD, anxiety, depression), treatment recommendations, prognosis | Travel anxiety, PTSD, depression following accident |
For complex injuries, you may need reports from multiple specialists. The IRB can request additional medical evidence if the Form B is insufficient for the injury type claimed.
Experience insight: The prognosis requirement catches many people out. Some GPs won't provide one until you've "finished recovering"—but waiting too long risks the two-year deadline. In practice, you can submit a report saying recovery is expected within X months, with a note that a follow-up report will confirm final position if needed.
Section 8 letter deadline: 1 month, not 2
Before applying to the IRB, you must notify the person you're claiming against. Under Section 8 of the Civil Liability and Courts Act 2004 [4], this letter must be sent within one month of the accident (or one month of instructing a solicitor). This deadline was amended from two months via Section 13 of the Central Bank (National Claims Information Database) Act 2018 [12], effective January 2019. Some older guides still cite the two-month deadline—that's outdated.
Evidence hierarchy when liability is disputed
When the other driver denies fault, or both parties blame each other, the quality of your evidence determines the outcome. Courts and assessors weight evidence by objectivity, not volume. For a deeper look at how liability disputes play out, see our guide on disputed liability claims.
| Tier | Evidence Type | Why It's Weighted This Way |
|---|---|---|
| 1 (Highest) | Objective forensic: CCTV, telematics, GPS data, engineering reports | Time-stamped, machine-generated, unbiased |
| 2 | Independent witness testimony: pedestrians, uninvolved drivers | No relationship to either party |
| 3 | Contemporaneous documentation: A&E notes, initial GP records, scene photos | Created before "litigation mindset" set in |
| 4 | Interested party accounts: the claimant, passengers (family/friends) | Presumed loyalty discounts weight |
| 5 (Lowest) | Retrospective accounts: memories recalled months later | Subject to degradation and bias |
Source: Adapted from Irish civil procedure practice; see also James v Halliday [2024] IEHC 281 on context over position in rear-end cases.
The practical implication? Prioritise evidence from tiers 1–3. An independent witness who saw the accident is worth more than three passengers who are your friends. CCTV showing the light sequence is worth more than both parties' conflicting accounts.
Driver Number: new evidence requirement (2025)
From 31 March 2025, insurers must collect your Driver Number (from your driving licence) when you take out or renew motor insurance. This feeds into the Irish Motor Insurance Database (IMID) [13], enabling Gardaí to verify insurance cover roadside and via ANPR.
Evidence implications:
- If the other driver claims to be insured but their Driver Number doesn't match the policy, that's provable
- For uninsured or hit-and-run claims, capturing the registration is now more powerful—Gardaí can cross-reference IMID immediately
- Your own Driver Number should match your policy; discrepancies could complicate your claim
This enforcement has already shown results: in 2024, Gardaí seized 18,676 uninsured vehicles—up 67% on 2023. The proportion of uninsured private vehicles fell from roughly 1 in 12 (8% in 2022, per IMID Report) to about 1 in 25 (2024). Sources: Department of Transport [14]; MIBI seizures data [15]; MIBI Press Release April 2025.
Special situations: MIBI, passengers, and hit-and-run
Uninsured driver (MIBI) claims
If the at-fault driver has no insurance, your claim goes through the Motor Insurers' Bureau of Ireland (MIBI) [16]. For the complete process, see our detailed guide on claiming against an uninsured driver. Additional evidence requirements:
- Garda report within 2 days (or ASAP with documented reason for delay)
- Photograph of the other vehicle's registration and insurance disc (or absence of disc)
- Completed MIBI claim form [17]—phone calls don't count as formal notification
- For untraced vehicles (hit-and-run): available for MIBI interview within 30 days of your IRB application
If you were a passenger
As a passenger, you can claim against either driver (or both) depending on fault. Specific evidence needs:
- Driver Number of both vehicles (where possible)
- If in a ride-hail (Uber, Bolt, FreeNow), preserve your booking ID and trip receipt—screenshot within 24 hours as in-app receipts can become harder to access over time
- The ride-hail booking is timestamped, GPS-tracked proof you were in that vehicle at that location—stronger than your word alone
- If liability is shared between drivers, keep evidence separate for each respondent
Hit-and-run (untraced driver)
Evidence priority: anything that could identify the vehicle. Registration (even partial), make/model, colour, direction of travel. CCTV becomes critical. Witness statements describing the vehicle. Report to Gardaí immediately—this goes through MIBI, and late reporting undermines claims.
Claims involving children
When a minor (under 18) is injured, a parent or guardian acts as "next friend" in the claim. The evidence requirements are the same, but you'll need additional documentation:
- School absence records: Request a letter from the school confirming dates missed due to injury—this supports the claim for disruption to education.
- Activity impact diary: Note sports, hobbies, and social activities the child has had to stop or reduce. "Couldn't play GAA for 6 weeks" or "missed school swimming" documents real impact.
- Childcare arrangements: If a parent had to take time off work to care for the injured child, document this as a special damage (loss of earnings or replacement childcare costs).
- Photographs: The same rules apply—injuries, bruises, and healing progression. Just ensure you're photographing for medical/legal purposes with dignity.
Note: Settlements for minors require court approval. The court must be satisfied the settlement is in the child's best interests, so thorough documentation matters even more.
Seatbelt documentation and contributory negligence
Not wearing a seatbelt doesn't bar your claim—but it reduces your award. This falls under contributory negligence rules. Following the Froom v Butcher principle applied in Irish courts:
- 25% reduction if the seatbelt would have prevented your injuries entirely
- 15% reduction if it would have reduced the severity
- No reduction if it would have made no difference
Source: Irish case law applying Froom v Butcher [1976] QB 286; see also practitioner guidance [18].
To prove you were wearing a seatbelt:
- Photograph seatbelt marks across your chest/shoulder (within 24–48 hours while visible)
- Ask your doctor to note seatbelt-pattern bruising in medical records
- A&E triage notes often record seatbelt use—request these
Vehicle evidence before repair
Once your car goes into the garage, the physical evidence of the collision disappears. Before authorising any repairs:
- Get an independent engineer inspection: If liability is disputed or injuries are serious, consider paying for an independent engineer's report before repairs begin. They can assess impact speed, angle, and forces—impossible to determine once the car is fixed.
- Obtain multiple repair estimates: At least two, preferably three. This proves the repair cost is reasonable and strengthens your position if the insurer's estimate is low.
- Photograph damaged parts being removed: Ask the garage if you can photograph (or have them photograph) each damaged component as it's taken off. Bumper, panels, airbag housing, seatbelt tensioner—all of it.
- Keep replaced parts: In serious disputes, the physical parts may be needed for expert analysis. Ask the garage to store them until your claim is settled, or collect them yourself.
- Don't authorise repairs until the other insurer inspects: If the other side wants their engineer to inspect your vehicle, let them—but document everything yourself first. If you must repair urgently (e.g., only vehicle, needed for work), photograph extensively and notify all parties in writing before proceeding.
- Document write-off valuation: If the vehicle is written off, keep the insurer's valuation report and challenge it with comparable sales listings if it's too low.
How to organise your evidence
A folder structure that works:
/Car_Accident_[DATE] ├── /01_Scene_Photos │ ├── Wide_shots/ │ └── Damage_details/ ├── /02_Injury_Photos │ └── [Dated subfolders] ├── /03_Medical │ ├── AE_records/ │ ├── GP_notes/ │ └── Specialist_reports/ ├── /04_Receipts │ ├── Medical/ │ ├── Travel_mileage/ │ └── Other_expenses/ ├── /05_Correspondence │ ├── Section_8_letter/ │ ├── Insurer/ │ └── CCTV_requests/ ├── /06_Witness_Statements └── /07_Garda_PULSE_Docs
File naming convention: [YYYY-MM-DD]_[Type]_[Description].pdf
Example: 2026-01-09_Receipt_Physio_session1.pdf
Back up to two locations (cloud + local). If you're working with a solicitor, share a folder they can access.
Mistakes that weaken claims
- Waiting too long for CCTV: By day 28, it's often overwritten. Act within 7 days.
- Gaps in medical treatment: No GP visit for 6 months? The assumption is you recovered on day 2.
- Losing receipt metadata: A faded, undated receipt is worth far less than a timestamped pharmacy printout.
- Social media contradictions: Photos of you hiking or at the gym can be used to argue you're not injured—even if you were in pain while doing those things. Keep profiles private and avoid posting about physical activities during your claim.
- Inconsistent accounts: What you told the Garda at the scene, your GP days later, and your IRB application months later must align. Discrepancies get exploited in cross-examination.
- Missing the Section 8 deadline: It's 1 month, not 2. Miss it and your claim hits procedural problems.
- Verbal admissions from the other driver: "They said sorry"—that's low-tier evidence. Prioritise objective proof.
Frequently Asked Questions
What evidence do I need after a car accident in Ireland?
At minimum: scene photographs, exchanged details (registration, insurance, contact info), Garda PULSE reference, medical records starting within 24 hours, and receipts for all expenses. For stronger claims, add CCTV footage, independent witness statements, and a pain diary.
- Scene photos before vehicles move
- Garda report within 24 hours (2 days for MIBI)
- Medical records with causation link
- All expense receipts (vouched or zero)
Why it matters: The IRB and courts weight evidence by objectivity and timing. Missing early evidence is hard to fix later.
More detail: IRB process [2] • Garda guidance [9]
How long do I have to request CCTV footage?
Most systems overwrite after 28–30 days, some after 14 days. Submit your GDPR Subject Access Request within 7 days to ensure processing time before footage is lost.
- Use Article 15 GDPR language
- Request preservation immediately
- Send by email or recorded post
- Data controller has 1 month to respond
Why it matters: CCTV is often the strongest evidence in disputed cases. Once overwritten, it's gone forever.
More detail: DPC guidance [3]
What if I didn't get witness details at the scene?
Focus on alternative objective evidence: CCTV requests to nearby businesses, your dash-cam footage, and any passing vehicles that might have dash-cams (if you noted registrations). Check social media for posts from people who may have seen the incident.
- CCTV is the best alternative
- Your own dash-cam footage
- Forensic evidence (skid marks, debris)
- Consider a public appeal if serious
Why it matters: Independent witnesses are valuable but not irreplaceable. Objective evidence can fill the gap.
More detail: See evidence hierarchy section
Does not wearing a seatbelt affect my claim?
It doesn't bar your claim, but it can reduce your award. If the seatbelt would have prevented your injuries, expect a 25% reduction. If it would have reduced severity, 15%. If it would have made no difference, no reduction applies.
- 25% if belt would have prevented injuries
- 15% if belt would have reduced severity
- No reduction if no difference
- Medical evidence determines which applies
Why it matters: Contributory negligence reduces awards but doesn't eliminate claims. Document seatbelt use if possible.
More detail: Seatbelt documentation section
What medical report does the IRB need?
A Form B medical report from your treating doctor, including diagnosis, treatment, and—critically—a prognosis (expected recovery timeline and any permanent effects). Without prognosis, your application isn't "deemed complete" under Section 50.
- Must include prognosis (most common gap)
- From your treating GP or specialist
- Links your injuries to the accident
- Details treatment received and ongoing needs
Why it matters: Missing prognosis stalls applications. The two-year clock keeps running until your application is complete.
More detail: IRB Claimant Guide [11]
The Gardaí didn't attend the scene. Is my claim affected?
No, if you report promptly at the station and gather your own evidence. Garda non-attendance at minor collisions is common. Report within 24 hours, get your PULSE reference, and compensate with strong photographic evidence and witness details.
- Report at nearest station to crash site
- Request and record PULSE number
- Your scene photos become more critical
- Independent witnesses more important
Why it matters: Garda attendance isn't required for valid claims. Your own evidence collection becomes the foundation.
More detail: Garda guidance [9]
How long do I have to make a claim after a car accident?
For personal injury: two years from the accident (or from your "date of knowledge" if injuries appeared later). This is paused once your IRB application is "deemed complete." For property damage only: up to six years.
- Injury claims: 2 years from accident/knowledge
- Property damage: 6 years
- Clock pauses when IRB application is complete
- But you must have prognosis in medical report
Why it matters: Missing the deadline bars your claim entirely. Don't wait until the two-year mark to start.
More detail: Citizens Information [19]
What is IRB mediation and should I use it?
Since late 2024, the IRB offers mediation as an alternative to the standard assessment. It's voluntary for both parties. Average resolution time is about 3 months compared to 11.2 months for assessment. Opt-in rate is around 35%.
- Both parties must agree
- Faster resolution (3 months typical)
- Neutral mediator guides settlement discussions
- No cost beyond standard IRB fee
Why it matters: If both sides are reasonable, mediation can resolve your claim much faster.
More detail: IRB mediation [6]
What to Consider Next
Once you've gathered your initial evidence, these follow-up questions often arise:
Should I accept the IRB assessment or reject it?
It depends on your injuries and circumstances. You have 28 days to accept or reject the assessment. If you reject, you can pursue your claim through the courts—but you'll need strong evidence that the assessment undervalued your injuries. Many claimants accept assessments that fall within the Personal Injuries Guidelines ranges.
When should I involve a solicitor?
Consider engaging a solicitor early if: liability is disputed, your injuries are serious or ongoing, multiple parties are involved, or the other driver was uninsured. For straightforward claims with clear liability and minor injuries, you can navigate the IRB process yourself—but professional advice before accepting any assessment is worthwhile.
What happens if my injuries worsen after settlement?
Once you accept an IRB assessment or court settlement, it's final. You can't reopen the claim if injuries deteriorate. This is why the prognosis in your medical report matters—it should account for potential long-term effects. If your condition is still evolving, wait until your treating doctor can provide a firm prognosis.
References
All sources accessed January 2026 unless otherwise noted. Irish Statute Book citations are to official published versions.
- Personal Injuries Assessment Board Act 2003, Section 50 — Irish Statute Book
- Making a Claim — Injuries Resolution Board (January 2026)
- Right of Access (Subject Access Request) — Data Protection Commission
- Civil Liability and Courts Act 2004, Section 8 — Irish Statute Book
- MIBI Agreement 2009 — Motor Insurers' Bureau of Ireland
- Mediation — Injuries Resolution Board (2025)
- Annual Reports — Injuries Resolution Board
- Road Traffic Act 1961, Section 106 — Irish Statute Book
- Road Traffic Collision guidance — An Garda Síochána (2025)
- Raising a Concern — Data Protection Commission
- Claimant Guide — Injuries Resolution Board (2025)
- Central Bank (National Claims Information Database) Act 2018, Section 13 — Irish Statute Book
- IMID Report 2024 — Motor Insurers' Bureau of Ireland
- Driver Number legislation — Department of Transport (2025)
- 2024 seizures data — Motor Insurers' Bureau of Ireland
- Uninsured Vehicles — Motor Insurers' Bureau of Ireland
- MIBI Claim Form — Motor Insurers' Bureau of Ireland (May 2024)
- Contributory Negligence guidance — Lacey Solicitors
- Injuries Resolution Board — Citizens Information
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary based on your specific circumstances. Awards are assessed using the Personal Injuries Guidelines 2021 (which replaced the Book of Quantum) and individual case facts. Consult a qualified solicitor for advice specific to your situation.
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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