Passenger Injury Claims After Car Accidents in Ireland
Passengers can claim even if a friend was driving. Most cases start with the Injuries Resolution Board. A valid application pauses time. MIBI helps where drivers are uninsured or untraced. Links below show each step.
Official guidance: IRB steps · Personal Injuries Commission Report · Skip to FAQs
What this page covers
Scope This page helps passengers hurt in Irish road collisions. It explains IRB steps, the s.8 letter of claim, time limits, uninsured or untraced drivers, evidence, and key Irish cases. It links to the official IRB site and state sources at first mention. IRB process · Government overview.
Passenger claims — how they differ
Answer in brief Passengers are rarely at fault. You claim against the negligent driver's insurer. If drivers share blame, claims can issue against both. Start with the IRB unless your case is excluded. IRB rules · Passenger basics.
Foreign-registered vehicle involved? MIBI, as Ireland's Green Card Bureau, can help while the correspondent is traced. MIBI foreign vehicle · MIBI claims.
The s.8 letter of claim (one-month notice)
Answer in brief Send a "letter of claim" within one month, or as soon as practicable, to the alleged wrongdoer. Courts may draw inferences on costs if it's late. Use recorded delivery and keep proof. Civil Liability and Courts Act 2004, s.8 · Practical overview.
From crash to IRB file — a simple timeline
Answer in brief Health first. Capture facts. Get medical proof. File a valid IRB application to pause time while assessed. IRB Act s.50 · IRB steps.
Who pays when you're a passenger?
Answer in brief The at-fault driver's insurer pays. If blame is split, insurers apportion liability. If the wrongdoer is uninsured or untraced, MIBI may compensate qualifying injury claims. MIBI claims · Government overview.
You don't claim on your own motor policy for injury as a passenger. The claim targets the negligent driver's insurer. Rear-end shunts tend to be clearer. Multi-vehicle collisions need close causation analysis. For taxis/PSVs, the liable driver's insurer responds; it's not the brand by default. IRB flow · RSA context.
Evidence that strengthens a passenger claim
Answer in brief Medical proof, clear accident facts, and tidy timelines drive outcomes. Keep a simple log of symptoms, appointments, and losses. DPC · Garda steps.
Ask for the Garda PULSE reference if they attend. Photograph seatbelt marks, airbag burns, and bruising early. Capture witness names. For taxis or rideshares, keep the booking ID and route map. In multi-car pile-ups, sketch vehicle order and impacts. Check dash-cam time settings so timestamps match Irish time. Evidence basics · Stats hub.
Since 31 March 2025, insurers must collect each named driver's Driver Number on issue or renewal. Noting it can speed cover checks and MIBI routing. MIBI update · Licence info.
Quick answers you can use
Voice summary: Passengers claim through IRB. The two-year limit applies, paused by a valid file. MIBI can cover uninsured or hit-and-run. Keep medical notes and early scene evidence.
Sense-check an IRB assessment
Answer in brief Use this quick checker to weigh an IRB assessment against injury severity and proven losses. It frames a talk with your solicitor. Guidelines · IRB steps.
Irish collision datapoints for context
Answer in brief Road outcomes shift year to year. These figures give context for passenger risk. RSA 2023 · RSA stats hub.
2023: 184 road deaths, up 19% on 2022; 34 were passengers. RSA · Stats hub.
2024 (to 28 Jul): 113 deaths; 24 passengers (provisional). RSA PDF · Provisional series.
2025 (to 27 Jul): 91 deaths; 8 passengers (provisional). RSA PDF · Provisional series.
Figures are provisional and can change as Garda data is validated.
Recent Irish decisions on passenger and uninsured-driver claims
Lynch v. Motor Insurers' Bureau of Ireland [2024] IEHC 587
High Court (Kennedy J.), 30 October 2024. Section 26 attempt failed; general damages awarded after separating pre-existing issues from incident-caused injury in a hit-and-run context under the MIBI scheme. Courts.ie PDF · MIBI scheme.
Farrell & Ors v. PIAB & Ors [2025] IEHC 504
High Court (Bolger J.), 17 September 2025. Costs awarded to applicants in PIAB guidelines judicial review tracking the Delaney lead case; the Court noted the Guidelines' footing via the 2021 Act and the applicants' reasonable conduct. Courts.ie PDF · Guidelines.
Personal Injuries Guidelines — proposals don't change awards until commenced
Courts apply the current Guidelines unless and until amendments commence. Proposals alone don't change award ranges. Judicial Council news · Current text.
Need help?
We advise passengers nationwide across Ireland. For tailored guidance on timelines, evidence, and outcomes, call 01 9036408 or request a callback.
Related internal reads (to avoid overlap here): uninsured driver claims and the car accident claim process.
Common questions around passenger injury claims
Can a passenger claim if their own driver caused the crash?
Yes. You can claim against your driver's insurer. Where both drivers share blame, claims can issue against both and liability is apportioned later. Start via the Injuries Resolution Board.
- Use Form A with a medical report and fee.
- Keep the s.8 letter and proof of delivery.
- Record Garda PULSE details if they attended.
Why it matters: You don't lose rights because you know the driver.
Next step: Begin an IRB file and preserve early evidence. IRB steps · Passenger basics.
Do passengers have to use the Injuries Resolution Board?
In most road-traffic personal injury cases, yes. File with the IRB before court. Medical negligence claims are excluded from the IRB process.
- Submit Form A plus the medical report and fee.
- Clock-stop applies once your application is valid.
- If assessment is rejected, you can proceed to court.
Why it matters: Missing the IRB stage can delay your case.
Next step: Check that your file is complete and valid. IRB process · IRB Act s.50.
What if the at-fault driver is uninsured or leaves the scene?
You may recover through the MIBI for qualifying injuries. Report the collision to Gardaí early and keep any identifying details you have.
- Save dash-cam, CCTV, and witness details.
- Record the vehicle registration if known.
- Note time, location, and Garda station.
Why it matters: Early reporting supports a MIBI claim.
Next step: Start an IRB file and contact MIBI where applicable. MIBI claims · Garda steps.
Does the two-year time limit ever change?
The standard limit is two years from the accident or date of knowledge. A valid IRB application pauses time while your case is assessed. For minors, time normally runs from age 18.
- Mark diary reminders for key dates.
- Check "date of knowledge" where injuries emerge later.
- Keep the IRB acknowledgment to prove clock-stop.
Why it matters: Late filing can end a claim even if liability is clear.
Next step: Confirm your limitation date now. Statute · IRB Act s.50.
Can I claim if I wasn't wearing a seatbelt?
Often yes. Compensation can be reduced if not wearing a belt made your injuries worse. How much reduction depends on the facts.
- Photograph belt condition and any seat damage.
- Get medical notes on mechanism of injury.
- Expect insurers to argue contributory negligence.
Why it matters: Belt use can change outcomes and award levels.
Next step: Gather evidence and get advice on the likely deduction. RSA seatbelts · Government guidance.
Should I accept an IRB assessment?
It depends on your injury severity and proven losses. Compare the assessment to the Guidelines and likely court value, including costs and risk.
- Balance speed and certainty versus potential uplift.
- Factor medical and engineering evidence needs.
- Map special damages and future loss clearly.
Why it matters: Accepting ends the case; rejecting can add time and costs.
Next step: Use the checker above and talk to your solicitor. Guidelines · IRB steps.
What information do insurers need from a passenger?
They need your medical report, accident basics, witness or Garda details, and sometimes the other driver's Driver Number to confirm cover faster.
- Keep booking IDs for taxis/rideshares.
- Save receipts and wage loss proofs.
- File DSARs where CCTV may exist.
Why it matters: Clean files speed liability decisions and payments.
Next step: Build a tidy evidence pack. MIBI update · Evidence basics.
How do children's claims work?
An adult can act as "next friend" to bring the claim sooner. The two-year limit usually runs from the child's 18th birthday. Court approval is needed for settlements.
- Keep school absence and activity impact notes.
- Save all medical letters and reports.
- Expect a court approval hearing on settlement.
Why it matters: Different timelines and approval rules apply to children.
Next step: Get advice on timing and approval steps. Government overview · Court rules.
Do I need to report every collision to Gardaí?
Report where there's injury or significant damage, and always report hit-and-run. The PULSE reference helps insurers and MIBI where needed.
- Call emergency services where anyone is hurt.
- Photograph the scene and vehicle positions.
- Note Garda station and attending names if possible.
Why it matters: Reports support liability and insurance checks.
Next step: File your report and add the PULSE number to your claim. Garda steps · MIBI claims.
Additional resources
Wikipedia: Personal Injuries Assessment Board · gov.ie portal · RSA statistics hub
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
