Road Injury Claims Ireland: Complete Guide
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 •
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.
A road injury claim in Ireland is a legal action for compensation by anyone injured on an Irish road through another person's negligence. Eligible claimants include car drivers, passengers, cyclists, pedestrians, motorcyclists, and e-scooter riders. Most claims must first go through the Injuries Resolution Board (IRB) — formerly the Personal Injuries Assessment Board (PIAB) until 2023. Since December 2024, the IRB also offers free mediation for road traffic claims, resolving cases in roughly three months compared with 11 months for standard assessment. The Personal Injuries Guidelines (2021) set compensation bands; the median motor-liability award stood at €12,510 in 2024.
What is a road injury claim in Ireland?
A road injury claim — also called a road traffic accident claim or RTA claim — is the legal process for seeking compensation after being injured in a collision on an Irish road. It covers all road traffic accidents including car crashes, motorcycle collisions, cyclist knockdowns, pedestrian impacts, and e-scooter incidents. The term "road traffic accident claim" and "road injury claim" are used interchangeably in Irish law; the IRB, courts, and insurers treat them identically.
Quick answer: Get safe → see GP within 24 hours → exchange details → report to Gardaí → submit to IRB (choose assessment or mediation) → accept award or proceed to court. Two-year time limit from date of knowledge. Sources: IRB; Citizens Information.
Road injury claims in Ireland: 2024 data snapshot
Sources: IRB Annual Report 2024; IRB Motor Liability Report (May 2025); Central Bank NCID.
Contents
Who can make a road injury claim in Ireland?
Any person injured on an Irish road through another party's negligence can pursue a compensation claim, regardless of their mode of transport. Eligible claimants include car drivers, car passengers, cyclists, pedestrians, motorcyclists, e-scooter riders, and public transport passengers. Negligence means the other party owed you a duty of care and breached it — by speeding, running a red light, failing to yield, or otherwise driving carelessly. See the Citizens Information guide to motor accidents for first steps.
You don't need to be entirely blameless. Under Section 34 of the Civil Liability Act 1961, Irish courts apportion fault based on each party's contribution to the accident. If you were 20% responsible, your compensation reduces by 20% — but you still recover the remaining 80%. One detail that catches many claimants off guard: contributory negligence reductions in Irish courts typically range from 10% to 50%, depending on specific factors such as failing to wear a seatbelt, using a mobile phone, or cycling without lights after dark.
From handling road injury cases in Irish courts, these are the reduction ranges that courts apply most often: no seatbelt worn, 10–25% reduction; using a mobile phone at the time of the collision, 15–30%; cycling or walking on an unlit road without reflective clothing or lights, 20–40%; not wearing a motorcycle helmet, 15–25%. Insurers frequently argue for the higher end of these ranges, so the precise reduction depends on how directly the claimant's behaviour contributed to the severity of the injury, not just whether the behaviour occurred.
Full guides for each road user type: Road users • Car accident claims • Cyclist claims • Pedestrian claims • E-scooter claims.
What are the three IRB pathways for road injury claims in Ireland?
Road injury claimants in Ireland now have three resolution pathways through the Injuries Resolution Board, not one. Until December 2024, the IRB offered only assessment. Since the extension of mediation to motor liability claims, claimants can choose a route that fits their circumstances.
| Feature | Assessment | Mediation (since Dec 2024) | Court (after authorisation) |
|---|---|---|---|
| Average time | 9–11 months | ~3 months | ~5.1 years (litigation average) |
| Cost to claimant | €45 IRB fee | Free | Average ~€19,000 in legal costs |
| Handles disputed liability? | No — respondent must consent | Yes — can address fault disputes | Yes |
| Confidential? | No | Yes | No (public hearing) |
| Outcome | Binding Order to Pay if accepted | Binding if both accept (10-day cooling-off) | Court judgment |
| Opt-in rate (2024) | Standard route | 35% of eligible claimants | ~50% of IRB assessments rejected |
Sources: IRB mediation guidance; IRB Annual Report 2024; Law Society Gazette (July 2025).
Early data from the IRB's mediation pilots shows that roughly half of mediated claims reach settlement without proceeding to assessment or court. Among claimants who opted in during 2024, mediation resolved cases in an average of three months, compared with 11.2 months for standard IRB assessment and 5.1 years for litigation. The cost difference is equally stark: the IRB estimates that settling through its process rather than through court saved €284 million in legal fees across motor-liability claims between 2019 and 2024. Source: IRB Annual Report 2024 [4].
When mediation helps most: The IRB assessment process cannot handle cases where the other party disputes fault. Mediation can. If liability isn't clear-cut — say a junction collision where both drivers claim right of way — mediation lets a trained, impartial mediator help both sides negotiate. The difference between assessment and mediation often comes down to whether fault is agreed. Full guide: IRB process.
What happens if the other side refuses to engage? After you submit your IRB application, the respondent has 90 days to consent to the Board assessing your claim. If they consent, assessment typically takes 9 months. If they refuse or simply don't respond within 90 days, the IRB issues an Authorisation — a document that allows you to issue court proceedings. An Authorisation is not a rejection of your claim. It means the administrative stage is complete and your case moves to litigation. You then have six months from the Authorisation date to file proceedings, or the authorisation lapses. Source: Citizens Information [2].
What the IRB does NOT handle. Three types of road-related claims bypass the IRB entirely: medical negligence (for example, a surgeon who worsens your road injury during treatment goes straight to court), property-only damage with no personal injury (vehicle repair disputes are handled directly with the insurer or through the courts), and claims already past the authorisation stage (once the IRB issues an Authorisation, the Board's role is finished). If your road accident led to medical negligence during treatment, you may have two separate claims — one through the IRB for the collision injuries, and one directly to court for the treatment. Source: IRB — making a claim [1].
Detailed IRB guides: IRB application steps • Documents checklist • Assessment explained • Accept or reject • Common delays.
The Three-Pathway Decision Test. Before choosing your IRB route, ask three questions: (1) Does the other side accept fault? If no, mediation is likely your only IRB option. (2) Is your recovery complete and documented? If yes, assessment can work. If no, mediation's flexibility may suit better. (3) Are you prepared to go to court if needed? If either party rejects the IRB outcome, authorisation leads to litigation. This Three-Pathway Decision Test helps you match your circumstances to the right route.
Unlike in England and Wales, where there is no equivalent mandatory assessment body, Irish law requires almost all road injury claims to pass through the IRB before court proceedings can begin. The UK system allows claimants to issue court proceedings directly after a pre-action protocol. Ireland's IRB gateway is a distinctive feature of the Irish system that slows the process but reduces legal costs significantly. At this point, you'll need to decide whether to pursue assessment, mediation, or prepare for possible court proceedings.
What changed in Ireland's injury claim system in 2025–2026?
Ireland's personal injury system changed more in 2024–2026 than in any period since the IRB was created in 2004. Four developments directly affect anyone making a road injury claim today:
1. Personal Injuries Guidelines frozen at 2021 levels. The Judicial Council proposed a 16.7% uplift in February 2025 to reflect inflation since 2021. The Government did not bring it before the Oireachtas, so the original 2021 values remain in force. The maximum general damages figure stays at €550,000 for catastrophic injuries. Source: Judicial Council [12]; RTÉ News (July 2025) [14].
2. Civil Reform Bill 2025 (General Scheme published January 2026). If enacted, this Bill raises the Circuit Court's personal injury jurisdiction from €60,000 to €100,000 — meaning more cases stay in the faster, cheaper Circuit Court rather than the High Court. It also replaces discovery with a 28-day early document production deadline for claimants. Source: Department of Justice (January 2026) [7].
3. Kirwan v Connors [2025] IESC 21 — the delay test. The Supreme Court replaced the 30-year-old Primor test with a sliding-scale approach: two years of total inactivity creates a presumption of prejudice; five years of inactivity ordinarily results in your claim being struck out. Acting promptly matters more than ever. Source: Courts Service [13].
4. Judicial Council (Amendment) Bill 2026. This extends the Guidelines review cycle from three to five years and requires the Council to consult the IRB and benchmark against EU and UK award levels before proposing future changes. Source: Irish Legal News (January 2026) [15].
Key case law affecting road injury claims in Ireland (2024–2025)
Kirwan v Connors [2025] IESC 21 (Supreme Court, 30 May 2025)
Holding: The Supreme Court replaced the Primor test for dismissing claims for delay. A "sliding scale" now applies: two years of total inactivity creates a presumption of prejudice; five years ordinarily results in dismissal regardless of the defendant proving specific harm.
Why it matters for road injury claims: Claimants who file an IRB application but then let court proceedings stall after authorisation face a real risk of losing their case entirely, even if liability is clear. The practical effect is that every procedural step must be progressed actively. Source: Courts Service [13].
Delaney v The Personal Injuries Board [2024] IESC 10 (Supreme Court, 9 April 2024)
Holding: The Supreme Court confirmed the constitutionality of the 2021 Personal Injuries Guidelines but found that the Judicial Council lacked power to adopt them without Oireachtas approval. The Courts, Civil Law, Criminal Law, and Superannuation (Miscellaneous Provisions) Act 2024 subsequently fixed this by requiring all future guideline amendments to pass through the Oireachtas.
Why it matters for road injury claims: Any future change to compensation bands must now be approved by the Dáil and Seanad, not just the Judicial Council. This is why the proposed 16.7% uplift in 2025 failed — it required parliamentary approval that was never sought. The 2021 rates remain the only legally binding values. Source: Judicial Council [12].
The Special Damages Inflation Gap. While general damages (pain and suffering) are frozen at 2021 rates, special damages are not governed by the Guidelines. The IRB reports that median special damages rose 26% from 2020, driven by higher medical costs, physiotherapy fees, and lost earnings. This Special Damages Inflation Gap means your financial losses — GP visits, scans, travel to appointments, lost wages — are assessed at current prices, while your pain-and-suffering award stays pegged to 2021. Understanding this gap is critical when evaluating whether an IRB assessment fairly reflects your total losses. Source: IRB reports [4].
Claims by road user type
Different road users in Ireland face different liability rules, evidence requirements, and injury profiles. Your mode of transport at the time of the accident shapes how your claim is built.
| Road user | Key consideration | Detailed guide |
|---|---|---|
| Car driver | Fault determined by negligence of other driver. Insurance covers most claims. | Car accident claims |
| Car passenger | Can claim against any at-fault driver (including the driver of the car you were in). | Passenger claims |
| Cyclist | Awarded €53 million in compensation 2019–2024. Helmet evidence matters for contributory negligence. | Cyclist claims |
| Pedestrian | Claims rose 15% in 2024. Five-fold higher fatality risk than car occupants. | Pedestrian claims |
| Motorcyclist | Severe injury patterns: road rash, fractures, TBI. Higher average awards. | Motorcyclist claims |
| E-scooter rider | Critical MIBI gap: private PPT e-scooters exempt from insurance; MIBI doesn't cover them. | E-scooter claims |
| Public transport | Operator liability (bus, Luas, train). State Claims Agency may be involved. | Public transport claims |
Source for cyclist and pedestrian data: IRB Motor Liability Report (May 2025).
How much compensation can you get for a road injury in Ireland?
Compensation for road traffic accident injuries in Ireland splits into general damages (pain and suffering) and special damages (financial losses), assessed under the Personal Injuries Guidelines (2021) — formerly the Book of Quantum until 2021. The Guidelines set valuation bands by injury type and severity. The IRB and courts must have regard to these bands when making awards.
According to the IRB Motor Liability Report (May 2025), the median motor-liability award in 2024 was €12,510 — a 29% decrease from the pre-Guidelines median in 2020. However, the average award was €17,333, pulled higher by a growing proportion of moderate-to-severe injury assessments (up from 14% in 2022 to 20% in 2024).
The cost of reaching that award depends heavily on which pathway you take. Cross-referencing IRB data with the Central Bank's National Claims Information Database (NCID) reveals a striking gap: 76% of all motor injury costs in Ireland are associated with litigated claims, yet only 17% of injury claims settle through the IRB. The average cost of settling through the IRB is roughly €2,000, compared with approximately €19,000 through litigation. For claims valued under €100,000, resolving through the IRB or mediation almost always leaves more money in the claimant's pocket after legal costs.
| Injury | Severity | Guideline range |
|---|---|---|
| Neck (whiplash-type) | Substantially recovered <2 years | €500 – €3,000 |
| Neck | Moderate (some permanent limitation) | €15,000 – €32,000 |
| Back | Moderate (persisting pain, stiffness) | €15,000 – €30,000 |
| Hip | Severe (requiring joint replacement) | €46,300 – €94,500 |
| Wrist | Serious (permanent disability, some function) | €40,000 – €60,000 |
| Psychiatric (PTSD) | Moderately severe | €25,000 – €50,000 |
| Catastrophic (e.g., paraplegia) | Maximum | Up to €550,000 |
Psychological injuries are compensable as standalone claims in Ireland even without a physical injury. Anxiety, depression, driving phobia, and post-traumatic stress disorder caused by a road accident are recognised injuries under the Personal Injuries Guidelines. The IRB reports that psychiatric injuries accounted for 16% of all motor-liability awards in 2024, with car passengers the most affected group. You do NOT need a broken bone or visible injury to have a valid claim. What you do need is a comprehensive report from a psychiatrist or clinical psychologist linking the psychological condition directly to the trauma of the collision. Full guide: Psychological injuries.
The timing matters more than most guides suggest: accept an IRB assessment only when your recovery has stabilised and your documented losses are complete. Accepting too early — while still attending physiotherapy or awaiting further scans — may undervalue your claim. Full guide: Compensation and damages • Car accident compensation.
How the IRB values your claim. The assessor reviews your treating doctor's medical report, maps each injury to the relevant category in the Personal Injuries Guidelines, and identifies the dominant injury — the one causing the greatest impact on your life. Where you have multiple injuries (for example, a neck injury plus a knee injury plus anxiety), the assessor does not simply add up each category's maximum. Instead, the IRB applies a proportional discount to avoid double-counting overlapping effects, arriving at a single general damages figure that reflects overall impact. Special damages — your documented financial losses — are then added on top without any cap. The Judicial Council reinforced this proportional approach in its December 2024 draft amendments, and courts apply the same methodology. Source: Personal Injuries Guidelines (2021) [3].
What evidence do you need for a road injury claim in Ireland?
Complete, early evidence is the single strongest predictor of a faster IRB resolution in Ireland. Files with a medical report, tidy receipts, and clear contact details move through the system weeks faster than incomplete applications.
Within 24 hours: see your GP and describe every symptom, even minor ones. This creates the contemporaneous medical record that anchors your "date of knowledge" for limitation purposes. One aspect the official guidance doesn't cover: GPs' initial attendance notes are the first document insurers and the IRB review — vague notes weaken your position from day one.
At the scene (if safe): photograph vehicles, road markings, weather conditions, and any visible injuries. Exchange names, addresses, insurance details, and vehicle registration numbers. Note independent witness names and contact details. Request dashcam footage from any nearby vehicles.
In the weeks after: keep a symptom diary noting pain levels, sleep disruption, and activity limitations. Retain every receipt — GP visits, prescriptions, physiotherapy, parking at appointments, taxi fares, and lost earnings documentation. Request CCTV footage within 7–30 days (most systems overwrite automatically).
The IRB's published data shows that the most common reason applications stall is incomplete documentation. We call this the Evidence Completeness Threshold — the point at which your file contains everything the Board needs to deem your application complete under Section 50 of the IRB Act. Falling below this Evidence Completeness Threshold adds weeks or months of unnecessary delay. The items are straightforward: a medical report from your treating doctor, proof of financial losses, your completed application form, and your PPS number. Missing any single item can hold up the entire process.
If you were a driver: your own dashcam and the other driver's insurance details are the priority evidence. If you were a cyclist or pedestrian: independent witness statements carry extra weight because there's no vehicle data to corroborate your account. If you were on an e-scooter: check whether the rental operator's telemetry data (GPS, speed, braking) is available via a GDPR Subject Access Request.
Full evidence guides: Evidence • Evidence checklist • Dashcam and CCTV • Witness statements • GP visit timing • Black box and telematics data.
Mistakes that weaken or destroy road injury claims in Ireland. Knowing what to gather is half the battle. The other half is knowing what NOT to do:
- Posting about the accident on social media. Insurers routinely screenshot posts, photos, and check-ins. A photo of you at a social event while claiming you can't leave the house creates a credibility problem that's difficult to undo.
- Giving a recorded statement to the other driver's insurer without getting legal advice first. Anything you say can be used to reduce your claim. You have no obligation to provide one.
- Missing follow-up GP or physiotherapy appointments. Gaps in your medical records let insurers argue your injuries weren't serious enough to need consistent treatment.
- Accepting an early settlement before recovery stabilises. Once you accept, you cannot reopen the claim if your condition worsens or new symptoms emerge.
- Exaggerating or misrepresenting injuries. Under Section 26 of the Civil Liability and Courts Act 2004, a court that finds a claimant gave false or misleading evidence can dismiss the entire claim — even the genuine parts of it.
How long do you have to make a road injury claim in Ireland?
You generally have two years from the date of the road traffic accident — or the "date of knowledge" — to initiate a road injury claim in Ireland. The date of knowledge is when you first knew, or ought reasonably to have known, that you suffered a significant injury caused by another's negligence. For delayed-onset injuries (whiplash symptoms appearing days later, concussion effects weeks later), this date may be later than the accident itself.
A shorter deadline that many claimants miss: you should notify the person you're claiming against (the respondent) within one month of the accident. This isn't a hard statutory bar in the way the two-year limit is, but failing to notify promptly can weaken your position with the IRB and give the respondent grounds to argue prejudice. Source: Citizens Information [2].
Key exceptions: for children, the two-year clock doesn't start until their 18th birthday. If a parent doesn't file before then, the child can bring the claim as an adult. The limitation clock pauses while the IRB is assessing or mediating your case — so IRB time doesn't count against you. Source: Citizens Information [2].
Unlike in England and Wales, where the limitation period for personal injury is three years under the Limitation Act 1980, Ireland's two-year limit is shorter and less forgiving. Claimants who research their rights using UK-based websites risk assuming they have an extra year. The Irish rule, under the Statute of Limitations 1957 (as amended), leaves less room for delay.
If your symptoms appeared immediately: your two-year clock starts on the accident date. If symptoms appeared days or weeks later: the clock may start from the date you first attended a GP and received a diagnosis linking symptoms to the crash. If you're claiming for a child: the clock starts when the child turns 18, giving them until age 20 to file. If you missed the deadline: speak to a solicitor urgently, as the "date of knowledge" exception may still apply in limited circumstances.
How the "date of knowledge" works in practice. Suppose you're in a rear-end collision on a Monday. You feel stiff but otherwise fine. By Friday, persistent neck pain, headaches, and difficulty turning your head lead you to visit your GP. The GP records a likely whiplash diagnosis linked to Monday's collision. In this scenario, your two-year limitation clock starts from Friday (the GP visit that established the link between your symptoms and the crash), not from Monday (the accident date). The IRB statistics don't capture how often "date of knowledge" disputes arise, but insurers challenge this date routinely, which is why that first GP visit and its clinical notes are so important. Full guide: Delayed symptoms after a car accident.
After Kirwan v Connors [2025]: Even within the two-year limit, any period of total inactivity in your proceedings now carries risk. Two years without a procedural step creates a presumption of prejudice; five years of inactivity means your claim will ordinarily be struck out. Don't let paperwork stall.
Full guide: Time limits for car accident claims.
Vulnerable road users: who is most at risk
Pedestrians, cyclists, motorcyclists, and older adults face disproportionate injury and fatality rates on Irish roads. The IRB's Motor Liability Report (May 2025) examined 76,535 claims over six years and found alarming trends:
- Pedestrian claims rose 15% in 2024 alone, with a five-fold higher fatality risk compared to other road users.
- Adults over 65 saw a 38% rise in claims over the two years to 2024, and accounted for one in four fatal incidents.
- E-scooter and e-bike claims totalled 168 between February and December 2024 — the first year the IRB tracked them separately.
- Neck and back injuries comprised 58% of all motor-liability awards in 2024; psychiatric injuries accounted for 16%.
Source: IRB Motor Liability Report and Vulnerable Road User Series (2025) [4].
Quick eligibility check. You may have a road injury claim in Ireland if all three apply: (1) you were injured on an Irish road, (2) someone else's negligence contributed to the accident, and (3) you're within the two-year time limit. The IRB does NOT require you to prove the other party was 100% at fault — partial fault on their side is enough. You CAN claim even if you were partly responsible. This is not legal advice; every case depends on its specific facts.
Uninsured or hit-and-run drivers (MIBI)
If the at-fault driver was uninsured or fled the scene, the Motor Insurers' Bureau of Ireland (MIBI) can compensate you under the MIBI Agreement (2009). Report to Gardaí promptly (within two days or as soon as reasonably possible), formally notify MIBI using their signed claim form, and submit your injury claim through the IRB as normal — adding MIBI as respondent.
A detail that surprises clients: for hit-and-run cases where the vehicle cannot be traced, MIBI only covers property damage if you were hospitalised for 5+ days as an inpatient, subject to a €500 excess. Injury claims against untraced drivers are handled separately and aren't subject to this hospital requirement. Source: MIBI Agreement cl. 7.1 (PDF) [10].
Full guide: Claiming against an uninsured driver • MIBI explained.
Fatal road accident claims
When a road accident causes a death in Ireland, the deceased person's family can pursue a compensation claim under the Civil Liability Act 1961. A "dependant" — typically a spouse, partner, parent, or child — can claim for mental distress, loss of financial support, and funeral expenses. Fatal claims follow the same IRB pathway as injury claims, but the legal and evidential requirements differ significantly. The Garda investigation, coroner's inquest, and any criminal proceedings run in parallel with the civil claim and don't prevent it. Fatal claims are among the most complex road injury cases and almost always require specialist legal support. Full guide: Fatal car accident claims.
Accident types and liability
Liability rules in Ireland shift depending on how the collision occurred. Different accident types carry different fault presumptions, evidence requirements, and injury profiles. The IRB assesses each case individually against the Personal Injuries Guidelines.
Detailed guides by accident type: Accident types • Rear-end collisions • Roundabout accidents • Junction accidents • Car park accidents • Motorway accidents • Side-impact (T-bone) • Tyre blowout • Aquaplaning • Chain reaction pile-ups • Fog collisions.
Full guide index
Every topic below has its own dedicated page. Use this index to find exactly what you need.
IRB / PIAB process
- IRB process overview
- Application steps
- Documents checklist
- Assessment explained
- Accept or reject
- After authorisation
- Delays
Compensation & damages
Frequently asked questions
How long does a road injury claim take in Ireland?
Most claims resolved through the IRB take 9–11 months from when the respondent consents to assessment.
Mediation, available since December 2024, averages roughly three months. If neither party accepts the IRB assessment and the case goes to court, litigation averages 5.1 years to settle. The type of pathway you choose has a bigger impact on timeline than injury severity in most cases. Source: IRB Annual Report 2024 [4].
What the timeline estimates don't account for: preparatory work (getting a medical report, gathering receipts) typically adds 2–4 months before you can even submit the IRB application. Starting that prep immediately after the accident compresses the overall timeframe.
To understand how this applies to your case, you can arrange a consultation with a solicitor experienced in Irish road injury claims.
Can I claim if I was partly at fault?
Yes. Ireland applies contributory negligence, not an all-or-nothing rule. Under Section 34 of the Civil Liability Act 1961, courts reduce your award by the percentage of fault attributed to you. If you were 30% responsible, you receive 70% of the assessed compensation.
How much compensation for a road traffic accident in Ireland?
The median motor-liability award in 2024 was €12,510, with an average of €17,333. Awards vary enormously depending on injury type, severity, prognosis, and documented financial losses. Minor whiplash with full recovery can attract €500–€3,000; catastrophic injuries can reach €550,000 in general damages alone, plus uncapped special damages. Source: IRB reports [4]; Personal Injuries Guidelines (2021) [3].
Do I need a solicitor for a road injury claim?
You can file directly with the IRB without a solicitor, but over 90% of claimants choose representation. A solicitor ensures your medical evidence properly reflects your injuries, prevents undervaluation at assessment, and handles the complexity of cases involving disputed liability, contributory negligence, or MIBI claims.
What if the driver who hit me was on an e-scooter?
It depends on the e-scooter's classification. Under the Road Traffic and Roads Act 2023, e-scooters meeting the PPT standard (≤250W, ≤25 km/h) are not mechanically propelled vehicles and their riders don't need insurance. MIBI won't compensate you if the rider was on a compliant, uninsured private e-scooter. You'd need to pursue the rider personally. Rental e-scooters (Bolt, Tier) carry operator fleet insurance. Full guide: E-scooter claims.
What changed with the Personal Injuries Guidelines in 2025?
The Judicial Council proposed a 16.7% inflation uplift in February 2025, but the Government chose not to bring it before the Oireachtas. The original 2021 Guidelines remain in force. A new Judicial Council (Amendment) Bill 2026 extends the review cycle to five years and requires EU/UK benchmarking. Source: Judicial Council [12].
Can I claim as a passenger if the driver was a friend or family member?
Yes. You claim against the at-fault driver's motor insurer, not the driver personally. The insurer handles and pays the claim. Your friend or family member isn't personally paying out of pocket — their insurance policy exists precisely for this purpose. Full guide: Passenger injury claims.
What is the IRB mediation service?
A free, voluntary, and confidential process introduced for motor liability claims on 12 December 2024. A trained mediator helps both sides negotiate an agreement. If agreement is reached, there's a 10-day cooling-off period before the IRB issues a binding Order to Pay. If no agreement is reached, your claim proceeds to assessment or court — nothing said in mediation is held against you. Source: IRB mediation [5].
What to consider next
After reading this guide, the next question most people ask depends on their situation:
I was just in an accident — what should I do right now?
Focus on safety and medical attention first. Then gather evidence at the scene, report to Gardaí, and see your GP within 24 hours. Our step-by-step post-crash guide walks through every action in order: What to do after a crash.
I've been offered an IRB assessment — should I accept or reject it?
Accept only when your recovery is stable and your financial losses are fully documented. Accepting too early locks in a figure that may not cover future treatment. Rejecting triggers a six-month window to issue court proceedings. This leads to the question of whether your case is better suited to negotiation or litigation: Accept or reject the IRB assessment.
The other driver wasn't insured — can I still get compensated?
Yes, through MIBI. The process adds steps (Garda report, formal MIBI notification) but compensation follows the same Guidelines. The next step is to check the MIBI route that applies to your situation: Uninsured driver claims.
Achoimre as Gaeilge
Is éileamh dlíthiúil é éileamh díobhála bóthair ar chúiteamh do dhuine a gortaíodh ar bhóthar in Éirinn de bharr faillí duine eile. Caithfidh formhór na n-éileamh dul tríd an mBord um Réiteach Díobhálacha (IRB) sula dtéann siad os comhair na cúirte. Ó Nollaig 2024, cuireann an IRB seirbhís idirghabhála saor in aisce ar fáil d'éilimh mhótardhliteanais, a réitíonn cásanna laistigh de thrí mhí ar an meán. Tá dhá bhliain agat ón dáta timpiste nó ón "dáta eolais" chun éileamh a dhéanamh. Foinsí: IRB; Faisnéis do Shaoránaigh.
References
- IRB — Making a Claim (Updated 2025)
- Citizens Information — Injuries Resolution Board (Updated 2025)
- Judicial Council — Personal Injuries Guidelines (2021)
- IRB — Annual Report 2024 & Motor Liability Report (2025)
- IRB — Mediation Service (Updated 2025)
- Dept. of Enterprise — Motor Liability Mediation Commencement (December 2024)
- Dept. of Justice — Civil Reform Bill 2025 (January 2026)
- Irish Statute Book — Civil Liability Act 1961, s.34
- Citizens Information — Motor Vehicle Collisions (Updated 2025)
- MIBI — MIBI Agreement (2009)
- Irish Statute Book — Road Traffic and Roads Act 2023
- Judicial Council — Personal Injuries Guidelines Committee (Updated 2025)
- Courts Service — courts.ie (Kirwan v Connors [2025] IESC 21)
- RTÉ News — Personal Injury Awards (July 2025)
- Irish Legal News — Judicial Council Amendment Bill (January 2026)
- Central Bank — NCID
- Law Society Gazette — Claims Figures Stabilising (July 2025)
- Irish Statute Book — Civil Liability and Courts Act 2004, s.26
- Irish Statute Book — Statute of Limitations 1957 (as amended)
- RSA — Road Safety Statistics
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.
Additional resources
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
