Road Users Injury Claims Ireland: How Your Claim Changes by User Type (2026 Guide with IRB Data)
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178
3rd Floor, Ormond Building, 31 to 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 user injury claim in Ireland is a legal claim for compensation made by any person injured on an Irish road, whether they were a pedestrian, cyclist, motorcyclist, e-scooter rider, car occupant, or public transport passenger. The claim targets the negligent party's insurer and is assessed by the Injuries Resolution Board (IRB).
The type of road user you were at the moment of an accident directly changes your claim route, the evidence you need, and the compensation you're likely to receive in Ireland. The Injuries Resolution Board (IRB) Motor Liability Report (May 2025) analysed 76,535 claims from 2019 to 2024 and found that pedestrians experience a fivefold higher fatality risk than car occupants. Motorcyclists averaged €36,389 per award, more than double the car driver average. The IRB, formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, handles most claims. Who you claim against, the liability rules, and the evidence that wins your case all depend on what you were doing when you were injured.
What's New (2025 to 2026): The IRB published its most detailed report ever in May 2025, breaking down awards by road user type for the first time across 76,535 claims. Free mediation for road traffic injury claims launched on 12 December 2024. E-scooter and e-bike claims are now tracked separately from February 2024 onward.
Sources: IRB Motor Liability Report (May 2025) . Citizens Information, IRB mediation (2025) . Road Traffic and Roads Act 2023
At a glance: Pedestrians, cyclists, motorcyclists, e-scooter riders, and public transport passengers each follow different claim paths in Ireland. All injury claims start at the IRB, but liability targets differ: other driver's insurer (most cases), MIBI (uninsured or untraced), local authority (road defects), or transport operator (bus, Luas, train). Two-year time limit from accident or date of knowledge. Sources: IRB report (May 2025). Citizens Information (2025).
Contents
I was a...
Select your road user type to see your specific claim route, who you claim against, what evidence matters most, and the average IRB award.
Claim against: The at-fault driver's motor insurer. If untraced or uninsured, route through MIBI. Local authority if a road defect contributed.
Priority evidence: Garda report, crossing location and conditions, dashcam from other vehicles, CCTV (request within 48 hours, systems overwrite in 7 to 30 days).
Average award (2024): €33,576. Pedestrians face a 5x higher fatality risk than car occupants. Claims rose 15% in 2024.
Key risk: Insurers argue contributory negligence for crossing location, dark clothing, or phone use. Ireland has no jaywalking law, but these reduce awards.
Claim against: The at-fault driver's insurer. Local authority if a pothole or road defect caused the crash (but councils have a nonfeasance defence for natural deterioration).
Priority evidence: Garda report, helmet photos (or note absence), road surface condition photos, witness statements. Road may be repaired quickly so photograph immediately.
Average award (2024): €26,788. The IRB recorded 329 cyclist awards in 2023 with high rates of fractures and facial trauma.
Key risk: No mandatory helmet law in Ireland, but insurers argue 10 to 25% contributory negligence for helmetless riders in head injury cases.
Claim against: The at-fault driver's insurer. Junction right-of-way violations and filtering collisions are the most common scenarios.
Priority evidence: Garda report, protective gear photos, junction layout documentation, speed data. Diesel spill evidence degrades fast.
Average award (2024): €36,389, the highest of any road user type. Motorcyclists are 6x more likely to be fatally injured on Irish roads.
Key risk: Severity disputes. Insurers challenge whether internal soft tissue injuries are as serious as medical reports state.
Claim against: Depends on PPT classification. If the e-scooter meets PPT specs (max 250W, max 25 km/h), MIBI may not cover the claim. Target the rider personally, the rental operator, or explore product liability.
Priority evidence: E-scooter specifications (power and speed), rental booking ID, helmet status. Rental data is often deleted after roughly 90 days.
Average award (2024): €20,513. Only 8% of e-scooter users wore helmets, contributing to high head injury rates.
Key risk: The MIBI Insurance Gap. Compliant PPTs have no insurance requirement, so MIBI's mandate may not extend to claims against uninsured PPT riders.
Claim against: The transport operator (Dublin Bus, Bus Eireann, Irish Rail, Transdev for Luas). State-operated services route through the State Claims Agency.
Priority evidence: Incident report filed with the operator, witness names and contact details, medical records. Operator CCTV is typically overwritten within 28 days.
Average award: Follows the same Personal Injuries Guidelines as other claims. Operator liability is often clearer than in private vehicle cases.
Key risk: CCTV loss. We file preservation requests within 48 hours because operator footage is the most important evidence in most public transport claims.
Full public transport section . Dedicated public transport guide
Claim against: Same respondent as the applicable road user type. A parent or guardian files as "next friend." The next friend cannot have a conflict of interest.
Priority evidence: All standard evidence plus school absence records, activity impact notes, and medical records linked to the child's development.
Key data: 36% of car passenger claims come from under-18s. One in four child passengers sustain psychological injuries in road accidents.
Key difference: The two-year time limit starts at age 18 (not at the accident date). Court approval is mandatory for all child settlements. Compensation is held until the child turns 18.
How Does Road User Type Change Your Claim in Ireland?
Your claim route, the party you claim against, and the evidence that determines your award all shift depending on whether you were driving, walking, cycling, scooting, or riding public transport. Most Irish law firms treat road users as a single group. The IRB's May 2025 report 1 shows that vulnerable road users (pedestrians, cyclists, motorcyclists) sustained moderate-to-serious injuries in 39% of cases, a rate significantly higher than for car occupants. We call this the Vulnerable User Severity Gap: the structural difference in injury severity that drives the compensation difference between protected vehicle occupants and exposed road users.
That severity gap drives a compensation gap. Motorcyclists averaged €36,389, pedestrians €33,576, cyclists €26,788, and car drivers €16,038 per award across the 2019 to 2024 period.
A detail that catches many claimants off guard: passengers injured in a friend or family member's car often hesitate to claim, not realising the claim targets the driver's insurer, not the driver personally. The driver's premium may not even increase if they weren't at fault.
Average IRB Awards by Road User Type (2019 to 2024 Data)
| Road User Type | Average Award (2024) | Total Awarded (2019 to 2024) | Share of Fatal Claims | Moderate or Serious Injury Rate |
|---|---|---|---|---|
| Car drivers | €16,038 | €373 million | Majority of non-fatal volume | Significantly lower than vulnerable users |
| Car passengers | €13,540 | €160 million | 36% of claims from under-18s | Higher psychiatric rate (1 in 4) |
| Cyclists | €26,788 | €53 million | 10 cyclist fatalities in 2024 | 39% moderate or serious |
| Pedestrians | €33,576 | €55 million | 5x fatality risk | 39% moderate or serious |
| Motorcyclists | €36,389 | €24 million | 2% of claims but 10% of fatalities | Highest severity |
| E-scooter users | €20,513 | Combined with cyclists pre-2024 | 4 fatalities in 2024 | 8% helmet rate |
Source: IRB Motor Liability Report (May 2025) and IRB Vulnerable Road User Report (Dec 2024). E-scooter data was first captured separately from February 2024. Compensation is assessed under the Personal Injuries Guidelines (2021), which replaced the former Book of Quantum. Awards vary case by case.
2024 road fatalities by user type
Of the 175 road deaths reported in Ireland in 2024, the breakdown by road user type was: 32 pedestrians, 17 motorcyclists, 10 pedal cyclists, and 4 e-scooter users. 5 For every one road death, 68 non-fatal injury claims were submitted to the IRB. 1 2024 was the first year e-scooter fatalities were tracked as a separate category.
Most common injury types across all road users
Neck and back injuries accounted for 58% of all motor liability awards in 2024. Psychiatric damage injuries (anxiety, PTSD, travel phobia) accounted for a further 16% of awards, with car passengers being the most affected group for psychiatric claims. 1 Young adults aged 20 to 24 made up just 6% of the population but 13% of road fatalities during the 2019 to 2024 period.
General damages vs special damages: Every road user injury award in Ireland combines two components. General damages compensate for pain, suffering, and loss of amenity (your ability to enjoy life as before). Special damages compensate for proven financial losses: medical bills, physiotherapy, lost earnings, travel to appointments, and care costs. The IRB assesses both under the Personal Injuries Guidelines. 8
Pedestrian Injury Claims in Ireland: Higher Awards, Higher Stakes
Pedestrians injured by vehicles in Ireland receive average awards of €33,576, more than double the car driver average, because they suffer more severe injuries without any physical protection. The IRB's 2025 data recorded a 15% annual increase in pedestrian claims in 2024, with pedestrians facing a fivefold higher fatality risk than other road user groups. 1
Who do you claim against as a pedestrian?
The at-fault driver's motor insurer covers most pedestrian claims. If the driver is uninsured or fled the scene, the Motor Insurers' Bureau of Ireland (MIBI) steps in. Where a road defect such as a broken footpath or missing bollard contributed, the local authority may share liability. Councils have a defence of "nonfeasance" (natural deterioration) for certain road surface issues under Irish law, so proving a defect was caused by negligent construction or maintenance is critical.
One aspect the official guidance doesn't cover: insurers handling pedestrian claims routinely argue contributory negligence based on crossing location, visibility clothing, or mobile phone use. Ireland has no jaywalking law, but crossing between parked cars or wearing dark clothing at night can reduce compensation. It won't eliminate the claim entirely.
Dedicated guide: Pedestrian injury claims Ireland (detailed process, evidence checklist, and crossing data)
Cyclist Injury Claims Ireland: Unique Liability Rules
Cyclists injured on Irish roads averaged €26,788 per award between 2019 and 2024, with €53 million total awarded during that period. 1 Cycling claims involve liability scenarios that don't arise in standard car accidents: dooring by parked vehicles, unsafe overtaking, left-hook collisions at junctions, and road surface defects like potholes.
The Road Safety Authority (RSA) reported 10 cyclist fatalities in 2024. For non-fatal claims, the IRB's December 2024 Vulnerable Road User report found 329 cyclist awards in 2023, with a significant proportion involving fractures, soft tissue injuries, and facial trauma. 5
Helmet and contributory negligence
Ireland has no mandatory helmet law for cyclists. Insurers sometimes argue contributory negligence for helmetless riders, but not wearing a helmet does not bar a claim. It may reduce compensation by 10 to 25% in head injury cases, based on existing Irish court practice. The timing matters more than most guides suggest: photograph your helmet (or note its absence) at the scene, because this evidence becomes critical later.
Dedicated guide: Cyclist injury claims Ireland (dooring, road defects, and RSA data)
Motorcyclist Injury Claims Ireland: Highest Average Awards
Motorcyclists receive the highest average compensation of any road user type in Ireland at €36,389 per award, driven by the severity of injuries sustained without vehicle protection. 1 The RSA confirms motorcyclists are six times more likely to be fatally injured on Irish roads than other vehicle users, despite comprising just 2% of the vehicle fleet.
Motorcycle claims frequently involve junction right-of-way violations, filtering collisions (legal but carrying liability implications), diesel spills, and inadequate road surfaces. Between assessment and settlement, the sticking point is usually the severity dispute. Insurers challenge whether injuries are as serious as medical reports state, particularly for internal soft tissue damage that doesn't show on X-rays.
Dedicated guide: Motorcyclist injury claims Ireland (junctions, filtering liability, and protective gear)
E-Scooter Injury Claims Ireland: The MIBI Insurance Gap
E-scooter riders and pedestrians injured by e-scooters face a compensation gap that doesn't exist for any other vehicle type in Ireland. Under the Road Traffic and Roads Act 2023 (commenced May 2024), compliant e-scooters are classified as Powered Personal Transporters (PPTs). PPTs are exempt from insurance, tax, and registration. That exemption creates what we call the MIBI Insurance Gap: because PPTs don't require insurance, MIBI's mandate to compensate victims of uninsured drivers may not apply to compliant PPT riders.
The MIBI Insurance Gap explained: If you're injured by an e-scooter that meets PPT specifications (max 250W, max 25 km/h), the rider has no legal obligation to carry insurance. MIBI traditionally compensates victims of uninsured motor vehicles, but PPTs may fall outside that definition. Your claim may need to target the rider's personal assets, the rental operator's insurance, or a product liability route. Source: Road Traffic and Roads Act 2023, s.2.
The IRB's December 2024 report recorded 168 combined cyclist and e-scooter claims in 2023, with the average e-scooter award at €20,513. 5 Only 8% of e-scooter users wore helmets at the time of their accident, contributing to the high rate of head injuries and facial trauma in this category.
Full analysis: E-scooter accident claims Ireland, MIBI gap guide (PPT classification test, compensation ranges, and case law)
Public Transport Injury Claims: Luas, Bus, Train Operator Liability
Public transport passengers injured in Ireland can claim against the transport operator (Dublin Bus, Bus Eireann, Irish Rail, or Transdev for the Luas) rather than an individual driver, which often simplifies liability. Transport operators owe passengers a heightened duty of care. They must maintain vehicles, train staff, and ensure safe boarding and alighting conditions.
Claims against State-operated services may route through the State Claims Agency rather than a private insurer. The evidence challenge is different too: Dublin Bus and Irish Rail CCTV footage is typically overwritten within 28 days. We file preservation requests within 48 hours of instruction, because that footage is often the single most important piece of evidence in a public transport claim.
Common public transport claim scenarios
Injuries from sudden braking (thrown forward while standing), door-closing incidents (hands or limbs trapped), slips on wet floors inside vehicles, and falls while boarding or exiting are among the most frequent claim types. These affect elderly passengers disproportionately. The IRB 2 assesses these claims following the same process as other road traffic injuries, with compensation determined by the Personal Injuries Guidelines.
Since 12 December 2024, the IRB also offers free mediation for road traffic personal injury claims, including public transport claims. Mediation is voluntary, confidential, and typically resolves within three months. 2
Dedicated guide: Public transport injury claims Ireland (Luas, bus, DART, train, operator liability and evidence)
Child Road User Injury Claims in Ireland
Children under 18 cannot bring a personal injury claim themselves in Ireland. A parent or guardian acts as "next friend" and any settlement requires court approval. The IRB's 2025 data shows 36% of car passenger claims come from the youngest age group (0 to 18), with one in four child passengers sustaining psychological injuries following road traffic accidents. 1
The two-year limitation period doesn't start running until a child turns 18, giving them until age 20 to file. Evidence degrades over time though. Medical records, witness memories, and CCTV all weaken. Starting the process early protects the child's position. Compensation awarded to a minor is held in the Court's Accountant's Office until they reach 18, when the funds (plus accrued interest) are released directly to them.
Dedicated guide: Child road user injury claims Ireland (next friend process, court approval, and funds-in-court)
Recent Irish Case Law for Road User Injury Claims
Quaid v Bus Eireann [2022] IEHC (Ms Justice Egan)
Holding: The High Court awarded €126,000 to a seated passenger who sustained a back injury when a Bus Eireann driver braked suddenly to avoid a collision in Limerick. The judge found the emergency was "wholly avoidable" and arose from the driver's failure to exercise reasonable care at a junction. No contributory negligence on the passenger's part.
Why it matters: Confirms that sudden-braking claims against bus operators don't require proof of an external collision. The operator's driving standard is measured against what a reasonable carrier of passengers would do. Pre-existing conditions (Crohn's disease in this case) don't defeat the claim if the accident was the triggering event.
Source: Courts.ie
Kelly v Veolia Transport Dublin Light Rail Ltd [2017] IEHC
Holding: The High Court approved a settlement of €550,000 for a brain injury sustained by a minor who was "tram-surfing" on the Luas. The Court found contributory negligence but still awarded substantial damages given the severity of injury and the operator's failure to implement adequate visual safety systems.
Why it matters: Demonstrates that even where the claimant bears significant fault, vulnerable road users (especially minors) can recover substantial compensation when the operator's safety systems were inadequate. Contributory negligence reduces but does not eliminate the award.
Source: Courts.ie
What Evidence Do You Need by Road User Type?
The evidence that strengthens a claim differs significantly depending on the type of road user you were at the time of the accident. The table below maps the most important evidence items to each road user category. Missing even one of these within the first 48 hours can weaken an otherwise strong case.
| Road User Type | Priority Evidence | Time-Sensitive Items | Who You Claim Against |
|---|---|---|---|
| Pedestrian | Garda report, crossing location, visibility conditions, dashcam from other vehicles | CCTV (7 to 30 day overwrite) | Driver's insurer. MIBI if uninsured. Local authority if road defect |
| Cyclist | Garda report, helmet photos, road surface condition, witness statements | CCTV. Road surface may be repaired quickly | Driver's insurer. Local authority if pothole or defect |
| Motorcyclist | Garda report, protective gear photos, junction layout, speed data | Diesel spill evidence. Road markings | Driver's insurer. Local authority if road defect |
| E-scooter rider | Scooter specs (power and speed, PPT or MPV?), rental booking ID, helmet status | Rental data (deleted after roughly 90 days). CCTV | Driver's insurer. Rider personally (if PPT). Rental operator. MIBI (if MPV) |
| Public transport | Incident report to operator, witness names, medical records | Operator CCTV (28 days typical) | Transport operator (State Claims Agency for State bodies) |
| Child (any type) | All of the above plus school absence records, activity impact notes | Medical records contemporaneous to accident | Same as applicable road user type. Next friend required |
For every road user type: report to Gardaí, seek immediate medical attention, and photograph everything at the scene. Source: An Garda Síochána. IRB claims process.
IRB Mediation for Road Traffic Claims: New Since December 2024
Since 12 December 2024, the Injuries Resolution Board offers free mediation for road traffic personal injury claims, a route that didn't previously exist for motor cases. 2 Mediation is voluntary: both parties must agree to participate. A trained, impartial mediator works with you and the respondent to reach a resolution without court proceedings.
The difference between assessment and mediation often comes down to control. In an IRB assessment, the Board assigns a value based on medical evidence and the Personal Injuries Guidelines 8. In mediation, both parties negotiate directly, which can resolve claims in under three months compared to the standard 9 to 12 month IRB assessment timeline.
How mediation works in practice
When submitting your IRB application, you can tick a mediation consent checkbox on the form. If the respondent also consents, the IRB assigns a mediator at the start of the process, not after a failed assessment. If both parties reach an agreement, the mediator issues a written agreement to sign. A 10-day cooling-off period follows. If both parties are still satisfied after those 10 days, the IRB issues a legally binding Order to Pay. 2 If no agreement is reached, the claim moves to standard IRB assessment (if the respondent consents) or to court.
IRB route vs litigation: the cost and timeline gap
Settling a road user injury claim through the IRB in Ireland takes an average of 2.7 years at a cost of around €2,000, compared to 5.1 years and approximately €19,000 through litigation. 1 Over the 2019 to 2024 period, settling through the IRB rather than through the courts saved an estimated €284 million in avoided legal fees. One detail that surprises clients: the IRB route produces comparable award amounts to litigation, just faster and at a fraction of the legal cost.
Ireland vs UK: Three Differences That Matter for Road User Claims
Ireland and the UK have entirely separate legal systems for personal injury claims. Online guides frequently mix the two jurisdictions. These three distinctions are non-negotiable.
| Issue | Ireland | UK (England and Wales) |
|---|---|---|
| Time limit to file | 2 years from accident or date of knowledge | 3 years |
| First step | Application to the Injuries Resolution Board (mandatory for most PI claims) | Pre-action protocol letter to defendant |
| Compensation guidelines | Judicial Council Personal Injuries Guidelines (replaced the former Book of Quantum in April 2021) | Judicial College Guidelines |
If you read "3 years" or "pre-action protocol" in an online guide, it's UK law, not Irish. Citizens Information (Ireland) confirms the two-year limit and IRB-first process.
What "date of knowledge" means in practice: The two-year clock does not always start on the day of the accident. In Irish personal injury law, "date of knowledge" is the date you knew, or should reasonably have known, three things: that you had an injury, that it was significant, and that it was attributable to another party's negligence. This matters for road users because concussion symptoms, soft tissue injuries, and PTSD can emerge days or weeks after a collision. If a GP diagnoses whiplash two weeks after a rear-end collision, the two-year clock may run from that diagnosis, not from the crash. Citizens Information 2
What Do Most Road Accident Guides in Ireland Get Wrong?
Vulnerable road users receive 2 to 2.5 times higher average awards than car drivers. This fact is buried in the IRB's 2025 data but absent from every competitor guide. The Vulnerable User Severity Gap isn't generosity. It reflects that pedestrians, cyclists, and motorcyclists suffer objectively more severe injuries because they lack the physical protection of a vehicle. The IRB report 1 found 39% moderate-to-serious injury rates among vulnerable users, a rate far exceeding that of car occupants who benefit from vehicle protection.
E-scooter victims cannot always claim via MIBI. Compliant PPT e-scooters have no insurance requirement under the Road Traffic and Roads Act 2023 6, which means MIBI, designed to compensate victims of uninsured motor vehicles, may refuse the claim. You'd need to pursue the at-fault rider's personal assets or explore alternative routes.
The median award dropped 30% since the Personal Injuries Guidelines replaced the Book of Quantum in April 2021. The IRB's 2024 median motor liability award stood at €12,510, down from €17,900 in 2020 (pre-Guidelines). 1 Older compensation calculators overestimate Irish awards by a significant margin.
The post-Guidelines decline is now stabilising. The total value of motor liability awards made by the IRB in 2024 was €105.8 million, a 5% increase on 2023, though still 41% below the €178.85 million paid out in 2019. 1 Excluding fatalities, the average motor liability award in 2024 was €17,333 (up 9% from 2023) and the median was €12,510 (up 17%). For road users researching their claim value in 2026, this means neither pre-Guidelines figures nor 2022 trough figures reflect current reality.
How to Start a Road User Injury Claim in Ireland
Estimated effort: 30 to 60 minutes for initial filings. What you need: Garda report details, medical report, scene photos, and the IRB application.
- Get medical attention immediately. Even if injuries seem minor. Delayed symptoms are common after road accidents, particularly concussion and soft tissue injuries. Medical records create the essential link between accident and injury.
- Report to Gardaí. Under Section 106 of the Road Traffic Act 1961, you must stop at the scene, exchange details, and report the collision. File a report at the nearest Garda station. Note the station name, date, and any PULSE reference number. Garda guidance
- Preserve evidence. Photograph the scene, injuries, and damage. Request CCTV preservation in writing within 48 hours. Gather witness contact details.
- Apply to the IRB. Most personal injury claims must first go through the Injuries Resolution Board, with your medical report attached. The application fee is €45 online or €90 by email or post. In the most recent reporting period, 70% of respondents consented to IRB assessment or mediation, and the acceptance rate reached 50%. The highest IRB award in the last reporting year was €634,875. The lowest was €69. IRB process
- Identify the respondent. This depends on your road user type (see evidence matrix above). For uninsured or untraced vehicles, add MIBI as respondent.
- Consider mediation. Since December 2024, the IRB offers free mediation for road traffic claims. It's voluntary, confidential, and often faster. 2
- If court proceedings become likely, issue a Section 8 letter. Under the Civil Liability and Courts Act 2004, s.8, you must send a formal letter of claim to the respondent before issuing proceedings. Your solicitor handles this.
What happens after the IRB assessment?
If you accept the IRB assessment, the Board issues a legally binding Order to Pay and compensation follows within weeks. If you reject it (or the respondent rejects it), the IRB issues an Authorisation allowing you to proceed to court. Both parties have 28 days to accept or reject the assessment.
Which court you go to depends on your claim value. The District Court hears claims up to €15,000. The Circuit Court handles claims between €15,000 and €75,000. The High Court deals with claims above €75,000 and all catastrophic injury cases. Courts Service of Ireland 10 The IRB statistics don't capture this detail: roughly half of rejected assessments settle before reaching a courtroom, because the formal proceedings themselves often trigger a realistic insurer offer.
Mistakes That Weaken Road User Injury Claims
Delaying your GP visit. Insurers use any gap between the accident and your first medical appointment to argue your injuries are unrelated or exaggerated. See a doctor on the same day if possible, even if you feel fine. Concussion, soft tissue damage, and PTSD often emerge 24 to 72 hours after a collision.
Giving a recorded statement to the other driver's insurer. The at-fault party's insurer may contact you within days, sounding helpful. Anything you say in a recorded statement can be used to reduce or refuse your claim. Decline politely and direct them to your solicitor.
Posting on social media during the claim. Insurers routinely monitor claimants' public profiles. A cyclist claiming for a knee injury who posts photos of a weekend hike will have their compensation challenged. Set profiles to private and avoid posting about your physical activities until your claim is settled.
Missing the CCTV window. Most business and transport operator CCTV systems overwrite footage within 7 to 30 days. Send a written preservation request immediately after the accident, addressed to the premises manager or transport operator by name.
Accepting an early settlement offer. Insurers sometimes offer a fast, low payment before the full extent of injuries is known. Once you accept, the claim is closed permanently. Wait until your medical condition has stabilised and the full picture of your losses is clear.
Common Questions About Road User Injury Claims in Ireland
Can any road user make an injury claim in Ireland?
Yes. Pedestrians, cyclists, motorcyclists, e-scooter riders, public transport passengers, and car occupants can all claim if injured through another party's negligence on an Irish road.
All injury claims start at the IRB, which assesses the value of your claim based on medical evidence. The at-fault party's insurer typically pays the compensation. A strict two-year time limit runs from the accident or from the date you became aware of the injury.
Why it matters: Many vulnerable road users don't realise they have a claim, especially passengers and pedestrians who were partly at fault.
Next step: IRB claims process (2025) . Citizens Information (2025)
How much compensation do road users get in Ireland?
Average awards vary significantly by road user type: motorcyclists €36,389, pedestrians €33,576, cyclists €26,788, car drivers €16,038 (IRB 2024 data).
Individual awards depend on injury severity and prognosis, assessed under the Judicial Council Personal Injuries Guidelines. The 2024 median motor award was €12,510. Both general damages (pain and suffering) and special damages (financial losses) are included in the total figure.
Why it matters: Vulnerable road users average higher awards due to greater injury severity, not special treatment.
Next step: Personal Injuries Guidelines (2024) . IRB report (May 2025)
What is the time limit for a road user injury claim in Ireland?
Two years from the date of the accident, or from the "date of knowledge" if injuries weren't immediately apparent. For children under 18, the two-year period starts on their 18th birthday.
Ireland uses a two-year limit, not the three-year limit that applies in England and Wales. Filing an IRB application pauses the limitation clock while your claim is being assessed. Minors effectively have until age 20 to file.
Why it matters: Missing the deadline can permanently bar your claim, even with clear liability.
Next step: Citizens Information (2025) . Claim time limits (our guide)
Are e-scooter riders required to have insurance in Ireland?
No, not if the e-scooter meets Powered Personal Transporter (PPT) specifications (max 250W, max 25 km/h) under the Road Traffic and Roads Act 2023. E-scooters exceeding these limits are classified as mechanically propelled vehicles and do require insurance.
This creates the MIBI Insurance Gap. Because compliant PPTs don't require insurance, MIBI may not cover claims against uninsured PPT riders. Your route may be a direct claim against the rider's personal assets, the rental operator, or a product liability action against the manufacturer.
Why it matters: This insurance gap leaves victims of PPT rider negligence with limited recovery options.
Next step: Road Traffic and Roads Act 2023 . E-scooter MIBI gap guide
Can I claim as a passenger if the driver was a family member?
Yes. The claim is against the driver's motor insurance policy, not against the family member personally. Their insurer handles the compensation, and the driver may never pay a cent out of pocket.
The premium impact depends on fault, not the existence of the claim itself. For child passengers, a parent or guardian files as "next friend" and any settlement must receive court approval before it is accepted.
Why it matters: Reluctance to claim against loved ones delays valid cases and can miss the two-year limit.
Next step: Passenger injury claims (our guide) . IRB process (2025)
Who is liable if I'm injured on a bus or Luas in Ireland?
The transport operator owes passengers a duty of care. Claims against Dublin Bus or Bus Eireann may involve the State Claims Agency. Private operators (including Transdev for the Luas) are pursued through their own insurers.
The operator is liable for driver negligence and vehicle maintenance failures. Filing an immediate incident report with the operator is critical. Operator CCTV is typically retained for around 28 days, so request preservation in writing as soon as possible after the incident.
Why it matters: Public transport claims have different respondents than standard car accident claims.
Next step: State Claims Agency . Public transport claims (our guide)
Can I still claim if I was partly at fault for the accident?
Yes. Ireland applies contributory negligence. Your compensation is reduced by the percentage of fault attributed to you, but the claim is not eliminated. A pedestrian found 20% at fault would receive 80% of the full award.
Common examples include: no helmet for a cyclist, dark clothing for a pedestrian at night, or speeding for a motorcyclist. The insurer must prove your contribution to the fault, and even significant contributory negligence rarely eliminates a claim entirely.
Why it matters: Many people wrongly believe any fault on their part prevents a claim.
Next step: Liability explained (our guide) . Citizens Information (2025)
Can I use mediation instead of the IRB assessment for a road claim?
Yes, since 12 December 2024 the IRB offers free mediation for road traffic personal injury claims. Both parties must agree to participate. Mediation is voluntary and you can leave the process at any time.
Mediation is free of charge through the IRB. It typically resolves faster than the standard assessment route. Outcomes are confidential and not published, unlike court judgments.
Why it matters: This is a brand-new option many claimants and solicitors have not yet used.
Next step: Citizens Information, IRB mediation (2025) . IRB claims process (2025)
How does the claims process work for an injured child?
A parent or guardian acts as "next friend" to file the claim. Any settlement must be approved by a judge, and compensation is held in the Court's Accountant's Office until the child turns 18.
The limitation period starts at age 18 (giving until age 20 to file). Court approval is mandatory for all child settlements under Irish law. The next friend cannot have a conflict of interest, so a parent who caused the accident cannot act in this role.
Why it matters: Different rules, different timelines, and court oversight protect children's interests.
Next step: Child road user claims (our guide) . Citizens Information (2025)
Do I need a solicitor for a road user injury claim?
No legal requirement, but road user claims, especially for vulnerable users, involve complex liability, specialist evidence, and strict deadlines.
A solicitor experienced in Irish road user claims can handle IRB applications, evidence preservation, CCTV requests, respondent identification by user type, and insurer negotiations. One missed deadline or wrong respondent can defeat a valid claim. We handle all road user types from our Dublin office and serve clients nationwide.
Why it matters: Vulnerable road user claims are more complex than standard car driver claims.
Next step: Call 01 903 6408 for a free case assessment . IRB claimant guide (2025)
Related internal guides: Road injury claims (pillar) . Car accident claims . Claim process . Compensation . Time limits . Liability . Passenger injuries . After a crash . Garda report . Uninsured driver
References
- Injuries Resolution Board, Motor Liability Personal Injury Claims and Awards 2019 to 2024 (Published May 2025)
- Citizens Information, Injuries Resolution Board (Updated 2025)
- Motor Insurers' Bureau of Ireland, Making a Claim (Updated 2025)
- Road Safety Authority, Road Safety Statistics (Updated 2025)
- IRB, Accidents Involving Cyclists and E-scooter Users, Vulnerable Road User Series Report 1 (Published December 2024)
- Road Traffic and Roads Act 2023 (Irish Statute Book, commenced May 2024)
- State Claims Agency, Ireland (Updated 2025)
- Judicial Council, Personal Injuries Guidelines (In force since April 2021)
- An Garda Siochana, Road Traffic Collision Guidance (Updated 2025)
- Courts Service of Ireland (Updated 2025)
- Road Traffic Act 1961, Section 106 (Irish Statute Book)
- Civil Liability and Courts Act 2004, Section 8 (Irish Statute Book)
This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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