Knowing what to do after a car accident that wasn’t your fault may make a big difference when claiming personal injury compensation.

You could suffer injury in a car accident that was not your fault and be able to claim compensation for the pain, suffering and financial losses involved. There are over 4,300 people injured in car accidents every year, according to the Road Safety Association, with more than 50% of injuries, 2,300, happening in the Dublin area. 

Hughes & Associates, personal injury solicitors in Dublin, have put together a guide to what to do after a car accident that wasn’t your fault, which may be invaluable when you need it.

Check for injuries and ensure safety

The first thing to do is check for injuries and ensure your own and other passengers’ safety.

Do not get out of the car if it is not safe to do so, like on a busy motorway.

Call the Gardai if you are unsure what to do when in a car accident.

When to call emergency services

You should call the emergency services if you are injured or if one of the passengers needs medical attention.

If someone in the other car involved in the road traffic accident needs help, call the emergency services for them.

You may need to call the emergency services if the car accident happens on a busy road, so that the Gardai can make the necessary diversions.

Exchange information with the other driver

A vital step in the process is to exchange information with the other driver in a road traffic accident.

Both sides are legally obliged to exchange the following information:

  • The name and address of the driver of the car
  • The insurance details of the other driver, including the expiry date
  • The registration number of the other car

You should also get the other driver’s phone number after a car accident.

What evidence to gather at the scene of a car accident

Gathering evidence at the scene is another important step and will be essential if you need to claim personal injury compensation after a road traffic accident.

Any evidence, no matter how small it may seem, could play a big part in making a successful personal injury claim*.

Evidence to gather at the scene of a road traffic accident:

  • Contact details of the other driver and passengers
  • Contact details of witnesses to the accident
  • CCTV footage of the car crash
  • Photographs of the accident
  • Photographs of any injury you may have
  • DashCam footage from other drivers
  • Paramedic report if you call an ambulance
  • Gardai report from the scene
  • Write down your own report on the road traffic accident

Hughes & Associates personal injury solicitors can help gather the evidence you may need for a road traffic accident compensation claim.

Seek Medical Attention

Seek medical attention for any injury you may have, however slight it may seem to you at the time. 

If you have banged your head in a road traffic accident, you could have a concussion but not realise it. Other small tissue injuries may only become noticeable later, when you have calmed down after the car crash.

It is always best to seek medical attention in case of delayed symptoms or if you do not realise how serious your injuries are at the time.

Having medical records of your injuries at the scene of the accident or later at the A&E can be very useful when making a personal injury compensation claim*. 

Claiming compensation after a car accident that was not your fault

You can claim personal injury compensation after a car accident that was not your fault. You claim for the suffering and losses and the impacts on your life.

There are two types of damages in a car accident claim in Ireland:

General damages in a car accident claim will see you compensated for the Loss of Amenity, such as a difficulty in walking, exercising or in getting to work.

You can also claim for the Pain and Suffering due to the injury you suffered in the road traffic accident.

Special damages in a car accident claim are for the costs and expenses you will have due to the accident when driving or as a passenger.

Special damages in a personal injury claim* could be: 

  • Medical costs
  • Loss of earnings
  • Travel costs 
  • Cost of care
  • Cost of aids and equipment 

A personal injury claim* seeks compensation by combining the two damages due to the many types of injury suffered in a road traffic accident.

The Hughes & Associates Solicitors team of personal injury experts can handle your compensation claim.

When should I contact a personal injury solicitor?

You should contact a personal injury solicitor as soon as possible after a road traffic accident.

A good personal injury solicitor will know what to do, who to contact and how to make a compensation claim.

The right personal injury solicitor will also be there for you, to help you make sense of what has happened and help you take the steps to getting compensation.

When you have your claim ready, it must go to the Injuries Assessment Board.

Hughes & Associates know how to make a claim to the Injuries Assessment Board for compensation.

Making a claim for compensation to the Injuries Board

You make a claim for compensation to the Injuries Board in Ireland for the effects of the road traffic accident injury on your life. 

The Injuries Board will assess the details of the car accident. They may send you to an independent medical professional for an assessment of your injuries. You may have to attend the Injuries Board investigations, but you can have your solicitor with you.

Every personal injury claim* must go through the Injuries Board, and you can then decide to accept their offer of compensation or take the case to court.

Hughes & Associates personal injury solicitors will be with you throughout the Injuries Board process and can advise you on when to accept an offer of compensation.

What to do if hit by an uninsured driver or a hit-and-run driver

When hit by an uninsured driver or a hit-and-run driver, you contact the Gardai, as it is an offence to drive without insurance or to fail to stay at the scene of an accident on Irish roads. 

You will still have a right to claim compensation, but your claim will more than likely go through the Motor Insurers Bureau of Ireland, the MIBI.

The MIBI is an insurance industry-funded organisation that finances claims against uninsured drivers and hit-and-run drivers. A personal injury solicitor can deal with your claim against the MIBI fund.

When you claim against the MIBI Drivers Fund, they will investigate your case and pay your compensation if they find in your favour.

The uninsured driver may offer to pay your compensation costs, but do not take their word at the scene of an accident.

Hughes & Associates personal injury solicitors in Dublin have the experience of making MIBI claims.

Make a car accident claim today

Make a car accident claim today by contacting Hughes & Associates Personal Injury Solicitors in Dublin.

You could have a compensation claim if you have a personal injury after a car accident that was not your fault. You can claim damages for the personal injury and the impact on your life.

Contact Hughes & Associates Personal Injury Solicitors today for a confidential and professional service in a car accident compensation claim.

What to do after a car accident in Ireland FAQs

It is always a good idea to report a car accident to the Gardai. If you suffer a personal injury, the Garda report could be essential to making a compensation claim.

If the other driver is not cooperative, you should call the Gardai immediately.

Yes, you should notify your insurance company after a car accident in Ireland. 

Your car insurance company will know what to do and will tell you how to proceed after the car accident, even if it was not your fault.

You do not need a solicitor, but the right personal injury solicitor will make all the difference. A solicitor can help with a car accident personal injury claim* by giving you sound legal advice from day one.

Your personal injury solicitor can help by:

  • Assessing liability for the personal injury
  • Helping you gather evidence
  • Submitting a claim to the Injuries Resolution Board (formerly PIAB)
  • Help deal with the MIBI if an uninsured driver hits you
  • Negotiating a fair settlement for you

A personal injury claim* in Ireland can take anywhere from one year to more than 18 months. Injury Board assessments can take time, and you may need to be patient.

A claim involving the MIBI may add time when dealing with an uninsured driver.

If the other driver disputes a claim, it may need to go to court, which can take longer, but your solicitor will know what to do for you.

You have two years to make any claim for personal injury in Ireland—the two years to make a claim begin from the date of the car accident.

You could also have a case of ‘date of knowledge,’ which is the date you became aware of the injuries you experienced in a road traffic accident. 

It could be more than two years later that a doctor traces the pain you are suffering back to the injury when in a car accident.

You can make a compensation claim if you suffer a personal injury in the accident. Passengers in your car can also claim for a personal injury. If you or one of the passengers cannot claim due to the injury, a dependent may make the claim.

Dependents who may make a car accident claim in Ireland are:

  • The spouse of the person injured
  • A parent 
  • A step-parent of the victim of a road accident
  • A grandparent of the injured person
  • A child of the injured person
  • A stepchild 
  • An adult dependent of the injured
  • Family members who relied on you for care and financial support
  • A sister or brother 
  • A half-brother or half-sister 

Dependents may also be able to claim compensation if a loved one has passed away in a car accident.