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Personal Injury Claims Ireland
There is a perception by the general
public that certain procedures must be followed after an accident
e.g. that the cars must not be moved until the police are called.
Depending on the type of accident this is very often unnecessary
and only serves to cause traffic hold ups. The following is intended
as a brief outline of the do's and don'ts and as a general guide
when you have been involved in a road traffic accident. If you
would like to talk to us about a personal injury claim in Ireland
please complete the online form.
Where there is a road traffic accident in which
there are no obvious injuries at the time, telephoning the Gardai
and informing them of this will more often than not result in
the Gardai indicating that they will not call out to the scene
since there is a general policy by the Gardai to let the drivers
sort the matter out themselves. Where of course there is serious
injury and an Ambulance is called, the Gardai will nearly always
attend and may caution one or both drivers and in due course they
will take statements from various people involved in the accident
and forward these to the DPP to decide whether or not a prosecution
will result.
DO
Get the registration number of the other
vehicle. This is perhaps the most important piece of
information that is required. People have often taken insurance
details from the other driver only to discover that the insurance
was faulty or that there was not in fact any insurance on the
vehicle at the time. This may mean that your Solicitor will become
involved with the Motor Insurers Bureau of Ireland who deal with
uninsured drivers and for them the most important piece of information
is generally the registration number since it can assist them
in completing their investigations with greater speed.
Take insurance details which can be readily
obtained from the disc on the screen. Each driver should
exchange insurance details with the other.
Wherever and whenever possible behave politely but be
firm in the determination to take information from the other driver.
People are very often shocked following an accident and may take
insufficient or false information from the other driver.
Report the accident to the Gardai. Where
the Gardai do not attend at the scene of the accident, go to the
nearest Garda Station and ask the Garda at the Station to take
details of the accident. This will be important at a
later date if the third party denies that the accident occurred
or if he is uninsured. There is a book in each Garda Station which
records details of road traffic accidents and you should get the
Garda to take down details in your presence. Simply give your
own details i.e. Name, Address, registration of car and insurance
details and where possible the same details concerning the other
driver.
DON'T
Don't admit liability at the scene of the
accident. Many people will be surprised to learn that
it is actually very offen a condition of their Insurance Policy
not to admit liability following an accident. This can be pointed
out to the other party since it is in his/her interest that your
policy is not invalidated. Even where one is blatantly at fault
one should politely assist the other driver (particularly where
the other party has been injured) and then exchange particulars
and indicate to the other driver that you are going to report
the matter to your Insurance Company. Time and time again we receive
examples of drivers admitting liability at the scence of the accident
and then denying it subsequently. Whereas if one admits liability
at the scene of the accident it is not conclusive that one is
going to be held to blame subsequently. Nevertheless it is better
for all sides concerned that liability should not be admitted
at the accident scene. If the Gardai are called to the scene of
the accident and you are asked to explain what happened, simply
explain what happened to the Garda.
Don't leave the scene of the accident until
particulars have been exchanged. If one encounters an
irate driver who is insisting that the cars remain in their positions
following the accident until the Gardai are called, one should
be cautious here and ascertain whether or not the Gardai are going
to be called out or not. If they are not, firmly and politely
state to the other driver that you have fulfilled your obligations
and that you are reporting the matter to the Gardai yourself.
If there is an injury and the Gardai are being called you should
remain at the scene of the accident until the Gardai arrive.
Don't take literally what the other driver
states to you at the scene of the accident. Very often
for example liability will be admitted but in due course the other
driver may change his story and this can complicate matters. If
a party does admit liability then you should get him to do so
in writing. Furthermore, if the other party states that he is
going to return to the scene of the accident don't necessarily
believe him since he may change his mind once he has left the
accident location. To be on the safe side make sure that all details
are exchanged before anyone leaves the scene.
SUMMARY
In the majority of accidents where there are no
injuries or only minor injuries and where the Gardai do not concern
themselves with attending at the scene of the accident, you should
be sure to at least get the registration number of the other car
and bring this information to your Solicitor. In addition your
Solicitor will find the following information helpful:
- The full name and address of the driver.
- The full name and address of the owner
if different from above
- The name and address of the Insurance Company
involved with details of Policy number.
- The expiry date of the Policy.
* In contentious business , a solicitor may not calculate fees
or other charges as a percentage or proportion of any award or
settlement
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