Car Accident Injury Claims

By Eoin P. Campbell, LL.B., Solicitor

Among the most common types of personal injury compensation claims are those which relate to car accidents. This is particularly true in Ireland where car ownership is high and public transport services are limited meaning that the majority of people will travel in a car, either as driver or as passenger, almost every day.

Real Injuries and Damage

First of all, it must be remembered that when pursuing any type of personal injury claim, be it a car accident claim or otherwise, it is in fact just that: a personal injury claim. The plaintiff must have sustained some form of injury, either physical or psychological, as a direct consequence of the accident. Even where one or several drivers involved have indeed acted negligently, one should note that in civil law a claimant is only entitled to seek compensation for personal injury, loss or damage that he or she has actually suffered. A close call – other than where it can be shown that the fright itself caused an injury, e.g. a severe psychological trauma – is insufficient to justify an award of compensation being made.

What should I do if I have been injured in a car accident?

Your Personal Health and Safety is the Highest Priority

If you have been hurt in a car accident your health is much more important than any potential personal injury claim that you might have. If you or anyone else has been badly hurt an ambulance (and the Gardai) should be called without delay.

Go to the Hospital Immediately

Following a car accident, it is essential that you report to the Accident and Emergency department of the nearest hospital, or at the very least make an emergency appointment with your GP. Even if immediately following the accident you do not feel that your injuries are particularly serious it is still best that you see a doctor. Whiplash Symptoms can be experienced immediately following an impact but it is often the case that they do not commence to develop for several hours after the accident and then may worsen during the next day or two.

It is also worth noting that your attendance at hospital or with your doctor will be recorded in your medical records which may later form part of the evidence used in court to support your claim.

The Gardaí

It is essential that any car accident is reported to the Gardaí without delay. If it appears that no one has been injuried at the time, the Gardai may indicate that they will not be attending the scene, however the call to the Gardai will be noted and may later be referred to by your solicitor in support of your claim.

Naturally, should the accident have been a serious one and an ambulance has been called the Gardaí will attend the scene. Statements will be takeb from the various parties and witnesses and an attending Garda will make a sketch of the accident location. The Gardaí may decide to refer the matter to the DPP for prosecution.

If the Gardaí do not attend the accident scene it is a good idea to attend your local Garda station at the earliest opportunity to give details of the accident i.e. names, insurance details and registration numbers of the drivers and pedestrians involved together with the date, time and location of the accident itself. Every Garda station keeps a road traffic accident report book for this purpose.

Correct Formalities

It is important for drivers to exchange names, addresses and insurance details with each other driver following an accident. This is not always possible as the parties may be very seriously injured or perhaps aggressive and confrontational following the incident. The minimum of what one should do, if possible, however is note the registration number of the vehicles involved (this is true even when the drivers behave in a co-operative manner as the details given may be in error either due to confusion and shock following a frightening experience or perhaps due to deliberate malice) as the identity and insurance details of the drivers involved can usually be clarified later from the number plate of the car.

What if I do not know the identity of the other driver?

Sometimes it is impossible to obtain the details of the other driver at the scene of an accident. If a serious injury occurs this will of course take precedence over the exchange of names addresses and insurance details. It should be noted by the public however that your solicitor can still pursue a claim on your behalf even if you do not know the identity of the party at fault. If the Gardai have attended the accident scene your solicitor can request and pay a small fee for the details of the other driver and a copy of the relevant Gardai report.

If one has been the victim of what is known as a ‘hit and run’ incident or have later discovered that the driver of the other vehicle was uninsured a legal remedy is still available. In such circumstances please note that your Solicitor can refer the matter to the Motor Insurers Bureau of Ireland a body which exists to protect the victims of car accidents when the party at fault is unidentified or uninsured. The MIBI can act as the ‘insurer’ of the unknown or untraced driver and can, if appropriate, make a compensation payment to the victim

Make Use of Modern Technology

The majority of Irish people own a mobile phone, which one should obviously use following a cae accident to contact the Gardai and if necessary an ambulance. One should also use the camera and/or video function which is included on most modern cell phones to record images of the vehicles (showing damage to the cars and their road positioning) following the accident. It may also be beneficial to your claim if the pictures give an accurate impression of the weather and road conditions. The licence plate number of the vehicles may also be recorded in this way.

Do not admit liability at the scene

It is important that you do not admit liability for the collision at the scene of your car accident as it is in fact often a condition of your Insurance Policy not to admit liability following an accident. It is perhaps best not to discuss liability for the accident at the scene if possible. Even where it is clear that the other party has been at fault, one should remain polite at all times and assist the other driver if he or she has been injured and then exchange particulars.

How is the amount of car accident injury compensation determined?

It is important to remember that (assuming liability is not in question) the ‘value’ of your car accident injury case will be assessed by looking at the gravity of the injury to the plaintiff and how same will affect their working, family, recreational and personal lives in the short, medium and long terms.

Some injuries (and very commonly following a car accident; whiplash type injuries) may take some time to fully manifest themselves and it may be several months or even years before your Doctors can give an accurate prognosis of the recovery period or diagnose a long-term condition.

Moreover your claim may well include an aspect of “special damages” for example loss of earnings (including potential loss of future earnings). This will depend on your own profession and earning potential and is a reflection of the wages you will lose as a result of your injuries, not the gravity of the injuries themselves.

Should I settle my car accident claim directly with an insurance company?

Increasingly, clients are reporting that they have been contacted directly by the defendant’s insurance company with offers of settlement shortly after their car incident. There is a strong temptation to accept an early offer of settlement; the immediate offer of money with minimum fuss, particularly in the current economic climate, is often too good to refuse. What many people do not realise, however, is that there is no way of knowing how much the claim is potentially worth at such an early stage and the risk is that the plaintiff may settle their claim for a figure that falls far short of its potential value. It is perhaps wise to ask the question ‘Why would the insurance company offer to settle the case at this early stage?’ the response is rather logical; it is not done out of kindness or generosity but in order to save costs. The liable party will normally be responsible for the compensation payment and also for both sets of legal costs and furthermore for the costs of procuring specialist medical reports.

Summary

• Car accident injury claims are amongst the most common personal injury claims in Ireland. This is mostly due to a high level of car ownership and limited public transport.
• For car accident injury claims to be successful, you have to show that you have sustained an injury due to the negligence or lack of care of another road user.
• However, your first priority should be your health, and car accident injury claims should be left until you have received appropriate medical attention.
• It also helps car accident injury claims if you submit your application form with a copy of the road traffic accident report made by the Gardai.
• Wherever feasible, you should collect the name, address and insurance details of the negligent driver, but even if you do not know their identity, modern technology can assist with car accident injury claims.
• Compensation for car accident injury claims is determined on the severity of your injuries and how long they may take to heal. Your best course of action is to discuss your entitlement to claim with a solicitor on our free legal advice telephone service.

It is important to note that each case is unique. If you have recently been involved in a car accident and feel that you have a potential personal injury claim you are advised to discuss all of the points raised in the preceding article with a solicitor at the earliest opportunity.

Copyright © 2010 Eoin P. Campbell

About the Author
Eoin P. Campbell is an honours law graduate (LL.B) and qualified solicitor whose professional experience is in the area of litigation and in particular personal injury claims. Eoin P. Campbell is currently lecturing in law at two universities in Lyon, France.