When a van crashed into my scooter I sustained mouth injuries and now I want to know if I can claim compensation for a broken tooth.

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Provided that your injury can be proven to have been sustained due to the negligence of another party, you should be able to claim compensation for a broken tooth. You can begin proving the van driver’s negligence as soon as the moments following the accident, but you are advised to engage with an experienced solicitor who can guide you on the correct process to follow.

Even if your injury did not seem serious at the time, you should have had it examined by a medical practitioner immediately after the accident, as your injury would be noted in your medical history and can be a valuable piece of evidence that can later support your compensation for broken tooth claim.

If the Gardai were called but did not attend the scene of the accident, the call made to them will be recorded and can also be used as proof that the accident did, in fact, occur. It is advised that you call into the local Garda station and file a report of the accident that could add further weight to your broken tooth compensation claim.

Most road users know that personal and insurance details should be exchanged between those involved in an accident. Additionally you should have collected the details of witnesses to the accident who can be called upon to support your claim. If it had been possible, any pictures you took at the scene would be beneficial to your claim, as would CCTV footage, if available.

Even if you did not complete all of the procedures mentioned above you could still be eligible to claim compensation for a broken tooth. You would be well advised to contact a solicitor as soon as possible who can answer any questions you may have in the free initial consultation that most solicitors offer, and he or she would be able to assess if your claim is viable. If recommended that you proceed, your solicitor would be able to assemble the evidence required, and can aid you with your application for assessment to the Injuries Board Ireland.