- The person responsible for my car accident is contesting responsibility
- Eoin P. Campbell, LL.B., Solicitor
- Editor in Chief
Yes, in the case of car accidents, you still need to submit a claim to the Injuries Board Ireland even when you know in advance that the person will not accept liability for your injuries. In fact, it probably does not make any difference. What will happen is that your solicitor will submit your claim to the Injuries Board Ireland while at the same time starting negotiations with the driver’s insurance company. You should also remember that the driver’s insurance company will take over management of any potential compensation claim. The insurance company may not agree with the driver’s assessment of the car accident and may agree to using the Injuries Board Ireland process. If the so-called “Respondent” (person guilty of causing the car accident in this case) in the Injuries Board process declines to proceed, the Injuries Board issues your solicitor with an “Authorisation” to proceed as normal with litigation. This means your solicitor will start court proceedings, while at the same time negotiating with the insurance company. You should be aware that in over 90% of cases, your solicitor will negotiate a settlement with the insurance company.