Road traffic accident claims are the most common of all personal injury claims made to the Personal Injuries Assessment Board ( also known as “the Injuries Board” or “PIAB”) in Ireland.
Road traffic accident injuries refer to any injuries sustained while driving, cycling or walking on a public road or pathway. Passengers of cars can also suffer Road traffic accident injuries. Road traffic accidents may sadly cause any type of injury including:
If you have been injured in a road traffic accident, and suffered an injury and/or loss, you may be able to make a personal injury claim for compensation.
It is important to work with a Personal Injury Solicitor with expertise in car accident claims to ensure that you have the best chance of making a successful claim, and our experienced team at Cantillons Solicitors in Cork can help you through the process.
If you are involved in a road traffic accident, you are likely to be shocked and upset and it can be difficult to remember the correct protocol to follow. Here’s our quick guide to doing the right thing after a road traffic accident:
It is important to note that it is the responsibility of the negligent driver’s insurance company to deal with your personal injury compensation claim, and not the driver. If the driver was uninsured or the vehicle which caused the accident left the scene and is untraced it may still be possible to make a claim through the Motor Insurers’ Bureau of Ireland Scheme (MIBI). The MIBI compensates victims of accidents caused by uninsured, untraced, or unidentified drivers.
The first step in this process is for your Solicitor to notify the MIBI of the accident and the intention to pursue a claim for damages. Cantillons Solicitors will help you with this. A MIBI claim notification form will be required to be submitted detailing all available information in respect of the accident such as the date, time, and location, your own personal details, vehicle registration number, injuries sustained and attendances with hospital/Doctors and details of attending Garda.
The MIBI will then investigate the matter and will nominate an Insurance Company to deal with the claim.
MIBI claims can be complicated and there are certain onerous obligations on claimants relying on the scheme. It is always advisable to speak with a Solicitor. Cantillons has many years of experience dealing with the MIBI.
When you make a claim for compensation, you will need to provide all of the details of the accident and your injuries to your Solicitor.
Cantillons Solicitors will help you to gather the necessary evidence and documentation that is required, including medical reports, and we will submit your Injuries Board application form.
Once the application has been submitted, Cantillons Solicitors will help you in dealing with the Injuries Board. If additional information is required, we will assist you with that. For example, you are required to submit details of your out of pocket expenses to the Injuries Board or you may be unable to return to work for a period of time, or at all, as result of your injuries. We will assist you with compiling your out of pocket expenses, loss of earnings and future medical costs.
The Injuries Board will notify any other parties involved with your claim, by issuing them with a copy of your application form and medical report.
To assess a claim, the Injuries Board will consider your medical reposts, and they may also send you to their Doctors/Experts for their views on the extent of your injuries.
When the Injuries Board are assessing your claim, they will generally award compensation under the following headings:
Special Damages can be awarded for the expenses incurred to date and into the future.
When your claim has been assessed, if successful, you will receive a compensation offer, which (if you accept the award), will be paid to you by the party found to be at fault in your case. You will have 28 days to decide whether or not you wish to accept this offer, and failure to respond in this time will result in an automatic rejection of the offer. The party at fault has 21 days to accept or reject the offer. We will discuss this offer with you and advise you on whether or it is an appropriate amount of compensation for the injuries you suffered. When advising you on this, we will consider the Book of Quantum and also, from our experience, what a Court is likely to award you for your injuries.
At this stage, having consider the assessment, it is open to you to accept or to reject the Injuries Board assessment.
If both parties accept the assessment, then you should receive your settlement payment, and your case will be considered to be concluded.
If either party rejects the assessment, the next step, should you wish to do so, is to bring court proceedings, where a Judge will decide the outcome of your case. If the matter is to proceed down the Court road, we will draft court proceedings and represent you in Court. We will obtain the highest compensation award possible in your case, either through settlement, negotiation, mediation or Court award.
It is important to work with an experienced Solicitor to make your claim to the Injuries Board, because it is a complex process, and you are more likely to obtain the maximum amount of compensation that you are entitled to if you do so.
Cantillons Solicitors are Personal Injury Solicitors.
We take the time to get to know our clients, so that we can ensure the very best outcomes in every case.
Please contact our friendly team on +353 (0)21 4275673 or email us at [email protected] for more information.
* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as no win no fee Solicitors. This terms can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.
Cantillons Solicitors is OPEN. We are meeting new and existing clients at our office at 39 South Mall, Cork. We have taken the necessary precautions within our office to ensure the safety and wellbeing of all those who attend at our office. For those not in a position to attend in person at our office, we can facilitate online meetings (via Zoom and Skype). Please feel free to call us on +353 21 4275673 or email us on [email protected].