How to Claim Compensation After a Road Traffic Accident in Ireland

Road traffic accidents can happen in an instant, but the consequences can last months, years. or even a lifetime. If you have been injured in a car, motorcycle, cycling, escooter or pedestrian accident in Ireland, you may be entitled to claim compensation.

This guide explains how to claim compensation after a road traffic accident in Ireland, what steps to take, time limits involved, and how the process works.

What Should You Do Immediately After a Road Traffic Accident?

Your actions at the scene can significantly impact a future personal injury claim.

1. Ensure Safety First

• Move to a safe location if possible.
• Call emergency services if anyone is injured.
• Do not leave the scene.

2. Exchange Details

Under Irish law, drivers must provide:

• Name and address
• Vehicle registration number
• Insurance details

3. Gather Evidence

If safe to do so:

• Take photographs of vehicles, damage, road conditions, and injuries
• Get names and contact details of witnesses
• Note the time, location, and weather conditions

4. Seek Medical Attention

Even if injuries seem minor, you may not realise an injury yet and could still be in shock. Consult your GP or attend hospital. Medical records are essential for a compensation claim.

Who Can Claim Compensation?

You may be entitled to claim if you were:

• A driver injured due to another driver’s negligence
• A passenger in a vehicle
• A pedestrian hit by a vehicle
• A cyclist involved in a collision
• An ebike or escooter cyclist
• A motorcyclist injured in an accident

Even if you were partially at fault, you may still recover compensation under the principle of contributory negligence.

How Do You Make a Personal Injury Claim in Ireland?

Most road traffic accident claims in Ireland begin with the Personal Injuries Resolution Board (PIRB) (formerly the Injuries Board).

Step 1: Consult a Solicitor

While it is not legally required, a solicitor ensures:

• Your claim is correctly prepared
• Medical evidence is properly presented
• You receive fair compensation
• Time limits are met

Step 2: Submit an Application to the PIRB

Your solicitor will:

• Gather medical reports
• Calculate your financial losses
• Submit an application to the PIRB

The Board assesses compensation based on the Judicial Guidelines.

Step 3: Assessment or Court Proceedings

• If both parties accept the PIRB assessment, compensation is awarded.
• If either party rejects it, court proceedings may be issued.

Most cases settle before reaching a full court hearing.

What Can You Claim Compensation For?

Compensation generally falls into two categories:

1. General Damages

Compensation for:

• Pain and suffering
• Physical and psychological injury
• Loss of quality of life

2. Special Damages

Financial losses such as:

• Medical expenses
• Loss of earnings
• Travel costs
• Rehabilitation costs
• Vehicle repair or replacement
• Future care needs

Every case is assessed individually based on medical evidence and financial documentation.

What Is the Time Limit for Making a Claim?

In most cases, you have two years less one day from:

• The date of the accident, or
• The date you became aware of your injuries

This is known as the statute of limitations.

Exceptions may apply in cases involving children (who generally have an additional two years from their 18th birthday).

It is important to seek legal advice as soon as possible to avoid missing this deadline.

What If the Other Driver Is Uninsured or Unidentified?

If the at-fault driver:

• Has no insurance, or
• Leaves the scene (hit-and-run),

You may still claim compensation through the Motor Insurers’ Bureau of Ireland (MIBI).

Strict reporting requirements apply, including notifying An Garda Síochána promptly.

Will You Have to Go to Court?

Most road traffic accident claims settle without a full court trial.

Court proceedings may be necessary if:

• Liability is disputed
• The compensation offered is too low
• The PIRB assessment is rejected

Even then, many cases resolve before a hearing takes place.

How Long Does a Claim Take?

The timeline depends on:

• The severity of injuries
• Whether liability is disputed
• Whether the case settles early

Straightforward claims may resolve within months, while more complex cases can take longer.

It is generally advisable not to settle a claim until the full extent of your injuries is medically clear.

Common Mistakes to Avoid

• Delaying medical treatment
• Failing to report the accident to Gardaí
• Posting details about the accident on social media
• Accepting a quick settlement without legal advice
• Missing the statutory time limit

Frequently Asked Questions

How much compensation will I receive?

Compensation varies depending on the severity of injury, financial losses, and medical prognosis. The Judicial Guidelines provide ranges, but each case is unique.

An experienced personal injury solicitor will be able to provide an estimate to you during your claim based on your injuries, recovery timeline and your special damages.

Can I claim if I was partly at fault?

Yes. Compensation may be reduced proportionately under contributory negligence rules.

Do I need a solicitor?

While not mandatory, professional legal representation significantly improves your ability to secure fair compensation and avoid procedural errors.

Speak to a Solicitor About Your Road Traffic Accident

If you have been injured in a road traffic accident, obtaining early legal advice can protect your rights and ensure your claim is properly managed from the outset.

At Cosgrove Gaynard Solicitors, we advise clients across Ireland on personal injury and road traffic accident claims. Our team can guide you through every stage of the process — from initial consultation to resolution.

Contact us to arrange a confidential consultation.

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