Suffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.
Making a Claim in Ireland for a Road Traffic Accident Abroad While on Holiday
Suffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. Here's what you need to know.
1. Can I Make a Claim in Ireland for an Accident That Happened Abroad?
Yes, it’s possible—under specific conditions. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.
For example:
- If the accident occurred in Spain and the other driver is insured by a company that operates or has a representative in Ireland, you may be eligible to bring the claim here.
- If the accident occured in Portugal and the insurer of the other driver is based in another EU member state, you may be eligible to bring the claim here.
- If you were a passenger on a package holiday arranged in Ireland, liability may also lie with the Irish tour operator, allowing you to pursue the claim domestically.
2. What Laws Apply to the Claim?
Even if your claim is brought in an Irish court, the law of the country where the accident occurred usually applies to determine liability and compensation. This means:
- Standards for fault or negligence will be based on local law.
- Compensation amounts may reflect the norms of that country—not necessarily what you’d receive under Irish personal injury law.
This is governed by the Rome II Regulation, which applies across the EU.
3. Whom Can I Claim Against?
You might be able to claim against:
The foreign driver or their insurer.
Your own motor insurance provider under some travel or comprehensive motor policies.
The Motor Insurers' Bureau of Ireland (MIBI) in cases involving uninsured or untraced drivers (depending on the circumstances).
An Irish tour operator, if they failed in a duty of care during a package holiday under the Package Holidays and Travel Trade Act 1995.
4. Time Limits for Claiming
The time limit (limitation period) to bring a claim depends on the country where the accident occurred. Some countries have much shorter deadlines than Ireland’s typical two-year limit for personal injuries. Therefore contacting your personal injury claim solicitor quickly regarding the road traffic action is crucial to avoid any deadline for a claim being missed.
5. What Should You Do Immediately After the Accident?
Call local emergency services and obtain a police report.
Collect as much evidence as possible: photos, witness details, insurance information.
Seek medical attention and keep all documentation.
Notify your travel insurer or motor insurer as soon as possible.
Consult an Irish solicitor with experience in cross-border personal injury claims.
6. How Can a Solicitor Help?
An experienced solicitor can:
Advise on jurisdiction and applicable law.
Liaise with foreign insurers and authorities.
Coordinate with legal experts in the country where the accident happened.
Represent you in Irish courts for the claim.
Conclusion
While the process may seem daunting, legal protections exist for Irish citizens injured in road traffic accidents overseas. With the right legal guidance and prompt action, you can pursue compensation for your injuries, with the comfort of issuing proceedings with an Irish solicitor and in Ireland.
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