If you’ve been in a car accident, it’s normal to feel overwhelmed, confused, or frustrated. Along with physical injuries, you may face financial pressure and many unanswered questions, especially about your legal options.
At My Personal Injury Claim, we ensure you fully understand what auto accident litigation involves and guide you every step of the way. This article breaks down everything you need to know about car accident claims in Ireland, using clear, practical language to help you take confident action.
What Is Auto Accident Litigation?
Auto accident litigation is the legal process of seeking compensation when you’ve been injured or suffered damages in a road traffic accident. In Ireland, these claims are most often handled first by the Injuries Resolution Board (IRB), previously known as the Personal Injuries Assessment Board (PIAB).
Whether you were a driver, passenger, cyclist, or pedestrian, if someone else’s negligence caused your injuries, you may have the right to make a claim.
Who Is at Fault?
Understanding who is liable is critical. In Ireland, liability in car accidents is based on negligence. That means if someone else failed to drive responsibly – for example, speeding, running a red light, or driving while distracted – they may be held responsible for the accident and any resulting injuries.
If you were partially at fault, you may still be eligible for compensation under the principle of contributory negligence, but your award may be reduced.
Step-by-Step: How the Claims Process Works
1. Get Medical Help Immediately
First, look after your health. Even minor injuries need to be recorded by a medical professional. Medical evidence is key to your claim.
2. Report the Accident to Gardaí
If someone is injured or there's severe damage, you must report the accident to the Gardaí. This creates a formal record of the incident. Visit the Garda website for information on how to report a road traffic accident.
3. Notify the Other Party in Writing
You should notify the other driver or party that you intend to bring a claim within one month of the accident. This is a legal requirement in Ireland.
4. Submit a Claim to the Injuries Resolution Board
Most personal injury claims go through the IRB. You can apply online via the Injuries Resolution Board website. You’ll need:
- Medical report
- Garda report (if available)
- Application form and €90 fee
The IRB will assess the claim based on documentation. If both sides agree with the award, the matter is settled. If not, the IRB issues an authorisation to allow you to bring the case to court.
What About Mediation?
From December 2024, the IRB introduced a free mediation service for personal injury claims. Mediation is voluntary, confidential, and can resolve disputes quickly than going to court. It’s a great option if both parties are open to compromise. Learn more at the IRB mediation section.
Time Limits You Must Know
In most cases, you have two years from the date of the accident to start your claim. This is known as the Statute of Limitations.
If you fail to act within this period, you may lose your right to compensation. Time limits are paused while the IRB assesses your case. For detailed information, visit Citizens Information.
What Can You Claim For?
Compensation (also called "damages") can cover:
- Medical costs: GP visits, A&E, specialists, physiotherapy, medication
- Loss of earnings: Current and future income lost due to injury
- Pain and suffering: Physical pain and emotional impact
- Vehicle or property damage: Costs to repair or replace your car
- Care and support needs: If you require home help or nursing
The IRB uses the Personal Injuries Guidelines to calculate general damages. You can find these guidelines on the Judicial Council website.
Going to Court: When and Why
If the other party denies fault or the compensation offer is too low, you may need to go to court. In this case, a solicitor will issue proceedings in either the Circuit Court or the High Court, depending on the value of your claim.
Don’t worry – very few claims end up in a full trial. Most are settled beforehand.
How Long Does It All Take?
If settled through the IRB or mediation, it may take 7–12 months. If it goes to court, it can take up to two years or more, especially if medical treatments are ongoing.
Do You Need a Solicitor?
While you can submit a claim yourself, many people prefer to work with a solicitor. Here’s why:
- They know how to handle complex or disputed claims
- They can advise on fair compensation amounts
- They ensure paperwork and deadlines are met
If the IRB rejects your case and you need to go to court, legal representation becomes essential.
How Much Will It Cost?
Solicitor fees in personal injury cases are usually paid from your compensation. They cannot take a percentage but must agree on a fee with you in advance. This makes legal support more accessible.
No Win, No Fee is also applicable here. This means:
- You won’t pay legal fees upfront or during the case.
- If your claim is unsuccessful, you don’t owe your solicitor any fees.
- If you win, the solicitor’s fees are deducted from your compensation, but these must be agreed upon in advance.
This arrangement makes legal help more accessible and reduces financial risk for you. However, it’s important to:
- Get a clear, written agreement about fees before you proceed.
- Understand that you may still need to cover other costs (e.g., medical reports, court fees), but these are often recoverable if you win.
For many people, No Win, No Fee offers peace of mind, allowing you to focus on recovery without worrying about legal bills.
Get the Support You Deserve
Auto accident litigation can be confusing, but you don’t have to face it alone. Knowing your rights, the process, and how to protect your claim can help alleviate stress and enable you to focus on recovery.
If you've been in a car accident and it wasn’t your fault, you could be entitled to compensation, not just for medical expenses, but for the time, income, and peace of mind you’ve lost.
Need help with your claim? Our team specialises in personal injury law. We know the system inside out and can guide you every step of the way – from your initial application to full settlement.
Get in touch today to see how we can support you.
