Car
Accident/ Road Traffic Accident / Motor Accident:
Frequently Asked Questions
Who is to
blame in an accident? When can I claim?
Who is to blame? More details.
What about motorcycles/motorbikes?
Can I sue where I am injured from a
Slip and Fall or Tripping Accident?
What if I lose my Case?
How long will my accident claim case
take?
Do i need to go to court for accident
claim?
What are my duties at the
scene of road traffic accident?
Must i call gardai?
Should I stay at scene of accident?
Should I make a statement to the gardai?
Should I allow vehicles to be moved?
What details
should I write down?
Should I help to move an injured
person?
Should I drive home after accident?
What should I do after accident?
Should I attend hospital after accident?
Should I return to work after accident?
How do infants (under 18) take claims?
How do i get doctor/medical reports?
What other medical examinations will
i have?
Should I take photographs of my injuries?
Should I keep a diary/record of my
injuries/whiplash?
How will my claim be resolved? settlement
discussions – what is involved?
What expenses can i claim in accident
cases?
What
compensation am i entitled to claim for car damage?
How much money am I allowed to claim
for car repair?
How long should I wait before repairing
my vehicle/car?
How long am I entitled to hire an
alternative vehicle/car for?
Am I entitled to be compensated for
depreciation of my vehicle/car?
Can I use a Motor Assessor to help
prove that other party is at fault?
How much compensation
do i get for my injuries?
Is there tax payable on my compensation?
What if i had already suffered from
injuries before the accident?
Can i claim for loss of income?
Will the insurance company hire a private
investigator to investigate my claim?
Can I claim if the other party is uninsured?
Should I claim against my comprehensive
policy?
Will my case go to court? how much
will it cost me to make a claim?
What is the court process for my accident
claim?
Who is to blame in an accident? When can
I claim?
You are entitled to submit a claim for Compensation to
the Injuries Board (also known as PIAB or the Personal Injuries
Assessment Board) or through the Courts in certain circumstances,
if you can establish that the party/person who caused the accident
or injury was at fault (if you can establish that the said person
or party was only partly at fault, then you are entitled to be compensated
to the extent of this percentage of liability). In certain cases,
this aspect does not cause a major difficulty (for example, usually
where your vehicle is hit from the rear). In other cases, it can
be very difficult to establish that the other party is liable or
partly liable. Ultimately, it may be left to a Court to decide this
question or it may be resolved through negotiation between MSM Solicitors
and the Insurance Company. Feel free to ring MSM Solicitors for
our view without obligation.
Who is
to blame? More details.
At the first consultation with MSM (or over phone) MSM
will try to advise you as to the likelihood of your claim being
successful. Sometimes, it is clear that a successful outcome (or,
as the case may be, unsuccessful outcome) will be achieved but certain
cases are taken on the basis that there is considerable confusion
as regards whether the claim will be successful but, having balanced
the risk and costs involved, it has been decided to pursue the claim
in the hope that a compromise will be reached with the other person’s
Insurance Company and so result in fair compensation, taking into
account the fact that you might be partly responsible for the accident.
So, if you are involved in head-on collision with another car on
a bend where you were partly on the wrong side of the road and,
likewise the other party was partly in the wrong, it may be appropriate
that the claim be settled on a percentage basis. For example, it
might be agreed that each succeed to the extent of 50% - in this
case the compensation which you will receive will be only half which
you would have received had you been fully in the right and, likewise,
the other person will receive compensation of half the normal worth
of the case. This percentage of compensation may be very large,
or small, depending on the extent of injuries and damage caused
but it is normally worth pursuing. However, in this case, you might
lose your no-claims bonus with your Insurance Company (unless you
have insurance to cover this).
What about
motorcycles/motorbikes?
In the same way, a claim can be taken by the driver of
a motorcycle/motorbike provided they can show that the Other Party
is liable.
Can I
sue where I am injured from a Slip and Fall or Tripping Accident?
Yes; the rules are the same; you need to be able to show
that the Other Party is liable. So, if you slip in a supermarket,
you need to show that the floor is slippery or other such defect.
Please feel free to ring MSM Solicitors to discuss.
What if
I lose my Case?
Your case can be assessed at intervals so as to reduce
this risk. However, if you lose , you are liable to pay expenses.
If you lose, hopefully, the costs can be kept to a minimum by careful
negotiation with Defendant.
How long
will my accident claim case take?
The time that your case takes depends on a number of factors.
Usually, it is best not to resolve your case until your injuries
have settled down. If your injury is not very serious, it can be
resolved within a short time. However, if your injuries are serious
and long-lasting, then you are advised to wait some considerable
time before resolving.
Do i need
to go to court for accident claim?
Most injury cases are resolved out of Court so there is generally
not any need to go to Court.
What are
my duties at the scene of road traffic accident?
Must i call gardai?
In law, you are obliged to report the matter to the Gardai as soon
as possible where a person is injured. Where injury to a person
is not involved (where, for example, Damage to car only is involved),
it is not necessary to report the matter to the Gardai but you are
obliged to give all information to the other Party (Your name and
address, name of your Insurance Company and Policy Number).
All drivers of the vehicles involved in
the accident are obliged in law to keep the vehicles at or close
to the location of the accident for a reasonable period. The length
of such a period will depend on the circumstances but one would
have to allow time for the Gardai to arrive and carry out an investigation
in the appropriate case. Where a Road Traffic Accident occurs and
you are of the opinion that you are in the right, you are strongly
advised to immediately call the Gardai or arrange for the Gardai
to attend the scene of the accident (that is, if a person is injured,
you have no choice but to call the Gardai but where a person is
not injured you are advised to call the Gardai when the advantages
outlined below are in your favour). There are a number of advantages
in calling the Gardai to the scene of the accident (where you are
of the view that you are in the right) and the advantages are as
follows (where you are of the strong view that you are in the wrong,
it may be an advantage to you not to call the Gardai).
Advantages of calling the
Gardai
i. The Gardai will be in a position to examine the scene of the
accident, take a sketch and take statement from all parties including
witnesses. It is much better for the Gardai to attend at the scene
and hopefully discuss the case with those involved as much more
information is likely to be obtained by the Gardai than in an investigation
which takes place later (possibly a few days or weeks later).
ii. It is more likely that the Gardai will
obtain an admission of responsibility from the other Driver at the
scene of the accident than if the said person is questioned a number
of days or weeks later.
iii. The Gardai will be in a position to
examine skid-marks, point of impact (part of the road where collision
occurred) and position of debris and other evidence of collision,
so as to produce this evidence in your favour in the event of the
case going to Court or dispute arising concerning some aspect of
the evidence. The evidence of the GardaIn this regard can be particularly
useful to establish point of impact and, in the circumstances (provided
that this does not cause danger), it may be an advantage to ensure
that cars are not moved.
iv. The Gardai will be in a position to
obtain relevant insurance details of the other Party and other such
relevant details which can be sometimes difficult to obtain if one
is shocked (clearly it will not be possible to obtain this information
if one is severely injured).
Should
I stay at scene of accident?
All drivers of the vehicles involved in the accident are
obliged in law to keep the vehicles at or close to the location
of the accident for a reasonable period. The length of such a period
will depend on the circumstances but you would have to allow time
for the Gardai to arrive and carry out an investigation (where personal
injury).
Should
I make a statement to the gardai?
At the scene of the accident you are advised not to admit responsibility
and, under your Insurance Policy, you are generally not entitled
to admit responsibility but instead to allow this matter to be dealt
with later. Accordingly, you are advised not to admit responsibility
at the scene of the accident even if one is strongly of the view
that one is liable. The reason for this general rule (as outlined
above) is that one is better to allow time to reflect on the accident
rather than making a decision in the heat of the moment and under
considerable pressure. You are also advised not to make a statement
to Gardai but to make the Statement through MSM Solicitors or other
solicitor so that the statement can be made in a considered manner
after taking appropriate advice. Accordingly, if requested by the
Gardai, you are entitled to state that you will arrange the statement
to be made through your Solicitor without delay.
Should
I allow vehicles to be moved
If you have a camera in your car, it is a very good idea to take
photographs of the scene of the accident, including photographs
of the cars, skid-marks, debris on the road and other surrounding
circumstances, including injuries.
The advantage of not allow the cars to be moved is so that the Gardai
can then observe the positions of the cars subsequent to the accident.
The post-accident positions of the vehicles can be an important
part of the evidence establishing how the accident occurred. Sometimes
you will find that the driver of the other car may wish the vehicles
to be moved immediately so as to make it difficult to establish
the position of his/her or your car immediately after the accident
(for example, if his/her vehicle is on the wrong side of the road,
he may wish to have it moved to the correct side immediately). Of
course, you have to be sure not to block a road and to create a
danger to other vehicles which are using the road subsequent to
the accident, particularly at night.
Photographs: If you have a camera in your car, it is a very good
idea to take photographs of the scene of the accident, including
photographs of the cars, debris on the road and other surrounding
circumstances, including injuries, floor in shop where you slipped,
object over which one fell or was caused to fall, or other such
accident scenes which are likely to be disputed, can be most useful.
What details
should I write down?
If you are in a position to do so, please obtain the names and addressed
of the driver and owner of the other vehicle involved in the collision.
You should I also attempt to obtain names of witnesses as it may
be impossible to obtain these later, especially if the Gardai do
not come to the scene of the accident and obtain these. Sometimes,
witnesses leave the scene quickly and it is an advantage to obtain
this information at the scene of the accident, if possible.
Should I
help to move an injured person?
If in any doubt, do not move a person as it is appropriate to leave
this to Ambulance personnel or Doctors as moving persons with certain
injuries can cause them further injury. Furthermore, do not remove
crash helmets from Motor Cyclists.
Should I
drive home after accident?
You are advised not to drive home after the accident as you may
still be shocked. In the circumstances, you are advised to obtain
some other means of transport home as you may be suffering from
injury or shock arising out of the accident, which may make it dangerous
for you to drive.
What should
I do after accident?
Keep a Diary:
It is advisable to write down details of the accident as soon as
possible. In other words, as soon as one is in a position to do
so, one should I put in writing one’s account of the accident.
The reason for this is to avoid forgetting the relevant details.
One should I also take detailed notes of one’s conversations
with the other driver, witnesses, Gardai and other persons. This
account can then be referred to in the future (possibly some considerable
time afterwards for a Court Case) and will be a very valuable aid
to your memory. Furthermore, it would clarify your thoughts and
make it easier for you to recollect the accident and avoid confusion
and conflicting evidence being given by you (which can result from
bad memory and can severely damage your case in the event of your
case going to Court). Even though the accident might have occurred,
say, two years prior to the Court hearing, one is expected to remember
most of the occurrence and one can find oneself in difficulty in
Court if one is very vague or unclear as regards events.
Inform your Insurance Company:
At the earliest date, you should Inform your Insurance Company of
the occurrence and obtain an Accident Report Form from your Insurance
Company, complete this and return it to the Insurance Company. There
is normally very little difficulty in completing a form of this
nature, which will also include a section in which you draw out
a simple sketch of the accident but nevertheless care must be taken
in completing it.
MSM Solicitors will get details from Gardai:
MSM Solicitors usually write to the Gardai, requesting confirmation
of names addresses and insurance details of Defendant. It is important
that these details be correct, so as to ensure case is not proceedings
on the basis of incorrect information. Furthermore, the Gardai may
be in a position to give names of witnesses or other relevant details
which I might not have at this point. The Gardai will normally give
this information. If the Gardai are about to prosecute one of the
parties involved, the Gardai will still give this information but
will not release more detailed evidence until after the prosecution.
If there is a prosecution of the said Defendant, (that is, if the
Gardai charge the Defendant with careless driving or dangerous driving
in the “Criminal Courts”, remember, you will be claiming
compensation for you in the “Civil Courts” or PIAB).
MSM Solicitors will arrange to be in Court so as to hear all the
evidence but, as it is a Garda case, you and your solicitor would
not be allowed to be directly involved (unless you are prosecuted
and your solicitor would then be defending you).
Should I
attend hospital after accident?
You might attend a Hospital immediately after the accident or you
might be referred to a Hospital at a later date. If it is realised
at the scene of the accident that injuries might have been suffered,
it is normal for you to be brought to a Hospital for examination.
At the Hospital, Medical Personnel will arrange for appropriate
examinations and have you referred for X-rays and other such more
detailed tests and treatment. Frequently, injury is often not perceived
immediate after the accident and you might only become aware of
it some hours or days later. In other cases, it is normal for you
to attend your GP and for your GP to refer you to the Hospital for
X-rays and other Scans.
Accordingly, in these cases, it may be some days before you attend
Hospital. Doctors sometimes advise that X-rays be taken in these
cases, even if bony injury (for example, a break or fracture) is
not suspected ;in these cases, X-rays may be very useful at a later
date so as to compare the condition of one’s bone at this
stage with development at a later date for Medical analysis and
legal proofs . The Hospital might advise that you return to the
Hospital at intervals subsequent to this initial examination for
continual assessment or you might be referred back to your GP. In
other words, it is likely that you will be asked to return to the
Hospital every few weeks for assessment.
At the initial attendance at the Hospital, appropriate Medical prescription
will be given (or you might be referred to your GP for this). In
whiplash cases, it is normal for pain-relieving medication to be
prescribed, as the degree of pain in these cases can be most severe.
Furthermore, Anti-inflammatory medicine might also be prescribed
if Doctors are of the view that this is appropriate.
Should
I return to work after accident?
After you have been discharged from Hospital, you then return home
to live with the injury as best you can. You may soon have to face
the question of whether you are able to return to work. This question
should I be addressed with your Doctor. The answer to this question
(of whether or not to return to work) will depend on the nature
of the injury and the degree of injury suffered as well as the nature
of your employment. Accordingly, if you have suffered injury to
your neck, back and head, you might not be in a position to return
to work if you are engaged in physically-demanding employment. Likewise,
if you are engaged in a job which requires considerable travelling
in your car, injury to your neck/back may prevent you resuming your
job for some time.
On the other hand, your Doctor might advise you to return to work.
In law, you are obliged to return to work when you are able to do
so and you are not entitled to stay out of work when return to work
is medically advisable and possible. In law, you are obliged to
“mitigate” (or reduce) your losses in accident cases,
meaning that you are obliged to return to work and resume income
so as to keep to a minimum the amount which you are claiming against
the person who caused the injury. In any event, each case varies
and you can only assess your own injuries and own job and make the
appropriate decision in the circumstances.
How do infants
(under 18) take claims?
Any person under the age of 18 years cannot sue in his or her own
name. Instead, the case must be taken in the name of one of the
parents. The infant is allowed to give evident in Court. When a
settlement is reached in respect of the case, the matter must come
before a Judge who must approve the settlement. This means that,
even through the Insurance Company might have agreed to pay a certain
amount of money to the infant, the matter must be presented before
the Judge who must be satisfied that the amount being offered is
sufficient compensation for the infant. The Claim also goes through
the PIAB process.
The reasoning behind Court approval being required (as well as PIAB)
is that the Court is a Guardian of the infant and must be happy
that the settlement is a fair and reasonable settlement, taking
into account all factors. The said monies, whether received by way
of settlement or Court Order, are lodged in Court and cannot be
drawn by the infant until the infant reaches 18 years. After 18
years, the infant is entitled to withdraw the monies. The said monies
are invested during the said period, until the infant is 18 years
of age. The investment is carried out by the Court System. It is
possible, prior to the infant reaching 18 years of age, to request
the Court to allow certain monies to be withdrawn so as to allow
these monies to be used for the infant (for justifiable purposes,
for example, education or medical needs). However, the Court is
generally reluctant to allow monies to be paid to an infant unless
the payment is for the benefit of the infant in the long term.
How do
i get doctor/medical reports?
Reports from your Doctor and Medical Consultants are normally required
in compensation cases. In other words, it is necessary to obtain
an outline of your injuries from the Doctor and explanation by the
Doctor of the nature of injuries suffered, the seriousness of same
and the likely period for which the injuries will last and the general
prognosis (forecast/prediction as regards your condition). MSM Solicitors
will arrange these Reports. It is normal, in injuries to neck and
back, to obtain Medical Report from an Orthopaedic Surgeon as these
are experts in injuries of this nature. The Orthopaedic Surgeon
will examine your injuries in the light of x-rays and other Medical
data. To prepare the Report, the Orthopaedic Surgeon will meet you
and discuss your injuries. When meeting the Orthopaedic Surgeon,
it is most important to ensure that you outline all of your complaints.
What other
medical examinations will i have?
The Insurance Company of the other person (Defendant) & PIAB
will arrange for you to be examined by their Doctor/Consultant.
The purpose of this examination is to allow the Insurance Company/PIAB
to assess your Medical condition to help them to “value”
your case. The said Doctor/Consultant will sometimes carry out various
stretching exercises with you (in relation to back, neck and such
injuries) so as to discover the extent to which the injury has restricted
your movements.
This Doctor/Consultant will ask you to outline the manner in which
the accident has affected you. It is advisable to consult your Diary/Record
at this point so that full details are given to the said Doctor.
These examinations are arranged in almost all cases and, accordingly,
you should I not feel nervous or concerned about undergoing them;
on the contrary, you should I assert yourself and outline injuries
as comprehensively as possible as to do justice to your claim.
Should
I take photographs of my injuries?
In certain cases, photographs may be useful so as to produce a historical
recording of injury. Photographs are not of any benefit in injury
to neck and back but can be of considerable benefit where cut/bruises/other
markings are evident. These photographs can be of considerable benefit
in settlement discussions/Court hearings when the case takes place
some months or years after the injuries and when the injuries appear
to have fully healed. Without such photographs, it may be extremely
difficult to convince a Judge/Insurance Company representative that
injuries were as nasty as photographs will prove.
Should
I keep a diary/record of my injuries/whiplash?
It is advisable to keep “a diary” (or written record
or notes) concerning your injuries, (meaning that you should I write
down particulars of your suffering, details of same, how same affected
your lifestyle; whether same affects your sleeping pattern; any
difficulty in sitting, difficulty in walking, problems in your occupation
and all other such relevant details concerning the injury including
whether pain relief tablets are being taken).
This detailed outline of your suffering will be of considerable
benefit in the case (for example, if you are discussing the case
two years later, you are less likely to forget relevant details).
Normally, you should I enter details in the diary or written record
every few days/weeks and it can be a very short outline if you do
not wish to go into much detail (usually minute detail is not required).
How
will my claim be resolved? settlement discussions – what is
involved?
At some stage, discussions dealing with the settlement of your case
are likely to take place. Nowadays, these are frequently done by
your Solicitor over the phone (in less severe cases). In more serious
cases, Settlement Discussions involve a meeting taking place between
MSM Solicitors and the Insurance Company . In other words, a meeting
takes place between your representatives and the representatives
of the Insurance Company in which your case is discussed with a
view to resolving it. You will not be present at the discussion
but you will be asked to attend at the location so that you can
be consulted concerning details of the discussion. If these discussions
take place, the Insurance Company representatives are likely to
make an offer of compensation to you. MSM Solicitors (sometimes
a Barrister will assist) will advise you as to whether this offer
is sufficient or whether you should I turn it down.
Normally, these discussions involve offer,
counter-offer and negotiations for some considerable time until,
hopefully, a satisfactory offer is made which you decide to accept.
The said discussions can only take place when you feel that you
are in a position to assess your injuries i.e. it is advisable to
wait some considerable time before you enter into discussions, as
otherwise, you are likely to under- sell your injuries (for example,
if you settle for a certain amount of money on the basis of your
perceptions of your injuries after a period of six months after
the accident, you might discover, some months later, that your injuries
are considerably worse and, of course, it will then be too late
if you have already accepted a settlement offer).
At the said settlement discussion, it is
advisable for you to attend with some confidante or friend so that
the offer can be discussed with the said person. Of course, your
Barrister and MSM Solicitors will also advise you as to whether
the offer is a reasonable one in the circumstances. At these discussions,
it is advisable for you to bring your diary, so that you can revive
your memory of the details of the accident and your suffering.
What expenses
can i claim in accident cases?
From the very beginning, you should I keep invoices or receipts
in respect of all expenses incurred. These invoices will include,
for example, hospital invoices, invoices for x-rays, taxi and other
travel expenses, pharmacist’s expenses, doctor’s expenses,
specialists’ expenses, fees for MRI Scans and other such expenses
arising out of the accident. These Invoices/Receipts should I be
given to MSM Solicitors at intervals so that they may be included
in the claim. Without written receipt/invoices, it may be difficult
to be compensated in respect of these out-of-pocket expenses. Out-of-pocket
expenses are referred to as Special Damages.
What compensation
am i entitled to claim for car damage?
How much money am I allowed to
claim for car repair?
As well as receiving compensation for injury to a person, you, of
course, are also entitled to compensation for damage to your car
or other vehicle. It is sometimes advisable to have a Motor Assessor
carry out an examination of your car so as to specify the extent
of damage caused and MSM Solicitors can arrange for this to be done.
In other words, the Motor Assessor will be in a position to specify
the amount of compensation which you are likely to be entitled to
in respect of the damage to the car, taking into account the extent
of damage caused, and the value of the car prior to the accident.
If the car is severely damaged (or was in very poor condition or
very old prior to the accident), the Motor Assessor may deem the
car be a “Write-off”, meaning that the car is not worth
repairing and is to be sold as “salvage” (i.e. that
it’s only value is as scrap). A car will be treated as a write-off
where it is uneconomical to repair it (i.e. the cost of repair exceeds
the amount which the car would be worth subsequent to the repair,
taking into account its scrap- value prior to repair). Where a car
is a write-off, the Motor Assessor will be in a position to specify
the value of the car prior to the accident (i.e. pre-accident value).
The Motor Assessor will then specify the worth of the car as it
is now (i.e. its crashed value) and will compensate you for the
difference (i.e. if your car was worth €10,000.00 before the
accident and is now, as scrap, worth €2,000.00 you are entitled
to €8,000.00 compensation). You may also keep the crashed car
or sell it for €2,000.00.
How
long should I wait before repairing my vehicle/car?
You should I not proceed to repair your car until you have given
the Insurance Company for the “Defendant” a reasonable
opportunity of examining the vehicle as the Insurance Company will
normally arrange for an examination of it so it can satisfy itself
as regards the real worth of the claim (but it can sometimes be
sufficient to retain the damaged parts and allow the Insurance Company
Assessors to examine these and proceed to have the car repaired).
Indeed, so as to keep the period of car-hire to a minimum, this
last approach is sometimes necessary.
How
long am I entitled to hire an alternative vehicle/car for?
After an accident, if your car is not road-worthy or if you are
obliged to leave your car in your garage for repair for a period,
or if you are obliged to purchase an alternative vehicle in the
event of your car being a write-off, you will normally be entitled
to be compensated for hiring a car for a certain period (typically
two/three weeks but this may be less and each case must be examined
separately). After the expiration of this period, you are not entitled
to hire a vehicle for any further period but must either purchase
an alternative vehicle or have the repairs carried out on your existing
vehicle. If you do not hire a car, you may receive compensation
for “loss of use”, meaning that you did not have the
use of your car and did not hire another car.
Am
I entitled to be compensated for depreciation of my vehicle/car?
If your car is to be repaired, you are entitled to claim depreciation
in respect of the reduction in value of your car caused by the accident.
In other words, a car which has been in a crash (and which has been
repaired) is normally worth less than a car which has not been so
involved. It is normal for Insurance Companies to offer compensation
of 10% of the repair figure (but usually only for quite new vehicles)
and accordingly, this level of compensation is frequently not adequate
but it is difficult to obtain more. If the car is old, you might
not be entitled to be compensated for depreciation. In summary,
you tend not be sufficiently compensated for depreciation,
Can
I use a Motor Assessor to help prove that other party is at fault?
In the event of a dispute arising as to how an accident occurred,
the evidence of a Motor Assessor may be useful in determining the
angle of impact (as well as normal evidence which a Motor-Assessor
offers, namely the valuation of damage). The angle of damage may
indicate the point from which the Defendant emerged and the Motor-Assessor
might also be in a position to confirm that the damage indicates
that the Defendant was driving a speed, thus helping you to win
the case. It may also be advisable for the Motor-Assessor to examine
the Defendant’s Car so as to offer similar evidence.
HOW MUCH
COMPENSATION DO I GET FOR MY INJURIES?
Many factors are taken into account in deciding the amount of compensation
to which you are entitled to. You are entitled to be compensated
to the extent of your injuries. Naturally, you are entitled to a
higher compensation if your injuries are serious. Seriousness of
injuries is determined by a number of factors, including intensity
of pain suffered, whether you attended hospital and were detained
for a period, the extent to which the injury interfered with your
normal lifestyle, the length of time which the injury and suffering
have persisted. A very important factor to be taken into account
in assessing the amount of compensation is the prognosis i.e. the
extent to which the injury is likely to affect you in the future;
accordingly, if the doctors are of the view that your injury is
likely to last into the future and further deteriorate, this will
be a very important factor in deciding compensation.
Furthermore, if the doctor is off the view that the injury is likely
to lead to arthritis or other debilitating disease, this will be
very relevant. On the other hand, if your complaints have largely
subsided and you have almost made a full recovery (say after a period
of one year after the accident), this will indicate that your injuries
are much less severe. Your occupation at the time of an accident
might be very relevant. Accordingly, if you are engaged in physically-demanding
employment, the injury may have much more severe consequences (to
the extent to which it will adversely affect your capacity to work)
than if you are engaged in a sedentary occupation; but each case
must be examined on its own merits.
Is there
tax payable on my compensation?
Settlement payments or Court Awards in respect of personal injuries
are exempt from Income Tax. Accordingly, money received in this
way comes within the rare category of not being taxable. Quite clearly,
this is a major advantage to payments of this nature. Any income,
including rental income received in respect of investment of such
compensation or Court Award, is also exempt from Income Tax.
However, for the exemption to apply, income arising from the investment
must comprise of the “Sole or main” income of the individual
concerned. In these circumstances, the Revenue Commissioners define
“Sole or Main” as being more than 50%. In working out
these calculations, they disregard any Invalidity/Disability Pension
received, provided that the injury or disability which gave rise
to the payment of the said Invalidity/Disability Pension, arose
from the same accident.
What if
i had already suffered from injuries before the accident?
Frequently, clients will have suffered pre-accident injuries or
have been complaining of back/neck injuries prior to an accident.
In other words, you may have been involved in a previous accident
or otherwise suffered back, neck, head or other complaints prior
to the accident. The accident might render these injuries worse.
For the present accident, one is entitled to be compensated to the
extent that the present accident contributed to the worsening of
your condition.
Sometimes, it may be difficult to distinguish between the injuries
or complaints which prevailed prior to the accident and those which
were caused by the present accident. In any event, it is a matter
to analyse your condition and to “apportion” the causes
of the present complaints (taking into account your own complaints
and doctors views as regards these aspects). In any event, please
be reassured that you are entitled to be compensated for the extent
which the present accident rendered you worse.
Can i
claim for loss of income?
If you suffer loss of income arising out of the accident, you are
also entitled to claim for this loss. If your employer does not
pay you because you are out of work, or you suffer a reduction in
your income, you are entitled to claim this amount. Any loss of
income suffered by a self-employed person can also be claimed (usually
accounts are required from your Book-Keeper/Accountant to vouch
loss of income in these cases). However, generally, any Social Welfare
received by you is deducted from this. For example you receive €5,000.00
less from your employer during a three month period than you otherwise
would have received, you are entitled to claim this €5,000.00.
However, if you received, for example €2,000.00 Social Welfare
during this period, the €2,000.00 would be deducted from the
€5,000.00. Accordingly, in these circumstances, you would be
entitled to compensation of €3,000.00. Certain types of Social
Welfare are non-deductible but these are rare.
Will the
insurance company hire a private investigator to investigate my
claim?
Insurance Companies frequently employ Private Investigators to investigate
claims. Typically, the investigators will follow you and examine
your activities and take photographs of you carrying out activities
which might indicate that your injuries are not as serious as you
are claiming. In other words, if you are claiming that your back
and neck are seriously injured and that you are unable to carry
out activities, the Private Investigator might attend close to your
house with a view to obtaining evidence that you are able to engage
in certain activities (for example, gardening or other heavy work).
Accordingly, you should I be aware, when making a claim, that the
Insurance Company might investigate you in this way.
Can
i claim if the other party is uninsured?
Yes, in most cases you can claim, even where it is a “hit-and-run”
accident, (where the driver is unidentified and has fled from the
scene of the accident). In these cases a claim can usually be made
against the MIBI (Motor Insurers’ Bureau of Ireland). Please
contact MSM Solicitors for advice.
Should
I claim against my comprehensive policy?
If you can show that the Other Party is responsible, you should
I avoid claiming against your own Comprehensive Policy (for car
damage). However, if there is likely to be a long delay in getting
paid by the Other Party (and you need the money to buy another vehicle)
it can be a good idea to so claim (your Insurance Company will be
reimbursed in due course).
Will my
case go to court? how much will it cost me to make a claim?
Most cases do not go to court. Most are resolved in PIAB or prior
to you having to appear in Court.As regards fees, hopefully , most
of your fees will be payable by the Other Party’s Insurer
(PIAB awards do not cover legal fees). Please feel free to ring
MSM Solicitors to discuss.
What
is the court process for my accident claim?
Almost all claims have first to be submitted to PIAB. If the PIAB
process has not resolved the claim then the matter must be brought
before the Court . The Court process means issuing a “writ,”
namely a summons to the Defendant that, unless you are compensated
properly, you are going to bring the matter before a Judge for assessment/hearing.
Once you commence a Court process, you are bound by the rules of
the Court in terms of documentation/hearing dates and other procedures
(you must go to PIAB in most cases first, i.e. you cannot leap-
frog to Court).
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