Passenger Car Accident Claims*

Navigating the aftermath of a passenger car accident can be daunting. Victims often face physical injuries, emotional distress, and significant financial burdens. Sherwin O’Riordan Solicitors understands these complexities and dedicates itself to providing comprehensive legal support to road traffic accident victims. Our expertise spans a wide range of scenarios, from minor collisions to severe incidents that result in life-altering injuries or fatalities. We commit to ensuring our clients receive the maximum compensation they deserve for their suffering and losses.

Understanding Your Entitlements

Victims of passenger car accidents may qualify for various forms of compensation, which we broadly categorize into general damages and special damages. General damages cover non-monetary losses like pain and suffering, loss of amenity, and psychological trauma. The assessment of general damages often relies on the Book of Quantum, a guideline published by the PIAB that outlines the compensation amounts for different types of personal injuries.

In contrast, special damages compensate for quantifiable financial losses incurred directly from the accident. This compensation can include medical expenses (such as hospital bills, rehabilitation costs, and prescription medications), loss of earnings (both past and future), property damage (including vehicle repair or replacement costs), and other out-of-pocket expenses like travel costs to medical appointments or care costs.

Reporting the Accident and Engaging Legal Counsel

• Report to An Garda Síochána: Report the accident to the Gardaí, especially if there are injuries or significant damage. Obtain a Garda Pulse Incident Number.
• Notify Your Insurance Company: Inform your own insurance company about the accident as soon as possible, even if you do not intend to make a claim against your policy.
• Contact Sherwin O’ Riordan Solicitors: Engage with a solicitor specializing in personal injury claims. Sherwin O’ Riordan Solicitors can provide expert advice and guide you through the entire process.  Early engagement ensures that crucial evidence is preserved and proper procedures are followed

The Claims* Process

• Initial Consultation and Assessment: Your solicitor will conduct an initial consultation to assess your case and gather relevant documentation. This includes reviewing medical reports, Garda reports, and photographic evidence.
• Application to the Personal Injuries Assessment Board (PIAB): Most personal injury claims in Ireland, including car accident claims, must first go to PIAB. Your solicitor will prepare and submit the application, ensuring all necessary details and documents are included.
• Medical Examination: PIAB may require you to undergo an independent medical examination to evaluate your injuries.
• PIAB Assessment: PIAB will assess your claim based on the evidence and issue a “Notice of Assessment” outlining the suggested compensation. Both you and the at-fault party’s insurer can accept or reject this assessment.
• Acceptance or Rejection of PIAB Assessment:
  • Acceptance: If both parties accept the assessment, the insurer will pay the compensation, concluding the claim.
  • Rejection: If either party rejects it, PIAB will issue an “Authorisation” to proceed with litigation.
• Negotiation and Settlement: If an Authorisation is issued, your solicitor will negotiate directly with the at-fault party’s insurer to reach a settlement. Many cases settle out of court at this stage.
• Issuing Court Proceedings: If negotiations fail, your solicitor will initiate court proceedings by preparing and filing legal documents with the appropriate court (District Court, Circuit Court, or High Court).
• Discovery Process: Both sides will exchange relevant documents and information during discovery.
• Court Hearing/Trial: If the case goes to trial, both sides will present their arguments and evidence to a judge, who will rule on liability and compensation.
• Resolution and Payment: Once a settlement is reached or a court judgment is made, the compensation is paid to the injured party.

Common Types of Passenger Accidents

• Accidents caused by the driver of the vehicle the passenger was in: This frequent scenario occurs when the driver’s negligence—such as speeding, distraction, or making a mistake—leads to the accident and passenger injury.
• Crashes involving other vehicles: Passengers injured in a collision between multiple vehicles can typically claim compensation, regardless of which driver was at fault.
• Collisions involving taxis, buses, or public transport operators: Passengers injured while using public transport can claim against the bus or taxi company if the driver was at fault, or against the driver of another vehicle if that driver was negligent.
• Accidents caused by road defects or poor maintenance: In some instances, the road condition itself, rather than driver negligence, can cause an accident. In such cases, the local authority or relevant road maintenance body might bear liability.
• Rear-end collisions: These common types of accidents often lead to passenger injuries, particularly whiplash, especially for front-seat passengers.
• Hit-and-run incidents: If the at-fault driver flees the scene or is uninsured, passengers can still pursue a claim through the Motor Insurers’ Bureau of Ireland (MIBI).
• Side-impact collisions: These often occur when drivers fail to yield, resulting in significant passenger injuries.
• Head-on collisions: These severe accidents can lead to very serious injuries for passengers.

Under Irish law, passengers generally qualify as “innocent” unless clear evidence suggests otherwise, such as knowingly entering a stolen car or traveling with an intoxicated driver. Even when a friend or family member drives the vehicle, victims typically make their claims against the driver’s insurance policy rather than against the individual personally. This approach helps to shield the driver from personal financial burdens.

Why Choose Sherwin O’ Riordan?

• Specialist Road Traffic Personal Injury Team – We have in-depth experience in handling road traffic accident claims.

• Client-First Approach – We provide clear, practical guidance at every stage, without using legal jargon.

• Nationwide Legal Support – We represent clients throughout Dublin, Wicklow, Kildare and the rest of Ireland.

Trusted Road Traffic Accident Solicitors in Dublin, Wicklow & Nationwide – Ph: 01 663 2000

At Sherwin O’ Riordan, you are never just a case number. You are a person with a story, and we make sure it is heard.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.