If you were the driver involved in an accident that was caused by another vehicle, you can claim for loss and injuries. You can also claim if the accident was caused by the road being in a dangerous condition. The Highways Authorities / County Council have a duty to maintain the roads. If the accident was caused by a pedestrian or a cyclist you could still make a claim. But it is worth noting that pedestrians and cyclists are not required to have insurance cover and may therefore be unable to pay any damages Damages The money you win as compensation, either after a court hearing or by reaching an agreement before getting to court. . If the accident was partly your fault and partly the fault of another driver, you may still be eligible for compensation for your injuries.
If the accident was solely your own fault you cannot make a claim. However, the value of your car or costs of repairs may be covered by your own insurance policy.
In nearly all cases, a car or motorcycle passenger injured in an accident can make a successful claim for damages. The passenger is usually a completely innocent victim of road accidents. Car passengers may have their damages reduced by up to 25% for not wearing a seat belt. Their claim may also be reduced if they knew, or ought to have known, that the driver was unfit to drive through drink or for any other reason.
Whiplash is one of the most common forms of injury experienced by victims of car crashes. It is caused by a sudden and unexpected jolt - for example your car being hit from behind - which forces your head and neck to be violently thrown backwards. The result can cause prolonged periods of suffering. Common symptoms are neck pain, stiff neck, headaches, shoulder pain and lower back pain. If you have suffered whiplash as a result of an injury that was not your fault, you are eligible to make a claim against the driver responsible.
If you are hurt after being hit or knocked from your bicycle by a vehicle you may have a claim against the driver who caused the accident. The driver should have insurance against your claim. You can also claim if your accident was caused by the road being in a dangerous condition but the law on this particular subject is different in Northern Ireland and the Republic of Ireland and specific advice should be taken on this from Solicitors who are familiar with the law in that particular jurisdiction Jurisdiction The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. In the specific context of Northern Ireland and the Republic of Ireland, it is important to ascertain whether the Courts in Northern Ireland or the Republic of Ireland are entitled to try the case. . The Highways Authorities / County Council have a duty to maintain the roads in certain circumstances. You may also be awarded compensation for any damage to your bicycle, ruined clothing and lost earnings. If the accident was your own fault you will not have a claim.
If you were a pedestrian knocked down by a motor vehicle in an accident that was not your fault, you should be able to claim damages. If the accident was partly your fault and partly the fault of the driver, you may still be eligible for compensation for your injuries. If the accident was the fault of a cyclist, you can still pursue a claim. But it is worth noting that cyclists are not legally required to have insurance and therefore may be unable to pay any damages.
Sometimes animals cause accidents when straying onto a road. An owner has a duty to keep cattle, horses and other livestock off the road so that accidents are not caused. If an owner of a dog knows it is likely to run across a road and might cause an accident, he or she may be held responsible. But it may only be worth pursuing a claim if the owner can afford to pay damages, or has insurance.
If you are injured by a driver who fails to stop or cannot be traced after the accident, you may still be able to make a claim for compensation from the Motor Insurers Bureau (MIB). You must report the accident to the Police / Gardai and the MIB as soon as possible and see if the driver or the insurers can be traced. There are very precise rules which apply to the making of Claims against the MIB and a Solicitor should be instructed immediately if you are in any doubt as to whether the other party is insured. (Please also visit our section “The Motor Insurers Bureau - Ireland and Northern Ireland”)
Republic of Ireland Claims - In contentious claims, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.