Accidents on our roads – making a claim for compensation – a legal guide from Kilkenny Law firm Holland Condon

Apr 8, 2014

Road Traffic Accidents of course account for a great percentage of all accidents in ireland and all drivers of vehicles are required by law to have some type of insurance cover which could be Fully Comprehensive (fully comp) or Third Party Fire and/or Theft.

These types of insurance policies give protection for anybody who might be involved in a crash or other accident and suffer personal injury due to the driver’s negligence and might want to make a traffic accident claim regardless of whether or not the driver was prosecuted by the Gardai. If it’s found that a negligent driver had no insurance or inadequate insurance when the accident occurred, you could still be capable of bringing a road traffic accident compensation claim through the MIBI.

****What if you’re the driver?
A driver can make a road traffic accident claim for loss and injuries if another person or party was responsible for the accident. This is usually another driver. However, under some situations the accident might have been caused due to the negligent actions of a different party. For instance if the roads weren’t gritted so they stayed icy and in a dangerous condition, an accident claim can be submitted against the party accountable for keeping the roads maintained.

In the event the accident also involved a cyclist or pedestrian that were later found to be at fault, an accident claim might still be made despite the fact that the offending party might not have any insurance cover. Nonetheless, in these instances it might not be worth bringing forward an accident claim.

****How do you stand as a passenger?
A passenger who has been involved in a road traffic accident in practically all instances can bring a successful personal injury claim for damages in which they have received injuries.

Passengers are in general considered as blameless casualties that have suffered because of somebody else’s negligence. Even so, failing to conform with the law in regards to the wearing of a seat belt could determine the level of damages received in any accident claims award.

****Cyclists can also make an accident claim
If a cyclist has been involved in an accident in which there has been a third party responsible, an injury compensation claim can be brought.

In addition to getting damages for injuries, you might also be able to recuperate losses for any damages to your bike/motorbike and your clothing together with loss of any earnings.

****What if you’re a pedestrian?
A pedestrian should be able to get compensation by means of a personal injury claim for his or her injuries if they are able to prove that injuries were caused by a third party.

If you are a pedestrian who has been involved in an accident and are to some extent to blame, you could still be eligible to some level of damages.

****What happens if an animal causes an accident on the road?
Unfortunately, animals that find their way onto roads can be the reason for an accident. Owners of livestock like horses or cattle are also responsible towards road users’ safety by having and keeping ample levels of protection as regards to their livestock getting loose.

If it can be found that the owner responsible for an animal involved in an accident failed to manage their animal/animals with regards to the safety of road users, a personal injury claim for any damages (and a claim for vehicle damage) can be brought against them.

– a legal guide from Kilkenny Law firm Holland Condon

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