Drive safely and legally to protect your path; know your rights on the road

We are all bound to be involved in a road traffic accident at some point in our lives. It might be a small tip while parking your car or something more serious. Knowing how to deal with the situation should it arise is important.

FIRST THINGS FIRST - WHAT SHOULD YOU DO IF YOU HAVE AN ACCIDENT?

The first priority goes without saying – ensure that all those involved in the accident are not injured. If there are injuries, decide whether an ambulance should be called. The golden rule – if in doubt, call for help!

WHAT ARE THE PRACTICAL STEPS TO TAKE AT THE ACCIDENT SCENE FOLLOWING AN ACCIDENT?

• Stay safe! Bearing in mind the weather conditions, falling trees, flooding and overturning trucks, make sure that you and all the other people involved are out of harm’s way so that there will not be any further accidents.
• Be nice! Showing concern for an injured party does not mean admitting you are at fault!  A little kindness goes a long way!
• Call the Gardai immediately and report the incident. If the Gardai feel that they don’t have to attend to the scene, the accident should still be formally reported to the Gardai, and you should attend at your nearest Garda station after the accident to deal with this.
• Exchange contact details with the other drivers and anyone who witnessed the accident.
• You should also gather as much information as possible at the
  scene:
  o Name and Address of the Driver
  o Name and Address of the owner of the car
  o Name and Address of Witnesses
  o Insurance Details
  o Vehicle registration
  o Details of the Gardai in attendance
• If you are a bystander or a passer-by, you are likely to be more hindrance than help unless you can assist. Provide your details to the drivers at the scene or the Gardai but do not hang around to see how things pan out.
• If possible, take photographs of the scene, the vehicles, the debris and road markings.

WHAT ARE THE DON’TS?

• Never admit liability at the scene. It is often a condition of insurance that liability is not admitted.
• Do not move the vehicles unless necessary. Generally, the vehicles should stay as they stopped unless the Gardai advise otherwise. If it is required to move them, ensure you obtain photographs of their positions on the road beforehand.
• Never leave the scene of an accident. This is a criminal offence. Remain at the scene until the Gardai have confirmed you can leave.
• Do not get angry! Getting irate at the scene can often serve to make things worse. Stay calm!

AFTER THE INITIAL SHOCK – WHAT’S NEXT?

• Fess up! Inform your insurance company immediately. This should be done even if it is not your fault.
• Keep a Note! Write down your account of what happened and how it happened. Don’t forget to include details of the road conditions that day. Ensure you keep all your receipts for medical expenses and property damage.
• Take photographs of your injuries to document them.
• Finally, once the storm has settled, watch the time! Remember, anyone who has suffered an injury following an accident only has two years to take a claim.  If you were involved in an accident that was not your fault and you feel you might be entitled to compensation, the time to deal with it is now.

WHAT IS THE FIRST STEP IF YOU ARE INJURED IN A ROAD TRAFFIC ACCIDENT AND WISH TO MAKE A PERSONAL INJURY CLAIM?

If you are involved in an accident and suffer personal injury which you seek compensation for, the first stage of the process is an application to the Injuries Board.

The Injuries Board is an independent body set up by Statute to assess personal injury claims – be it a road traffic accident, a workplace accident, slips and falls, or any other kind of injury before any legal claim can be taken through the courts.

Because they are independently mandated by law, they do not represent someone involved in an accident, nor do they deal in any way with apportioning fault. They will merely take the medical and out-of-pocket evidence and decide what level of compensation (if any) may be appropriate.

IS IT NECESSARY OR ADVISABLE FOR ANYONE WHO SUFFERS A PERSONAL INJURY TO CONTACT THEIR SOLICITOR, OR CAN THEY DEAL WITH THE INJURIES BOARD DIRECTLY?

We as Solicitors act for the injured person.

If someone suffers an accident or injury through no fault of their own, they have a right to a solicitor and compensation.

The Injuries Board will try to keep claims low in numbers and cost. So anyone who suffers an injury should contact their solicitor, who will put the best case forward for them and ensure they are entitled to compensation that fully reflects the injury suffered.

One of the hallmarks of the system should be that the Board is independent and should do its job without taking sides as the two sides have differing interests - the claimant to maximise the claim and the insurer to minimise the claim.

AFTERTHOUGHT

We would strongly recommend that any person proposing to apply to the Injuries Board first seek legal advice.

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