Car Accident Claims Procedures

What to do after a car accident not your fault in Ireland?

The quality of our roads is slowly improving and generally the quality of driving also is slowly getting better, but car accidents still do happen and, in those circumstances we have to ask ourselves the pertinent question “What to do after a car accident not your fault in Ireland?”

Here are some important DON’T’s and DO’s

DON’T’s

Don’t lose it

Keep calm and respectful even when the others at the accident scene ARE losing it. Listen and note everything that is said. It may help you later if there is a dispute over the car accident.

Don’t just take the other party’s word for it

In view of the above there are some situations where the other driver or passengers may admit their liability and tell this to you verbally. But don’t take their word for it. Get them to put it in writing, and get them, if you can to sign it. It’s so easy, afterwards, to deny something they said, but if you have it signed and in writing to back it up, then things become harder to deny.

Don’t force the other driver to give their Insurance details

Although it is normal procedure to exchange insurance details you cannot force someone to do so. If they refuse,try and get a witness to the event and note down these details;

  1. The registration number of the vehicle
  2. The maker of car
  3. Its colour
  4. Any other feature that will enable the Gardaí to track the vehicle

Then inform the Gardaí of the refusal and give them the details in order from them to track down the driver.

Don’t ever admit anything

Don’t ever admit that the car accident is your fault or even partially your fault. And don’t even apologize before you know the true cause of the car accident. Saying “sorry”, unfortunately, is almost an admission of your guilt, and the other driver’s insurance company who want to get as much money from your insurance company will use this to their advantage when liability is settled, and you lose your no claims bonuses.

Here are some DO’s

Never ever leave the scene of the accident unless medically you have to

Don’t leave the scene unless you really need to go to hospital. Otherwise, you may end up in trouble with the Gardaí.

Call the Gardaí

They may or may not come depending on their availability and the seriousness of the car accident but call them you must.

Exchange details;

  1. Name, address, and phone number of the driver
  2. Insurance company, policy number, end date of policy
  3. License plate number
  4. Name and number of the Gardaí attending

You should get photos of the car accident scene from the camera in your mobile phone.

DO contact your insurance company immediately, even if you were not at fault.

DO take on an experienced and successful Personal Injury Solicitor if you have been injured in the car accident.

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Car Accident Tissue Damage

Soft tissue injury calculator

Soft tissue as we all know relates to muscle, ligament and cartilage damage. The Injuries Board (PIAB) in Ireland publishes what is called the “Book of Quantum” which lists the various possible injuries and a recommendation for compensation for the injury suffered. Included in this list are soft tissue injuries. It is, after all, only a recommendation from the Injuries Board (PIAB) and is not binding on the parties involved and can be rejected by one or all the parties. Of course, the “Book of Quantum” does not, because it cannot evaluate either the seriousness of the Injury or the pain and suffering endured by the person injured. In soft tissue injuries, it is very difficult to evaluate either the seriousness of the Injury or the pain and suffering endured by the person injured.

As we can see with so many possible variables, it is easy to understand why no two soft tissue injury claims for personal injury compensation are the same. It could be possible that the perception of how much a claim for compensation for a soft tissue injury someone should be entitled to is based upon what the Injuries Board (PIAB) has in its “Book of Quantum” but, unless one undergoes a medical evaluation of the soft tissue injury and its consequences under the supervision of an experienced and expert soft tissue injury claims solicitor, it is unlikely that one will ever be certain that any assessment made by the Injuries Board (PIAB) reflects the true and full extent of one’s soft tissue injury or represents adequate soft tissue injury compensation.

However, if one has suffered any form of negative effect on one’s emotional well-being due to how ones work soft tissue injury occurred or during recovery, one may also be able to include this element of one’s accident in a soft tissue injury claim for compensation. Victims of a soft tissue injury can also and often develop Post Traumatic Stress Disorder if the soft tissue injury occurred in a particularly violent accident, or the injured party become anxious and depressed during their recovery from damaged tissues. Furthermore, if these emotional traumas manifested after the medical examination of one’s soft tissue injury had taken place, the trauma of Post-Traumatic                                                                                                                         Stress Disorder could have been omitted from the information communicated to the Injuries Board (PIAB) and left out of the Injuries Board´s assessment of one’s claim for soft tissue injury compensation.

The Injuries Board (PIAB) and their “Book of Quantum” has come into much criticism and rightly so for the low values that they have put on Soft tissue injuries.

As this article is very vague about the significance and the worth of a Soft tissue injury it is only by going to the Injuries Board (PIAB) with an experienced and successful soft tissue solicitor that any idea of how much the soft tissue injury is worth will any handle be got on a Soft tissue injury calculator.

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Whiplash Injuries Claims

Whiplash and other injury claims

Background

Personal Injury and car accident injuries

If you have been injured, hurt, or harmed in a car accident that was not your fault then you may be entitled to claim compensation from the party that caused the accident.

Medical Negligence

Everyone in the Medical profession in Ireland has what is known as a “Duty of Care” to the people that they treat, or they look after. If you are harmed or hurt when a third party fails to treat or look after you according to a “Duty of Care” then you may be entitled to claim compensation for Medical Negligence from the same third party.

Personal Injury Solicitors Dublin

What we do

If you have suffered Personal Injury like whiplash or medical Negligence, then you may need the help of a Personal Injury Solicitor to help you make a personal injury claim for compensation.

This where we come in as there are two distant systems for making the claims for compensation.

For personal Injury claims they must all be sent to the Injuries Board (formerly the PIAB) for assessment and you do not need a Personal Injury Solicitor Dublin to do so. But there are major reasons why it is advisable to have us on board.

  1. Any mistake in the filling in of the assessment forms may invalidate your claim
  2. The recommendation of the Injuries Board is just that a recommendation and is neither binding on you or the third party, so you will need us to either negotiate a settlement or take it further to court. If we were not there from the start, then evidence may not be available as the Injuries Board process can take many months

The Medical Negligence way is to obtain a medical opinion from a qualified third party and to then start proceedings against the party that did not adhere to the “Duty of Care”.

Whether it is Personal Injury such as whiplash or Medical Negligence Personal Injury solicitors is here for you.

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Car Injuries Claims

Car accident solicitors Dublin

 Car accidents are around the rise across the country daily. Tourists, bad winter weather and distracted and reckless drivers can all cause you to be involved in a car accident. Though quite a few accidents are minor, some are serious and require comprehensive health-related remedy. When the car accident was not your fault then off course you have the possibility of making a car accident claim for any injuries that you might have suffered. For those who or someone you know has been injured in a car accident, they need to speak to car accident solicitors for an evaluation of their case to make a Personal Injury claim for compensation.

As usual the activity of Car accident solicitors in Dublin is always changing its profile with two major firms announcing both a new office and the takeover of another.

Gibson and Associates has just announced the takeover of Dublin based Barron Morris Solicitors and Johnson Solicitors have recently announced an increase in staff numbers. A decade ago law firms would specialise in Personal Injury and Medical Negligence cases and then five years ago most firms went to Personal Injury business and a few took the Medical negligence root. Now those who took the Personal Injury business are either specialising in Road traffic claims or Slips falls and trips or Work Injury and accidents. Soon will they be subdividing Road traffic accidents into car accidents, truck accidents motor cycle accidents? Most commentators think that will happen sooner than later. It is already clear that in the Google organic lists and in the Adwords Google groupings that some solicitors are aiming their site at specific targets like Car accident claims and not general keywords like Personal Injury Solicitors.

One of the most significant and critical factors in taking on a Car accident solicitor is that they know the law. An experienced Car accident solicitor for example should know that the statute of limitations may perhaps have an influence on your car accident claim.

As you know all car accident claims in Ireland must be submitted to the Injuries Board (PIAB); however, their recommendation is neither binding on you nor the opposing insurance company so Car accident solicitors have plenty of experience and expertise negotiating with insurance companies following a car accident. Car accident solicitors Dublin can get you significant amounts of compensation as they can by providing you the highest possible settlement for the injuries that you have suffered. A Car accident solicitor Dublin will fight for you to obtain you the compensation you deserve.

Getting a car accident solicitor Dublin can take the anxiety and frustration out of a car accident injury case. Without professional advice going through the legal procedures just after a car accident is certainly not easy at all. A Car accident solicitor Dublin can do the niceties for you, allowing you to focus totally on your recovery.

You know that it makes total sense to hire an experienced and successful Car Accident Solicitor Dublin!

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Road Accident Claims Process

Car accident claims procedure

Now we never plan a car accident in advance, do we? It is just not possible as the possibilities are just too many to accurately plan. However, the statistics show that we are likely to be in at least one and possibly two car accidents in our life time so do we know what to do in those circumstances? Can we have a car accident claims procedure?

Very often after a car accident the shock that you have suffered may make logical thought difficult and what to next and how to go about it may be not easy to think about.

The very first thing is to look after your physical self-first and then anyone else that might be injured at the scene. If necessary, call an ambulance for the serious hurt; but remember to find out where you are and give that to ambulance people!

Then you should ensure that you get not only the person at faults details but also any witness’s details that are at the scene. From the person at fault this should include name, address, vehicle registration, make, model, insurance details (name of the insurance company and policy number) and telephone contact number and email if possible.

Call the Guardia and inform them of the accident and again let them know where the accident is. Depending both on their availability and on the seriousness of the accident they may or may not attend but you must inform them. Make sure that you take down the name and number of the Garda who takes your call as they must take down the details of the accident and this is important in any car accident claim.

Most if not all mobile phones today have a very good digital camera so use the camera in your mobile phone to take pictures not only of the damage to the vehicles but also to their positions in the road. Once again this is important in any car accident claim. Do not let anyone move the vehicles until this is done.

You should always inform your own insurance company of the accident as soon as possible even if you feel it was not your own fault.

Under no circumstances should you admit liability or fault to any one at the scene of the car accident. Often when in shock from an accident we say things that we regret later.

When all the above has been done then you should choose an experienced and successful Personal Injury Solicitor to advise you on any personal injury claim for compensation for your injuries. You need to choose someone with the following characteristics.

They must be;

  1. Likeable
  2. A good communicator
  3. A sense of urgency
  4. Well recommended by family and friends
  5. A Solicitor that specialises in Personal Injury Claims only
  6. A proven track record over a period of time
  7. Flexible payment options

A good team of back up staff is essential

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Personal Injury solicitors or is it now a Beauty Personal Injury Solicitor?

With the ever-increasing beauty industry, such as treatments, operations, products, lasers and cosmetic procedures your everyday Personal injury Solicitor will be more than nonplussed and aside from some female Personal Injury Solicitors, would not have the slightest idea what a potential client was talking about. The technicalities seem to get more and more complex as the days go by.

Well it has just come to pass that we now have a Beauty Personal Injury Solicitor in the UK called Joanne Du Plessis. She has just issued a Press release;

“Joanne Du Plessis, a professional and experienced Personal Injury solicitor offering help and guidance in beauty injuries and other cosmetic injuries, knows all too well how physically and psychologically damaging it can be for someone to suffer from a hair injury or hair damage. As Joanne Du Plessis says, “I receive daily reports of injuries from distressed clients who have been the victim of injuries as a result of hair treatments, cosmetic treatments, laser operations, plastic surgery operations etc. Luckily for many, the effects are short lived but for some the injuries have been devastating and they are left with permanent disfigurement.”

Some of the Personal Injuries come from the negligence of the personnel giving the hair treatments, cosmetic treatments, laser operations, plastic surgery operations etc. Some of the Personal injuries are the result of faulty equipment and tools. Clearly only a Personal Injury Solicitor with specific skills in the area of Beauty and Cosmetics will be able to look into a personal injury claim for compensation for harm or injury will be able to help you.

Could this be the start of polarisation in the Personal Injury and Medical Negligence fields? As we can see from the story of Joanne Du Plessis there is a marrying of someone with legal knowledge of Personal injury and Medical Negligence with specific knowledge of products and services in a defined area.

Certainly, the whole area of Medical Negligence claims could benefit from this kind of polarisation. How many times has a Medical Negligence Solicitor taken on a case for Medical Negligence compensation only to find that when they have paid thousands of Euros for an expert opinion from a Medical professional that there is no case to answer? Already there are Medical Negligence Solicitors who specialise in;

  • A head injury
  • A birth injury
  • A brain injury

In the Personal Injury Solicitors area there are already Personal Injury solicitors that specialise in car accident or road traffic claims. Eventually they may subdivide again into Personal Injury Solicitors Motorbike accidents or Lorry accidents etc. In Dublin, Ireland there is a least one Personal Injury solicitor that specialises in compensation claims for accidents on Dublin Bus.

Certainly, there is some mileage in subdividing the area of Work Injuries and Work accidents as we become more high tech in the work place more knowledge is necessary than has your ordinary Personal Injury solicitor.

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Personal Injury Solicitors and No Win No Fee

How do you make a No Win No Fee Personal Injury claim for compensation for your injuries from an accident that was not your fault? Do Personal Injury Solicitors No Win No Fee grow on trees? And if not where and how do you find them?

Firstly, you need to find an “experienced” personal injury solicitor who has been in practice for some time and who has both a wealth of past experience of pursuing Personal Injury Claims for compensation for injuries and has offered their clients to take them on a No Win No Fee basis.

Naturally enough any Personal Injury Solicitor will have to carry out a risk assessment of your potential personal injury claim before deciding whether the merits of the personal injury claim are sufficiently strong for them to accept it on a No Win No Fee basis. Remember that with No Win No fee agreements that only if you win your claim will you pay your solicitor fees and costs. If you lose you pay nothing. So, any Personal Injury Solicitor is going to do due diligence on your claim before offering you a No Win No Fee agreement. No Win No Fee agreements can represent a significant proportion of any personal injury solicitor’s portfolio, so it is very important to them from a commercial point of view to ensure that the risks are properly assessed. Your choice should be a firm that has an excellent record of success and also that it aims to keep it that way! In some situations they will be able to make an immediate decision for you. In others, they may need to see a report on liability from an expert witness, such as a surveyor or an accountant, doctor, consultant or another kind of expert before they can make a decision.

Once they have agreed to take your personal injury claim on under a No Win No Fee basis you will only be responsible for their fees and costs if you win your case. And because the loser is normally required to contribute towards the winner’s legal fees you can expect to recover a good proportion of those fees and costs from your opponent.

Going the No Win No Fee route can be an excellent way in which to fund a personal injury claim for compensation for your injuries. It is important for you to avoid the common mistake of thinking that it means there will be no cost to you. Win or lose, you will have a liability for part of your overall costs. Therefore, potential claimants should seriously consider whether the claim is commercially viable from the outset.

Clearly what most people forget is that if you unfortunately lose your claim for personal injury then you may well become liable to pay the other side’s fees and costs. However, your Personal Injury Solicitor No Win No Fee should be able to fix you up with an inexpensive insurance policy to cover this eventuality.

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