How a road traffic claim works in Ireland
A road traffic accident claim in Ireland follows a defined legal process. Knowing what each stage involves, what evidence is needed, and how the Personal Injuries Assessment Board (PIAB) fits in makes the route from accident to resolution clearer. The article below sets that process out in plain English.
Insurance companies deal with claims every day — most people don't. Getting legal advice early means the process is explained properly from the start, and any offer can be assessed against what the law actually allows.
Nicholas O'Shea, Solicitor
What evidence supports a road traffic claim
The strongest road traffic claims are built on evidence gathered at and around the time of the accident. The driver and vehicle details of the other party, photographs of the vehicles and the scene, witness names, and the Garda incident reference where reported are all useful. So is a contemporaneous medical record — many injuries, including whiplash and soft tissue damage, take days or weeks to become fully apparent, and a record made shortly after the accident anchors the medical timeline.
We advise clients on what evidence they have, what is missing, and what can be obtained later. Where evidence is incomplete, that is something to know about early — not on the day of a court hearing.
How compensation is calculated
- General damagesCompensation for the pain, suffering, and impact on quality of life caused by the injuries. The amount is assessed by reference to the Personal Injuries Guidelines published by the Judicial Council in 2021, which set out appropriate damages ranges for common injury types.
- Loss of earningsWhere injuries prevent a claimant from working, or affect future earning capacity, that loss is recoverable. We gather payslips, medical evidence, and where appropriate reports from occupational or vocational experts to establish and value this element of a claim.
- Medical and rehabilitation costsThe cost of GP visits, hospital treatment, physiotherapy, specialist appointments, prescribed medication, and any aids or adaptations required as a result of the injuries are all recoverable as special damages.
- Future lossesIn cases of serious injury, compensation can also include the cost of future medical treatment, ongoing care needs, and the long-term impact of the injury on earning capacity. Appropriate experts are engaged to establish and quantify these losses.
- Out-of-pocket expensesTravel costs to and from medical appointments, care provided by a family member or friend, and other reasonably incurred expenses can be claimed as part of a road traffic accident case.
How PIAB fits in
Most road traffic accident claims in Ireland must go through the Personal Injuries Assessment Board (PIAB) before court proceedings can be issued. PIAB is an independent statutory body that assesses claims based on the medical evidence and financial losses submitted. PIAB may make an assessment that either side can accept or reject; in some cases PIAB declines to make an assessment at all. Where PIAB issues an authorisation, the claim can then proceed to court if the parties choose. The next step depends on the PIAB outcome and on the strength of the medical and liability evidence.
We submit PIAB applications on the client's behalf, including the supporting medical reports and the documentary evidence of any financial losses. We also review any settlement offer made — at any stage of the process — and advise the client on whether the offer reflects the value of the claim under the Personal Injuries Guidelines.
Uninsured drivers and the MIBI scheme
Where the driver responsible for an accident cannot be identified, or had no valid insurance, claims are made through the Motor Insurers' Bureau of Ireland (MIBI). The MIBI was established under an agreement with the Irish state and operates a compensation scheme for victims of uninsured and untraced drivers. The MIBI process differs from a standard PIAB claim — it has its own procedure, its own rules of evidence, and its own time limits. We advise on whether the MIBI scheme applies to a particular matter and conduct the claim under the MIBI procedure.
How long a road traffic claim takes
Most road traffic accident claims in Ireland are resolved in twelve to eighteen months where liability is clear and the injuries are well understood. Cases involving serious or long-term injuries take longer, because the full medical picture has to be established before a claim can be valued accurately. Settling too early — before the long-term effects of an injury are known — usually means accepting less than the claim is actually worth.
The time limit on a road traffic claim
Personal injury claims arising from road traffic accidents in Ireland are subject to a two-year time limit. The clock runs from the date of the accident, or from the date the injured person became aware of the injury (the 'date of knowledge'), whichever is later. Where the injured person was a minor at the time of the accident, time does not begin to run until they turn 18. Missing the time limit will generally end a claim, so early legal advice is the safe course.
