Being involved in a road traffic accident can be a traumatic and overwhelming experience. If you were injured as a result of someone else’s negligence on the road, you may be entitled to make a compensation claim – whether you were a driver, passenger, pedestrian, cyclist, motorcyclist, or travelling on public transport.
Who Can Make a Road Traffic Accident Claim?
A wide range of people can bring a road traffic accident claim, including:
- Drivers and car passengers
- Cyclists and motorcyclists
- Pedestrians
- People travelling on buses or other public transport
- Bereaved families
Claimants must be 18 or over to bring a claim in their own right. Claims on behalf of children can be brought by a parent or legal guardian acting as a litigation friend.
What Can I Claim Compensation For?
If you have been injured in a road traffic accident, you can claim for your pain and suffering, but also for any additional losses you have incurred, including:
- Current and future loss of earnings
- Medical and travel expenses
- Care and support needs
- Mobility aids
- Modifications to your home
- Vehicle damage or personal items
What Should I Do After a Road Traffic Accident?
Taking the right steps at the scene can make a significant difference to your claim:
- Exchange contact details with the other party – including their vehicle registration and model if they do not have insurance details to hand
- Take photographs of the vehicles before they are moved, and of any damage before repairs are carried out
- Take the names and contact details of any witnesses
- Seek medical attention as soon as possible, even if injuries appear minor
What If the Driver Was Uninsured or Left the Scene?
If you were injured by a driver who left the scene or did not have insurance, you can still make a claim. A claim can be made to the Motor Insurance Bureau (MIB). Tight time limits apply, so it is important to take legal advice as soon as possible.
How Long Do I Have to Make a Claim?
In most cases, you have three years from the date of the accident to make a claim. Some exceptions apply – for example for children, or for those who lack the mental capacity to bring a claim themselves. Taking early legal advice helps prepare your claim and may allow you to apply for interim payments.
Can I Claim If the Accident Was Partly My Fault?
You may still be able to claim compensation even if you were partly responsible for the accident. The amount you receive may be reduced to reflect your share of responsibility, but you are not automatically barred from bringing a claim.
Will I Have to Go to Court?
Most road traffic accident cases settle through negotiation without the need for court proceedings. However, if liability cannot be agreed or the value of the claim is disputed, court proceedings may become necessary. Having experienced legal representation throughout this process is important.
If you have been involved in a road traffic accident and would like to discuss your options, our specialist team at Madden & Finucane offers a free, no-obligation consultation. Call us on 028 9023 8007 or get in touch via our secure contact form