Road Traffic Accident Claims Northern Ireland

Road Traffic Accident Claims

If you have been involved in a road traffic accident that was not your fault, or you believe another driver was partly to blame for the accident, you may be entitled to make a claim for compensation.

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At P.A. Duffy and Company, we understand the stress following a Road Traffic Accident. If you were affected by an accident on the road due to another party’s negligence, then you are eligible to claim for compensation.

Most people have been, or know someone who has been, involved in a road traffic accident. It can be an extremely stressful experience and can have life changing consequences for those involved. Following a road traffic accident, you may be left with damage to your vehicle, or worse you may have sustained injuries.

A common misconception about road traffic accidents is that only the drivers of vehicles are entitled to make a claim for compensation. This is not true, passengers who have been injured as a result of the negligence of either the driver who they are travelling with, or any other road user can make a claim for compensation.

How our road traffic accident solicitors can help

If any damage has been caused to your vehicle or you have sustained any personal injury our expert road traffic accident solicitors can help you to make a claim for compensation.

If you decide that you want to make a claim for compensation you can arrange an appointment with one of our personal injury solicitors and they will walk you through the claims process.

The claims process can vary but will generally take the following format:

  1. Initial Consultation– One of our specialist solicitors will meet with you and take instructions from you on the accident. We will ask you to provide the details you recorded at the scene of the accident at this point.

  1. Letter of Claim– After taking initial instructions we will send a letter of claim to the third party’s insurance company outlining the negligence and breaches that we are alleging caused or contributed to the accident.

  2. Dealing with Vehicle Damage – We will then obtain an engineer’s report to detail the damage that was done to our client’s vehicle and the costs associated with repair of the damage. This will then be forwarded to the third party’s insurance company for their consideration.

  1. Medical evidence – If you have been to the GP or hospital as a result of this accident, we will obtain the relevant medical notes and then organise an appointment with a specialist medical consultant who will provide a report on your injuries.

  1. Decision on liability– Within around three months from the date the letter of claim is sent the third-party insurance company should provide a decision on liability. If liability is admitted, then settlement negotiations will begin, and we will negotiate payment of your vehicle damage costs and compensation for any personal injury suffered.

  1. Court Proceedings– If liability is denied, we will consult with the client and if we believe the case is worth pursuing, we will issue Court proceedings against the third party. Court proceedings can also be issued in a case where liability has been admitted if we feel the compensation being offered by the insurance company is not sufficient. Our expert solicitors will advise clients on their options, but the final decision will always be made by the client, and we will ensure that their wishes are carried out.

FAQs

What types of compensation can I claim for?

You can typically claim compensation for vehicle damage, vehicle recovery, replacement hire vehicle, vehicle depreciation, property damage, personal injuries, medical expenses, lost income, pain and suffering, and other losses related to the accident. The amount of compensation you receive will be based on the severity of these factors.

What should I do immediately after an accident?

After ensuring your safety and the safety of others involved, you should gather evidence, exchange information with the other driver(s), and seek medical attention. It's also important to report the accident to the police and your insurance company.

What if you were a passenger in a car accident?

If you were the passenger of a vehicle which resulted in an injury, then you are able to claim for compensation. We understand that it can be a stressful time following a road traffic accident, the psychological, physical, and financial impact can be overwhelming.

The driver of a vehicle has a ‘duty of care’ to protect passengers and other road users whilst driving. Passengers are still eligible to claim for compensation even if they knew the driver was under the influence of drugs or alcohol and even if they knew the driver was ignoring road safety regulations.

Can you claim for compensation if you were passenger of public transport involved in a road traffic accident?

Public transport drivers owe a duty of care to public users, and road users in general. If this duty of care was breached, the service user can claim for compensation.

Bus Service Accidents:

Buses are a very popular form of public transport. Users are not legally obliged to wear seatbelts on this vehicle, therefore the likelihood of injury is high. Common injuries on the bus include, overhead luggage falling and injuring service users, abrupt taking off and braking causing falls or whiplash.

Taxi Service Accidents:

If you believe that your taxi driver was driving recklessly and was the cause for your injury due to an accident, then you can claim for compensation. You could also make a claim if the accident were caused by a driver of the other vehicle.

If you were a victim of a road traffic accident which occurred on public transport and you are unsure what action to take, then we recommend you contact us at P.A. Duffy & Co.

Can you make a claim for a hit and run accident?

‘Hit and Run’ incidents have become increasingly common in recent years, this may be because the driver of the vehicle is not insured, does not want to be held liable or they are under the influence of drugs or alcohol.

We understand that it can be a common presumption that you will not be able to make a claim if you do not know the identity of the party that caused the accident. However, this is not true, as you can claim via the ‘Motor Insurers Bureau’ by claiming compensation for a hit and run incident. This will ensure that the victim of the road accident’s emotional and physical hardship is being compensated for the anonymous driver’s negligence. It is important to report the matter to the police, take the details of any witnesses and seek medical attention if required.

How much road traffic accident compensation will I receive?

The amount of road traffic accident compensation you may receive can vary widely and depends on several factors, including the specifics of your case, the severity of your injuries, and the jurisdiction where the accident occurred. It's important to understand that there is no fixed or predetermined amount for compensation, as each case is unique.

If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of injury you have sustained.

How can I finance a road traffic accident compensation claim?

We know that funding a road traffic accident claim might be a worry, so we offer a range of options. These include:

  • Legal Aid

  • Legal expenses cover

  • After the Event insurance (ATE insurance)

  • Private payment

We will be happy to discuss funding with you to find the best option for your circumstances.

What is the time limit for bringing a road traffic accident compensation claim?

The time limits for bringing a road traffic accident claim can vary between Northern Ireland (NI) and the Republic of Ireland (ROI). Here are the time limits for each jurisdiction:

Northern Ireland (NI):

In Northern Ireland, the time limit for bringing a road traffic accident claim is typically three years from the date of the accident. This three-year period is in line with the standard limitation period for personal injury claims in Northern Ireland. It's essential to file your claim within this time frame, or you may lose your right to seek compensation.

Republic of Ireland (ROI):

In the Republic of Ireland, the time limit for bringing a road traffic accident claim is also generally three years from the date of the accident. Like in Northern Ireland, this three-year period is consistent with the standard limitation period for personal injury claims in the ROI.

It's important to note that these time limits can be subject to some variations and exceptions depending on the specific circumstances of your case.

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Our Personal Injury Solicitors

Conal McGarrityConal McGarrityDirector
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