Dear Claudine,

I was involved in a three car collision two months ago at a roundabout. The Gardai were called to the scene of the accident. The driver of the car in front of me and I were both taken to Hospital. I was driving the second car in a three car collision. The driver of the first car braked very suddenly. This happened so fast that I was unable to stop and I rear-ended the first car. The car behind me, being the third car rear-ended me. I suffered severe back injuries and was taken by ambulance to Hospital. The Gardai who attended at the scene subsequently contacted me and informed me that they are in the process of compiling an official report at present. Will I be able to claim compensation for my injuries which are still ongoing?

Thank you.

Matthew

Dear Matthew,

Thank you very much for your email. Three car collisions tend to be complicated. Generally, each driver involved in the accident may have a different version of events surrounding how the accident actually took place. In your particular case, the Garda Report will be the deciding factor. Despite the driver of the first car stopping suddenly and without notice, you will more than likely still be held fully liable for any damage or injuries sustained by the driver of the first car that you rear-ended. In this situation, your insurance company will negotiate with the owner of the first car, their insurance company, and/or their Solicitor. Given that you also stopped very suddenly making the second collision difficult to avoid, will also be an issue which may be raised by the insurance company for the driver of the third car to claim contributory negligence in an effort to reduce any potential compensation. Your own Solicitor, however, will address this issue if it is raised. I would recommend that you do not delay any further or wait for the Garda Report. It is vitally important that you speak to a Solicitor straight away and furnish them with your account as to how the accident occurred. It is also important in order for your Solicitor to prepare your claim for compensation. As the accident only happened two months ago, it would be extremely difficult to assess your long term prognosis in relation to your injuries at this early stage. Your Solicitor will require a Medical Report specifically detailing your injuries, and advising of the impact which those injuries have had on your daily work and lifestyle. Your insurance company at this stage have probably requested you to complete an accident report form and they will also carry out their own investigation as to how the accident occurred. It is important to note that a claimant has two years from the date of an accident within which to pursue a personal injuries action, under the Statute of Limitations Act, as Amended. It is therefore imperative that you contact a Solicitor to prepare your claim as soon as possible.

I hope that the above is helpful to you and if I can be of any assistance then please do not hesitate to contact me.

With Best Wishes,

Claudine