Dear Claudine,

Three months ago I was a passenger in my friend’s car and we were involved in an accident. We were stopped at traffic lights when another driver drove into the back of her car. Both drivers exchanged insurance details. My friend and I were both wearing our seatbelts. Shortly after the accident I started experiencing pain in my neck and lower back. I went to my Doctor and he prescribed pain killers. I am still experiencing pain and my Doctor has now recommended that I attend a physiotherapist. I have never been involved in any previous accident and would appreciate your advice as to whether I have a claim for compensation.

Thank you,

David

Dear David,

Thank you for your letter. I can only appreciate the significant impact this accident has had on your health and well-being and I sincerely hope that in time you will go on to make a full recovery. Generally, you have only two years from the date of an accident within which to pursue a claim for personal injuries. A medical report will have to be obtained from your GP specifically detailing your injuries. An Injuries Board Application form will need to be completed. The completed Application form together with the medical report prepared by your GP and the Application fee of €45.00 should be sent to the Injuries Board. Your claim will be against both drivers known as the Respondents, as liability for the accident has not yet been determined against the other driver and it is prudent to name both drivers in case the other driver denies liability and/or alleges that your friend contributed to the accident. The Board may also require you to attend for a medical examination in order to assess your injuries. Generally, the Injuries Board will make an assessment of compensation within nine months of the date it receives the Respondents consent. The Board also calculates the amount of out-of-pocket expenses incurred by you such as GP expenses, prescription fees, physiotherapy expenses and/or any loss of earnings incurred by you. The Injuries Board may decide not to assess your case if they believe that it would be inappropriate to do so due to the complexity of the issues involved. The Respondents and/or you may also object to the Board assessing the case and in such circumstances, the Board may issue an Authorisation authorising you to proceed with your claim through the Courts. It is prudent to instruct a Solicitor to act on your behalf as Legal Proceedings must be issued within six months of the date of the issue of the Authorisation or within one year from the date of the accident, whichever is the later. It is important to ensure that the medical report from your GP clearly identifies all of your injuries as this report is used by your Solicitor in determining which jurisdiction is appropriate for your case in light of the injuries which you have sustained.

I hope that the above is of assistance to you and if I can clarify anything further for you, then please do not hesitate to contact me.

With Every Good Wish.

Claudine