Dear Claudine,

Three months ago I was a passenger in my friend’s car on our way into town. We were stopped at traffic lights when another driver drove into the back of her car. There was very little damage done to the cars and both drivers exchanged insurance details. My friend and I were both wearing our seatbelts. A few days after the accident I started experiencing pain in my neck and lower back. I went to my GP and he prescribed pain killers and anti –inflammatory tablets. The pain is still ongoing and my GP 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.

Thank you,

Daniel

Dear Daniel,

Thank you very much for your email. I can only appreciate the significant impact this accident has had on your health and well-being .I sincerely hope that in time you will go on to make a full recovery. From your instructions, it certainly appears that you have a claim for personal injuries against the driver of the car in which you were a passenger and more particularly, the driver of the other car. Firstly, you have only two years from the date of the accident within which to make a claim for personal injuries though this time limit may be extended if injuries only manifested themselves at a later date. All personal injury claims must be submitted to the Injuries Board. There is an Application form which can be downloaded from the Injuries Board website. You are required to insert your name and contact details together with the name, contact details, car registration numbers of the drivers and a brief summary as to how the accident occurred. A medical report will have to be obtained from your GP specifically detailing your injuries. The completed Application form together with the medical report prepared by your GP and the Application fee of €50.00 should be sent to the Injuries Board. When your Application is accepted by the Board, they will send you a case reference number. Essentially, 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 only 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 Injuries Board will write to the other driver and your friend notifying them of your claim for personal injuries. As both drivers have insurance, the actions will be processed by their individual insurance companies. Generally, when a person suffers an injury following an accident, they tend to consult a solicitor to act on their behalf to ensure that their interests are protected and any offer of compensation is appropriate taking into account the injuries which they have sustained. The Injuries Board will require the consent of you, your friend and the other driver in advance of making an assessment as to the circumstances surrounding the accident. If all parties consent to an assessment being made by the Board, then they will assign an Assessor to your case. This Assessor will decide if your claim is valid and the amount of compensation which would be appropriate taking into account the injuries which you have suffered. The Board may also require you to attend for a medical examination in order to assess your injuries. Once the Assessor has decided that he or she will assess your case, then you have 28 days within which to accept or reject this decision. The Respondents have 21 days to reject or accept the assessment. In the absence of a response from, you the Injuries Board will deem that you have rejected the assessment. In the absence from a response from the Respondents, the Board will deem that the Respondents have accepted the assessment. Generally, the Injuries Board will make an assessment of compensation within nine months of the date it receives the Respondents consent. This period can be extended by a maximum of six months if the Board require you to attend further medical appointments. 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 as a result of your inability to attend for work because of your injuries. You are required to furnish receipts to verify the expenses which you wish to claim. These expenses will be paid in addition to any compensation in respect of your injuries. 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, for example, if you have a pre-existing injury or medical condition, the injury consists wholly or in part of psychological damage and/or the injuries sustained by you are extremely serious. 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. At this stage, 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. For example, the District Court has jurisdiction to award compensation up to a maximum of €6,348.69, the Circuit Court can only make an award up to a maximum of €38,092.48. Alternatively, the High Court has an unlimited jurisdiction to award compensation in serious personal injuries actions.

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