Am I in the right?
Do not admit liability for the accident to anybody. Do not discuss liability with anybody until you have taken legal advice. If you have any doubts about who is at fault ring the Gardaí to come to the scene and investigate. In addition before the vehicles are moved you should take a photograph of the vehicles and damage using your mobile phone/digital camera. A number of factors need to be considered when determining who is at fault for a road traffic accident including – the rules of the road, speed, weather conditions, types of vehicles involved, road layout and where the accident occurred.
Reporting
Ensure that the accident is reported immediately to the Gardaí and your insurance company. Even if the Gardaí have not come to the scene it is important to report the incident to the local Garda Station.
Medical Treatment
You should attend your own doctor as soon as possible after the accident as it may be necessary to obtain a medical report from your doctor at a later stage.
Make a Note of What Happened
As soon as possible after the accident you should make a written note of what happened with as much detail as possible including the following.
1. Where the accident happened.
2. Date and time.
3. Weather conditions.
4. If there was a lot of other traffic on the road.
5. The road layout.
6. Position of the vehicles when the accident happened.
7. What lights/indicators were used.
8. Speed the vehicles were travelling.
9. What the drivers and witnesses said.
10. Were there skid marks on the roadway.
11. Where was the debris from the accident located on the road.
Financial Loss: Medical Fees and Loss of Earnings
Keep a record of any money you pay out or owe as a result of the accident such as doctor’s fees, medication receipts and physiotherapy fees. If you are out of work keep a record of the dates you are absent and the wages which you have not received due to your absence. Keep a record of any social welfare benefits you receive as a result of the accident. If you are claiming social welfare benefits ensure you inform the Social Welfare Office that you are out of work due to an accident.
If you would like further advice on road traffic accident claims, please contact Michael J. Horan Solicitor, on 071 9140774 or info@michaeljhoran.ie .
