Car accident claim - nonresident

WildRover234

Do an Irish person have to be still resident in Ireland to make a personal injury claim for a traffic accident in Dublin?

I've looked throughout the forum and done loads of Google searches. Looked at a few dozen useless articles and good but not relevant forum replies.

The most detailed article I found car crashes is here:
http://www.injury-compensation.ie/road-traffic-accident-claims/

and I also found a really detailed article on personal injuries:
http://www.injury-compensation.ie/personal-injury-claims/

I think the case qualifies - real injury with someone else to blame.

But I've just moved abroad and the articles don't say if you have to be resident in Ireland to make a claim in Ireland.

RGS

Any person has two years to lodge a claim with the Injuries Board.

You do not have to be resident in Ireland to make a claim.

Eoin

I think this is better suited to the Legal forum.

Tom Young

I think you need a lawyer OP, and an Irish one.

The limitation period is 2 years for a personal injury claim and PIAB will need to be applied through Ireland, the application fee I believe is 50 Euro, a solicitor can assist you with that, though you can do it yourself.

In relation to the jurisdiction query. The logical place to have this matter dealt with is in Ireland, though it may be convenient for you to have it dealt with from France.

Lex fori – This theory argues that the law of the forum should apply. This in effect, allows wherever jurisdiction is fixed to decide the choice of law (e.g. if jurisdiction is fixed in Ireland then Irish Law is the choice).

Lex loci delicti – This suggests the law of the place the tort was committed should apply. (This raises the question where was the tort committed. Is it committed where the duty of care comes into existence, the place where the breach was committed or the place where the damage suffered, if these are different). (An Bord Trachtrala v Waterford Foods, High Court 1992)

Proper law of tort theory – This advocates a flexible approach which allows the court to consider all the factors. (Grehan v Medical Incorporated and Valley Pine Associates (1986) ILRM 627 Supreme Court, Obiter comments of Walsh J)

WildRover234

Thanks everyone. Looks like the obvious next step is to talk to a solicitor.

WildRover234

I did speak to a solicitor. I was well prepared after reading the long articles and had all my facts ready (like the contact details for my GP, which Garda station, photos, etc). Solicitor nearly dropped the phone when I quoted Lex loci delicti!

One final bit of advice - don't go directly to the Injuries Board. Speak to a solicitor first. The other side in any case WILL be using a solicitor to defend the claim and you'd have to be really dumb not to use one too.

Tom Young

You can go to PIAB, let's be clear! Good luck with it.

RGS

Insurance companies dont use solicitors when cases are in PIAB.

Plus most irish insurance companies will not pay your legal costs if a case is settled during the PIAB process, you will have to pay the costs yourself out of the PIAB award.

Also ask your solicitor what he intends charging you, he is not allowed to take a percentage of the award, he must set out an proper bill of costs.

plugalvin

My brother was in a crash where a lady renting a car in ireland crashed into him. With PIAB to an aware when the lady is residing in Holland.