Road Traffic Accident - Solicitor Recommendation

MuffinsDa

My brother was hit by a car a few days ago, causing some fractures in his arms. There is a Garda report and he was taken to hospital etc.

Can any one recommend a solicitor in Dublin that can take his case on against the insurance company of the driver involved. Preferably not an ambulance chaser, just a proper solicitor that knows their job and can advise him on what he needs to do to cover eventualities etc.

Thanks!

MagicSean

You don't need a solicitor to go through injuriesboard.ie and make a claim. That's not to say you shouldn't get one but their costs won't be covered. Also, any claim will have to wait until after all criminal proceedings.

Kosseegan

It is most unwise to use the Injury Board withoiut a solicitor. If mistakes are made at that stage it can be impossible to undo the damage later. A letter should be sent to the driver immediately asking him to contact his insurance company and notify him of the pending claim. All medical records should be retained and the process advanced as far as possible. If there are criminal charges, all that will happen is that the defending insurance company will apply to stay the proceedings. Everything should be advanced as quickly as possible to that point.
PM for name of solicitor. No Foal No Fee, No Solicitor Own client.

kennM

MuffinsDa wrote: »

My brother was hit by a car a few days ago, causing some fractures in his arms. There is a Garda report and he was taken to hospital etc.

Can any one recommend a solicitor in Dublin that can take his case on against the insurance company of the driver involved. Preferably not an ambulance chaser, just a proper solicitor that knows their job and can advise him on what he needs to do to cover eventualities etc.

Thanks!

First things first... where does liability lie? If he is at fault then you could be wasting your time & money.

If liability has been accepted by driver then make sure all the basic bases are covered. Witnesses, report to gardai, etc. You have up to two years to make a claim.... my personal recommendation would be to take your time to understand what the long lasting prognosis is. Been through an accident myself and 18 months later things still aren't right.... things that were assumed to be fine by medical folk.

I would also recommend he keeps a chronology of events regarding what treatments etc. he's had & when ... & keep all receipts. Chronology will probably not be needed but better to have a personal record than not.

If insurance company offer to negotiate early be 100% SURE THAT ALL MEDICAL PROGNOSIS is clear and understood. Once its settled its settled, end of. If problems develop afterwards or persist when assumed they'd be gone its hard luck. Just remember if they want to settle early who is the top of their priority list? their bottom line, their share holders, their policy holder or your brothers well being?

MuffinsDa

kennM wrote: »

First things first... where does liability lie? If he is at fault then you could be wasting your time & money.

If liability has been accepted by driver then make sure all the basic bases are covered. Witnesses, report to gardai, etc. You have up to two years to make a claim.... my personal recommendation would be to take your time to understand what the long lasting prognosis is. Been through an accident myself and 18 months later things still aren't right.... things that were assumed to be fine by medical folk.

I would also recommend he keeps a chronology of events regarding what treatments etc. he's had & when ... & keep all receipts. Chronology will probably not be needed but better to have a personal record than not.

If insurance company offer to negotiate early be 100% SURE THAT ALL MEDICAL PROGNOSIS is clear and understood. Once its settled its settled, end of. If problems develop afterwards or persist when assumed they'd be gone its hard luck. Just remember if they want to settle early who is the top of their priority list? their bottom line, their share holders, their policy holder or your brothers well being?

Thanks for the advice, we'll keep all that in mind. He's going to see a recommended solicitor today.

By the way, how could he be at fault for injuries if he was hit by a car? I thought it's diver's duty to drive with due care? Regardless of that, he was hit on a pedestrian crossing with lights in his favour so there shouldn't be any doubts there.

As a matter of interest, is there ever a case that a pedestrian is deemed at fault in a traffic accident?

SillyMcCarthy

MuffinsDa wrote: »

Thanks for the advice, we'll keep all that in mind. He's going to see a recommended solicitor today.

By the way, how could he be at fault for injuries if he was hit by a car? I thought it's diver's duty to drive with due care? Regardless of that, he was hit on a pedestrian crossing with lights in his favour so there shouldn't be any doubts there.

As a matter of interest, is there ever a case that a pedestrian is deemed at fault in a traffic accident?

Just out of curiosity who is to say that the lights were in his favour
or did he decide to take a chance & run across, after all you weren't
there? I would hope that there was another person waiting to cross
to bear witness? And of bloody course pedestrians are at fault.
A really silly comment!

kennM

MuffinsDa wrote: »

Thanks for the advice, we'll keep all that in mind. He's going to see a recommended solicitor today.

By the way, how could he be at fault for injuries if he was hit by a car? I thought it's diver's duty to drive with due care? Regardless of that, he was hit on a pedestrian crossing with lights in his favour so there shouldn't be any doubts there.

As a matter of interest, is there ever a case that a pedestrian is deemed at fault in a traffic accident?

Wound't be an expert on this by any stretch of the imagination.... had a knock myself so have done plenty of reading, so just sharing that really.

Drivers are supposed to drive with due care and attention yes and in most cases the driver is at fault but you can be sure it isn't as clear cut as that all the time. Insurance companies can argue contributory negligence.... e.g. yes, the driver shouldn't have hit you. But you jumped out infront of him on a dark night dressed in dark clothes and as such your negligence contributed to the situation which can be leveraged to knock %s off the claim.

The fact your bro was hit while walking across at pedestrian lights with the lights in his favor naturally stacks the deck in his favor considerably. I would personally recommend he take his time until he has the all clear. Its quite likely that the insurance company (if liability is under dispute) will want to negotiate early... before any long term issues may arise. Be very wary and careful. You have one bite at the apple and make sure the medical prognosis is crystal clear.

My initial medico legal report indicated one bad injury I had should heal up fine, it was misdiagnosed and its likely to NEVER heal up right and I'm in some degree of constant pain because of it. If I'd rushed in it'd be hard luck

Witnesses are crucial in his case!!! also was there cctv covering the junction etc.? from local shops or anything.... just to ensure the liability cannot be disputed. Presume gardai were called and statements taken??

Kosseegan

Liability is rarely disputed in cases like this. The presumptions in favour of the pedestrian are very strong. The insurance company will almsot invariably make a settlement offer. The usual thing to do is get into PIAB straight away and get the assessment. Any kind of a medical report will do. After that the court proceedings can be held up until fully up to date and comprehensive medical reports are in place.

MuffinsDa

SillyMcCarthy wrote: »

Just out of curiosity who is to say that the lights were in his favour
or did he decide to take a chance & run across, after all you weren't
there? I would hope that there was another person waiting to cross
to bear witness? And of bloody course pedestrians are at fault.
A really silly comment!

The lights were to his favour to best of his knowledge and belief.

Regardless of the lights, it's driver's duty to drive with due care and be prepared for eventualities like that. I know it sounds unfair but that's the way it is in these cases as far as I understand, and that's the consideration I apply to myself when I'm driving. So maybe you need to educate yourself or read kosseegan's informative posts prior to declaring other people's views silly.

kennM

Kosseegan wrote: »

Liability is rarely disputed in cases like this. The presumptions in favour of the pedestrian are very strong. The insurance company will almsot invariably make a settlement offer. The usual thing to do is get into PIAB straight away and get the assessment. Any kind of a medical report will do. After that the court proceedings can be held up until fully up to date and comprehensive medical reports are in place.

Be careful with your advice... when you say "court proceedings can be held up until....". PIAB will make their assessment (assuming liability is not disputed) after circa 1 year end to end... can be shorter. If you refuse the PIAB assessment or the insurance company refuse then it goes to court. When you say "The usual thing to do is...", what basis are you making this? Are you a solicitor?

There are implications in doing so though.... regarding costs etc. If the court awards less than PIAB offered there is a chance that the insurance company will pursue their costs from you.

My advice is don't rush it. Wait till things heal up.... if they are straight forward breaks thats a number of weeks... 10/12 at most?. Physio possibly for a few months. Once you are happy with how things have panned out then get the ball rolling with PIAB.

McCrack

kennM wrote: »

Be careful with your advice... when you say "court proceedings can be held up until....". PIAB will make their assessment (assuming liability is not disputed) after circa 1 year end to end... can be shorter. If you refuse the PIAB assessment or the insurance company refuse then it goes to court. When you say "The usual thing to do is...", what basis are you making this? Are you a solicitor?

There are implications in doing so though.... regarding costs etc. If the court awards less than PIAB offered there is a chance that the insurance company will pursue their costs from you.

My advice is don't rush it. Wait till things heal up.... if they are straight forward breaks thats a number of weeks... 10/12 at most?. Physio possibly for a few months. Once you are happy with how things have panned out then get the ball rolling with PIAB.

Kosseegan is correct. It's best practice to get a claim into PIAB (assuming the case is at least stateable) and get it out ASAP. You are correct with cost implications in that if the matter goes to trial and the plaintiff gets awarded less than PIAB's Assessment, there are strategies however to minimise that happening and one of those strategy's is get it in with a minimum effort medical ideally where prognosis is not settled and get it out.

Ms Minnie Mouse

If liability is in question the insurance company may simply refuse to allow assessment by PIAB, in which case PIAB will issue a Letter of Authorisation and then it's off to court anyway.

MuffinsDa

How often does it happen that liability in a road accident between pedestrian and car is questioned by the insurance company?

Other than someone being completely insane and throwing themselves in front of the car, how could it be contested otherwise, considering due care etc...?

kennM

MuffinsDa wrote: »

How often does it happen that liability in a road accident between pedestrian and car is questioned by the insurance company?

Other than someone being completely insane and throwing themselves in front of the car, how could it be contested otherwise, considering due care etc...?

I would imagine its going to be a statistic that you fill difficult to find the statistics you're looking for but I came across this: http://www.injury-compensation.ie/pedestrian-accident-claims/

hope it helps.

Kosseegan

MuffinsDa wrote: »

How often does it happen that liability in a road accident between pedestrian and car is questioned by the insurance company?

Other than someone being completely insane and throwing themselves in front of the car, how could it be contested otherwise, considering due care etc...?

The insurance company often dispute everything at the start and then pay up when it gets to court.