Since a car hit me from the rear, can I claim compensation?
Potential plaintiffs who ask “a car hit me from the rear, can I claim compensation?” should know that rear end car accidents are recognised as one of the main reasons for personal injury claims in Ireland and the most frequent explanation for these types of accidents is that the driver of the rear car was not keeping a safe distance, was travelling too fast for the road conditions or was distracted.
However, with the high volume of rear end car accidents comes the risk of false injury claims and it should be known to people who ask “a car hit me from the rear, can I claim compensation?” that the insurance companies who represent those accused of being responsible for the accident, are more frequently investigating the circumstances of rear end accident claims and are less prepared to admit their client’s liability for the injuries sustained by the potential plaintiff in the accident. That said; the law and insurance companies do generally assume that the rear-ending driver is to blame for the accident, unless proven otherwise.
You should have carried out some general procedures following your accident in order to support your claim. The Gardaí should have been called and an ambulance summoned if anyone involved suffered an injury. Even if the Gardai decided not to attend the scene, a record of your call will have been saved, but you should still personally report the accident at the local Garda station.
The most important thing to consider would have been your health. Even if symptoms of your injury had not manifested at the time, you should have been treated by a medical professional immediately following the accident. The resulting examination would have been noted in your medical history which could be used as evidence. You should also be aware that if there is any substantial gap between the date of the accident and the date your injuries were recorded, the final value of your compensation settlement could be significantly reduced.
The potential plaintiff who asks “a car hit me from the rear, can I claim compensation?” should know that a claim for rear end car accident compensation must first be assessed by the Injuries Board Ireland. As the Injuries Board does not determine who is to blame in car accidents, the negligent drivers insurers may wish to investigate your claim further and consent for the Injuries Board assessment can be withheld until a time when the insurance company is satisfied that your claim is valid.
It is worth mentioning that should the insurance company accept their policyholder’s liability, you may be directly approached by them with an unsolicited offer of compensation, which may not adequately represent the injuries you sustained in the accident or the impact they have had on your quality of life.
It would be in your best interests to speak with a solicitor who can assess your claim and give a more accurate answer to “a car hit me from the rear, can I claim compensation?” Most solicitors offer a free initial consultation to establish whether you have a viable claim and if so, can advise you on the best way to account for your injuries and their implications on the application form for assessment to the Injuries Board.