Can I recover the cost of my car damage prior to settlement of my claim?

This question frequently arises in road traffic accident cases. Can I recover the cost of my car damage prior to settlement of my injury claim?

The answer is that just one claim can be brought by a claimant in respect of the accident. Therefore it is not possible to bring a separate claim for car damage, both claims must be brought together. However Gary Matthews Solicitors will always encourage Insurance companies to settle the “material damage” (car damage) claim separately in the early stages and frequently insurers are willing to do so.

Refusal to do so may result in further costs having to be paid by the Insurers for the additional inconvenience caused to the claimant as well as car-hire expenses and possible bank interest if a loan is taken out to cover the cost of repairs or a replacement car. It is also worth noting that insurers must also pay a figure for “depreciation” to a car which has been involved in a collision.

At Gary Matthews Solicitors, as personal injury law specialists, we have been helping our clients claim for road accidents, If you have been in a road traffic accident where you suffered personal injury you may be entitled to claim. We’ll sit down with you and explain all your options as well as the likely outcome.

If you have been involved in a car accident,

Click on this link http://www.touchcall.co/0035319036250/ to call the office to arrange a consultation OR

Complete our Call Back Request Form below & a member of our team will get back to you.

We put you, the client first.

Request a Call Back 

Take the first steps towards making a claim for your injuries

Your first step in the process is obtaining Legal Advice from our expert legal team.

Begin our 3 step Check:

How long do I have to claim?

How long do I have to make a personal injury claim?

As a general rule an accident compensation claim must be registered with The Injuries Board (and acknowledged) within two years of the accident date. There are exceptions. In particular, where the “date of knowledge” is some time after the accident date, then the two year limitation period only commences on the “date of knowledge”. The date of knowledge is defined as the date a person became aware that the injury occurred, that it was significant and that it was attributable to negligence or breach of duty, and knew the identity of the Defendant (Statute of Limitations (Amendment) Act 1991 Section 2). A typical example of a case where the time limit may be extended under this section is where a claimant sustains a very minor or trivial injury in an accident but subsequently becomes aware that the injury was significantly more serious. The term “significant” is not defined in the Act and so the particular facts of each case must be examined.

  1. Child Claimants:

An important exception to the two year rule is the case of child Plaintiffs (persons under the age of 18 years). When a child is involved in an accident, the two year limitation period only commences on the child’s 18th birthday so the Next Friend (usually a parent) may commence the claim at any time up until the child’s 18th birthday. If a claim has not been commenced by such date, the child himself may bring the claim at any time up until the day prior to his 20th birthday.

  1. Defective Products:

The time limit for claiming compensation for damage caused by a defective product is three years from the date the damage occurred or “date of knowledge(Defective Products Act 1991).

  1. Legal Advice:

There are various other exceptions and it is important to consult your Solicitor for expert advice in each case.

If you would like to find out more about time limitations

Click on this link Tel: 019036250 to call the office with your enquiry OR

complete our online enquiry form below & we will contact you with swift and effective legal advice.

Request a Call Back 

Take the first steps to towards making your claim.

Your first step in the claims process is obtaining expert Legal Advice from our legal team.

Begin our 3 step Check:

Choosing your solicitor – What you need to know!

Picking your personal injury solicitor – what you need to know!

You’ve had an accident and you’ll probably agree it’s one of the most unpleasant things that can happen. ‘And it could so easily have been prevented’…. you’re thinking. People are telling you that you that you may be entitled to a claim. If it’s something that’s never happened to you before, you probably have a hundred questions. You need an experienced personal injury solicitor to make sure you have the best possible chance of a successful claim. Keep these six points in mind when you’re making your choice.

5 considerations when choosing your personal injury lawyer:

  1. Experience – different solicitors may have different areas of expertise. When you have a personal injury case in Ireland, our advice is simple. Choose an Irish personal injury law expert. You don’t want your solicitor to be part of a general practice. You want someone that’s knows the local scene inside out, that have worked with injuriesboard.ie before. You want someone that knows the ropes.
  2. Accreditationsif you were having your appendix removed, would you let your GP do the operation – he is a doctor after all. Of course not – you would only let a specialist surgeon carry out the operation. What should your personal injury claim be any different. Use someone who specialises in Personal Injury cases and does nothing else and has been accredited by Personal Injury organisations like APIL(www.apil), Headway etc..,.
  3. Costs – find out how they structure their costs. If it’s on a no-win, no-fee basis, this may be your best option. But be careful to get a solid outline of all fees and do your research.
  4. How they do business – while it’s accepted that most cases never go to court, you always have to be ready for the possibility of a court date. Your solicitor must show you that they have gone down this route before and been successful.
  5. Their track record – when you sit down with them, ask your personal injury solicitor about how successful they have been. Have they taken on a case like yours before? In simple terms, back a winner and do what they tell you – you’re paying for their expertise after all.
  6. What feeling you get – this is what they call the ‘gut’ test. When you walk out of that door after the meeting, how you feel, what does your gut tell you?. Did they listen to you? A good solicitor will listen more than they talk. They’ll treat you with respect and after the meeting you’ll feel assured and confident. This is often the number one way to choose a personal injury solicitor. Because if you’re not happy they can do the business for you, it will feel like a long and difficult process.

It’s a big decision. At Gary Matthews Solicitors, we’ve been helping people with claims for personal injury for over 25 years.

If you think you might have a claim for compensation, get in touch. We’ll go through all your options and work with you towards a successful outcome.

Make an Enquiry today.

[ninja_forms id=1]