Q: I am from Limerick but I have been studying abroad for the last few years. I was home over Christmas and was in what I thought was a fairly minor road traffic accident. I was a passenger in a vehicle that skidded and hit a wall. The car was driven by my cousin. I definitely got the worst of the impact. I went to my GP as I was in a bit of discomfort. I went back to my studies abroad and the pain temporarily subsided. However, in the last three months it has gotten substantially worse. I don’t know what to do. My cousin is a very decent man, it was a simple accident, and obviously I don’t want to cause any difficulty for him.
Dear Reader,
With regard to your own personal injuries, you should note that you have two years from the date of the accident to lodge a claim. This is a very strict time limit and you should bear that in mind when you consider the following.
You should note that if your cousin had insurance, his Insurance company will deal with your claim on his behalf, including the payment of any award made to you.
I fully appreciate that you don’t want to cause any difficulty for your cousin, but the reality is that it will be the insurance company who will be dealing with the matter on his behalf and not him personally and no doubt if you have injuries he will totally understand. The only effect on your cousin would be that he may lose his no-claims bonus. If he had to have his own vehicle repaired, it is likely that he has already lost his no claims bonus.
You will need to obtain a medical report setting out your injuries. The fact that you do not live in Ireland poses a logistical difficulty only. If you saw a doctor or went to hospital in Ireland, your solicitor could obtain a report from them. If you are in Ireland in the near future, you could re-attend your GP so that their report might be up to date. However, a report from a doctor in the country you are staying would be accepted to ‘stop the clock’. If it were to come down to a court case, it is likely that a doctor based outside Ireland would not be able to travel.
You should immediately consult with your solicitor in this regard. If two years pass from the date of accident, you are entirely barred from taking any claim as a result of your injuries. From what I can gather, you were home over Christmas therefore you are still in plenty of time, but it is better to start the processes sooner rather than later.
