Q. My neighbour and I do a school carpool, I pick up her daughter in the morning and she collects my daughter in the afternoon. Two months ago, on the way home from school, my neighbour’s car was rear-ended at traffic lights. My daughter lost both her front teeth due to the accident. I do not have dental insurance. I have investigated what is required to have her teeth fixed. It is quite expensive and I simply cannot afford her treatment. I know it is not my neighbour’s fault that the accident occurred as the other car rear-ended her, but I am wondering if I can claim for my daughter’s dental treatment from the driver of the other car?
Dear Reader,
This is a most unfortunate situation. Nobody likes to pursue their neighbour in litigation unless it is absolutely necessary, but I don’t think this will apply in your case.
Regarding the logistics of the matter, you will need to establish if the details of the other driver were taken at the time of the accident. I would assume that your neighbour called the Gardaí and details were taken. You might ask your neighbour for the details of the Garda who attended the scene together with a note of the station they are attached to.
You should be able to obtain the name of the driver of the other vehicle and their insurance details. Once this information is available, it is relatively straight forward to pursue the driver for the damage suffered by your daughter.
Liability for the accident should not be an issue as the vehicle your daughter was in was hit from behind and this generally means that the driver of the second car is liable for the accident.
If the driver’s details are available to you then you can write to their insurance company giving them an estimate of works to be completed and asking them to pay out on same. This would mean that your neighbour would not be affected.
If the insurance company do not pay out on production of the invoice for the dental expenses, you may have to proceed by way of an application to the Injuries Board, which could then involve a subsequent court application if any compensation offered does not adequately compensate your daughter.
Finally, just to note, your daughter appears to be a schoolgirl and therefore under the age of 18. Minors may not bring proceedings in their own name, but they can do so when they are represented by a “next friend”. The next friend would be you, being your daughter’s mother.
I do not know the age of your daughter but if your daughter reaches the age of 18 before the claim settles, then your daughter can continue proceedings in her own name. If not and the matter is settled, any compensation awarded to a minor is lodged into the court bank account and becomes payable to you daughter with interest when she reaches the age of 18 years. Any settlement of a case involving a minor must be approved by the court. I would advise that you contact your solicitor in this regard.
