Please can you explain what I must do in order to make a compensation claim for a moped accident?
There are two important actions to take before a compensation claim for a moped accident can be made. The first is to seek medical attention for your injuries, even if you have only suffered cuts and bruises. Your medical records must confirm the injuries for which the claim is being made, and the doctor who treated you will need to complete a medical assessment form to accompany your application to the Injuries Board for claim assessment. The second action is to report your moped accident to the Gardai. You will need an accident report reference number to give to the Injuries Board.
All moped accident claims must be sent to the Injuries Board for assessment, although the negligent third party responsible for the accident will need to give consent to have the Injuries Board to assess your claim. If liability for the accident is denied, consent to the Injuries Board assessment will not be given, your file will be closed, and you will be issued with an authorisation to take the claim to court.
If liability is accepted, the Injuries Board will proceed with the claim assessment and will decide on the amount of compensation for an injury from a moped accident that should be paid by the respondent. Once the assessment has been completed, the respondent and you will both have the opportunity to accept or reject the amount of recommended compensation. If either party rejects an Injuries Board assessment, the case will be closed, authorisation issued for you to take the case to court and the value of your compensation claim for a moped accident will be decided by a judge.
The majority of personal injury claims in Ireland are settled without involvement of the courts. The Injuries Board resolves approximately a third of claims, with the remainder of cases decided by direct negation between a plaintiff’s solicitor and the respondent’s insurance company.
You will be able to improve the probability of receiving a quick settlement of compensation for an injury from a moped accident if you enlist the services of a personal injury solicitor. Once your moped accident claims forms have been sent to the Injuries Board, your solicitor will attempt to settle the case directly with the negligent third party’s insurance company.
If an appropriate settlement can be reached, the application to the Injuries Board will be retracted. If liability for the accident is rejected, a solicitor will prepare your case for litigation and will complete the necessary court applications on your behalf.
The best step to take after your accident has been reported to the Gardai and your injuries have been treated by a doctor is to seek legal advice from a personal injury solicitor. The claims process will be explained to you in detail, your case will be assessed and you will find out the approximate amount of compensation you should receive.
A solicitor can also make an application to the courts to have a proportion of compensation for your moped accident released before your case has been resolved if you need to cover the costs of medical treatment and other essential expenses.