I want to make a personal injury claim for whiplash, but I am confused about how to claim compensation for multiple cars in an accident. Can you tell me how I can determine who is responsible and how I can make a claim for whiplash?
Claiming personal injury compensation for multiple cars in an accident can be highly complex, and you should therefore seek legal advice from a personal injury solicitor about recovering compensation for your injuries.
When a road traffic accident involves more than two vehicles, blame for the accident may be shared by more than one driver. It is possible that you will need to make multiple car accident claims against multiple insurance policies if more than one driver has been negligent. Before car accident claims involving multiple drivers can be resolved, it must be determined who was primarily to blame for the accident, and the extent to which other drivers contributed to your injury.
The contributory negligence of each driver must be assessed, so that compensation can be claimed against each negligent third party. If other drivers also sustained injuries in the accident, it is possible that you will not be the only person making multiple car accident claims for compensation which invariably complicates the claim process.
The Injuries Board will not agree to assess a claim when there is contributory negligence, as this is beyond its current remit. The Injuries Board decides on compensation amounts and does not determine the extent to which a third party is to blame for an accident. It is therefore highly probable that the Injuries Board will reject an application for a claim assessment and will issue an authorisation to take the claim for a car accident involving more than two vehicles to court. A judge will then decide on the degree to which each party is to blame for the accident and the amount of compensation that each driver must pay to the victim(s).
Due to the complicated nature of car accident claims involving multiple drivers you will need to enlist the services of a personal injury solicitor to investigate the case, collect evidence of negligence and prepare the claim for litigation. It is important that a solicitor is involved in a claim for a car accident involving more than two vehicles as soon as possible to ensure that evidence can be collected.
If whiplash has been diagnosed by a doctor, a record of your injuries will be detailed in your medical records. However it may be necessary for you to undergo further medical examinations by a doctor specialising in whiplash injuries. It is important that your injuries are fully diagnosed and an accurate prognosis for recovery is obtained so that compensation amounts can be accurately calculated.
It is probable that the Gardai will have been notified about an accident involving multiple vehicles, although you should not rely on other drivers to make an accident report to the Gardai. If you have not already done so you should contact the Gardai at the earliest possible opportunity to make a report of the accident. It is also important that you do not admit liability for any aspect of the accident to any third party, as this has potential to affect how much injury compensation for multiple cars in an accident you will be entitled to claim. Liability should be determined by the Gardai, personal injury solicitors and ultimately the judge who hears the case if a negotiated settlement cannot be agreed beforehand.