27 Nov Drink driving accident claims
If you have been involved in a road traffic accident where the other driver was drunk, you may be eligible to make a personal injury claim against them. Whether you were another driver, passenger, cyclist or a pedestrian, you may be entitled to make a claim against the drunk driver.
Can I make a claim for compensation against drunk drivers?
Yes, in most cases the driver will have a valid motor insurance policy and their insurance company will be obliged to pay out compensation on their behalf. If they are not insured you will be able to bring your claim for compensation to the Motor Insurer’s Bureau of Ireland. The MIBI handles claims against uninsured drivers.
For more info on the MIBI, please go to our article here.
While a drunk driver will almost certainly have some degree of liability, they may not be fully liable for your injuries if you were also at fault. In car crashes where the victim is not wearing a seatbelt, they are considered partially responsible for their own injuries and will not be able to claim full compensation. This is known as contributory negligence.
Should I accept an offer from the drunk driver or their insurance company?
Defendants or their insurance companies may look to settle a case early as it is in their interest to resolve a case for the smallest sum possible, before it incurs any further costs. This is especially so in the case of drunk driving which is difficult to defend. In this way, they will likely make a lower offer of compensation than your solicitor might secure in your case through settlement negotiations or by proceeding to the Injuries Board or to court.
For this reason, we always advise discussing any settlement offers with your solicitor before accepting or declining them. Your personal injury solicitor will be able to advise you based on their experience and will work to get you the best possible outcome for your case. Even if your case does not proceed to court, your personal injury solicitor will be able to negotiate with the defendants or their insurance company on your behalf.
Where a claim, including a drink driving claim, is settled, you are agreeing to resolve your case and the claim with no need for your case to proceed to court. If you settle your case, it will be closed and you will not be able to take any further legal action in relation to that claim.
Discuss your drink driving accident claim with a personal injury solicitor in Dublin today
It is important to discuss the unique circumstances of your accident claim with one of our solicitors dealing with road traffic accident claims in Dublin today. They will discuss if you have a case and how to proceed, potential compensation and any settlement offers in your case.
Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors today.