What to do after a car accident in Ireland: legal duties and claims
After a road traffic collision in Ireland the law imposes duties on every driver involved, whoever was at fault. Section 106 of the Road Traffic Act 1961 requires you to stop, stay at the scene for a reasonable time, offer assistance to anyone injured, exchange specified information, and report the collision to An Garda Síochána where someone other than you has been injured or where details could not be exchanged. Failing to stop is a criminal offence, and leaving the scene of an injury collision to escape liability carries up to 7 years' imprisonment.
What you do in the first hour also decides how any claim will go. Insurers and courts look for photographs, the other driver's details, witness names, a Garda record and an early medical note. Without them, an injury claim can fail even where the injuries are real: in a 2026 High Court case the plaintiff's motorbike was removed from the scene before anyone could inspect it, and his claim was dismissed.
This guide sets out the legal duties at the scene, notifying your insurer, what to do if the other driver is uninsured or drove off, and how claims for vehicle damage and for personal injury are made. The Injuries Resolution Board stage and the court process for injury claims are explained in more detail in our guide to making a personal injury claim.
Key facts
Deadline
Report a collision involving injury to anyone other than yourself to the Gardaí as soon as possible (Road Traffic Act 1961, s. 106(1)(d)). Notify your own insurer as soon as practicable; s. 71 of the 1961 Act and most policies require prompt written notice, and late notice can prejudice your cover. A personal injury claim must generally be brought within 2 years from the accident or date of knowledge (Statute of Limitations (Amendment) Act 1991, s. 3, as amended in 2004), with the clock stopped by a complete Injuries Resolution Board application. A claim for vehicle or property damage alone in negligence is subject to the 6-year period in s. 11(2)(a) of the Statute of Limitations 1957. Send a letter of claim to the other driver within 1 month of the accident.
What to do
- Stop, make the scene safe and help anyone injured. If you are the driver of a vehicle involved in an incident causing injury to a person or property in a public place, you must stop and keep the vehicle at or near the scene for a reasonable time (s. 106(1)(a) and (b) of the Road Traffic Act 1961). Since the Road Traffic Act 2014, a driver must also offer assistance where someone is injured or appears to need help. Switch on hazard lights, use a warning triangle if it is safe to do so, and call 112 or 999 for an ambulance and the Gardaí if anyone is hurt or the road is blocked. Do not move seriously injured people unless they are in immediate danger.
- Exchange the information the law requires. Each driver must give, on demand by a person entitled to it, the "appropriate information" defined in s. 106(4): their name and address, the name and address of the vehicle's owner, the registration number, and particulars of the insurance. Write down the other driver's insurer and policy number from the insurance certificate or disc, and check that the name matches the driver. Do not admit liability or sign anything at the scene; an apology can later be presented as an admission, and your policy may forbid admissions. If the other driver refuses to give details, note the registration and leave it to the Gardaí.
- Record the evidence before anything is moved. Take photographs and video of the vehicles' positions, damage to both cars, road markings, signs, skid marks, debris, weather and lighting, and your visible injuries. Save any dashcam footage at once, as many devices overwrite within hours. Get names and phone numbers of independent witnesses and note nearby CCTV cameras at shops or petrol stations; footage is often deleted within a few weeks, so request it in writing quickly. Keep the damaged vehicle available for inspection by the insurers' engineers. In [2026] IEHC 354 the court dismissed a motorcyclist's claim partly because his bike was removed and disposed of before it could be examined.
- Report the collision to the Gardaí where required. Under s. 106(1)(d), as substituted in 1968, the driver must report the collision to a member of the Garda Síochána as soon as possible, going to the nearest Garda station if necessary, where a person other than the driver is injured, or where property belonging to someone else is damaged and the information could not be given at the scene, for example a parked car or a wall. Even in a minor collision, a Garda report is valuable evidence for an injury claim and essential for an uninsured or hit-and-run claim. Ask for the Garda's name and the incident (PULSE) number. A copy of the Garda report can later be requested, usually for a fee.
- Notify your own insurer promptly. Section 71 of the 1961 Act requires the insured to give the insurer written notice of an event that may lead to a claim as soon as practicable, and every motor policy contains its own notification clause. Give the facts, the other driver's details and the Garda reference, even if you do not intend to claim on your own policy; failure to notify can lead the insurer to refuse an indemnity if the other driver later sues you. Every driver using a vehicle in a public place must hold an approved policy covering injury to others (s. 56). If you have comprehensive cover, your insurer may repair your car and recover the cost from the other side.
- If the other driver was uninsured or drove off, involve the MIBI. Every motor insurer in Ireland must be a member of the Motor Insurers' Bureau of Ireland (s. 78 of the 1961 Act). The MIBI compensates victims of uninsured drivers and, for personal injury, of untraced (hit-and-run) drivers, under an agreement with the Minister for Transport. Report the collision to the Gardaí without delay and keep the reference, because the MIBI expects a Garda report for an untraced driver. Compensation for property damage caused by an untraced vehicle is restricted. An injury claim against the MIBI still goes through the Injuries Resolution Board, with the MIBI named as respondent.
- Get medical treatment and keep records. See your GP or attend an emergency department within a day or two, even if you only feel stiff; soft tissue injuries to the neck and back often develop over the following days. Tell the doctor exactly how the collision happened, including the direction of impact and whether you were wearing a seat belt. Attend follow-up appointments and physiotherapy, and keep receipts for medical costs, prescriptions, travel, car hire and lost earnings. Consistent medical records are what the Injuries Resolution Board and the court rely on; gaps in treatment and inconsistent histories are a standard line of cross-examination.
- Claim for vehicle damage through the insurers. A claim for damage to your car, without personal injury, is not dealt with by the Injuries Resolution Board. Send the other driver's insurer your repair estimate or engineer's report, photographs and receipts for towing, storage and replacement vehicle hire; or claim on your own comprehensive policy and let your insurer pursue the other side. If the third-party insurer disputes liability, a modest property claim can go to the District Court. The limitation period for a property damage claim in negligence is 6 years, but evidence weakens quickly. Accepting a cash settlement for the car does not prevent a separate injury claim.
- For an injury, send a letter of claim and apply to the Injuries Resolution Board. Write to the other driver within 1 month, stating the date and place of the collision, why you hold them responsible and that you are claiming compensation; s. 8 of the Civil Liability and Courts Act 2004 lets the court penalise unreasonable delay in costs. A claim arising from the driving or use of a mechanically propelled vehicle must go to the Board before any court proceedings (s. 3(b) and s. 12 of the 2003 Act). Apply online at injuries.ie with a medical report and the respondent's details, including the insurer if known. Assessment, mediation, rejection and court proceedings follow the general procedure explained in our guide to making a personal injury claim.
What to watch out for
- Leaving the scene, or not reporting an injury collision to the Gardaí, is an offence under s. 106. Where someone needs medical assistance and the driver leaves to escape liability, the penalty on indictment is a fine of up to €10,000, up to 7 years' imprisonment, or both (s. 17 of the Road Traffic Act 2014).
- Admitting fault at the scene or agreeing a private cash deal without telling your insurer can breach your policy terms and leave you personally liable if the other driver later claims for injuries.
- Disposing of or repairing the vehicle before the insurers' engineers inspect it removes key evidence; in [2026] IEHC 354 the claim failed after the plaintiff's motorbike was taken away and never examined.
- Not wearing a seat belt, speeding, or a pedestrian failing to keep a proper lookout leads to a reduction for contributory negligence. In [2026] IEHC 260 a pedestrian's award was cut by 40%.
- Inflating loss of earnings or the effect of injuries risks dismissal of the whole claim under s. 26 of the 2004 Act if the figures are verified on affidavit or given in evidence. In [2026] IECA 95 claimed losses of €621,388 were withdrawn on the eve of trial and the plaintiff recovered €45,000 with a differential costs order against him.
- An injury application to the Board that lacks a medical report or the respondent's details does not stop the 2-year limitation period.
- Claims against the MIBI for untraced vehicles depend on a prompt Garda report; a late report makes the claim much harder to establish.
Legal basis
Related court decisions
Frequently asked questions
Do I have to report a car accident to the Gardaí in Ireland?
Yes, if anyone other than you was injured, or if you damaged someone else's property and could not give your details to the owner at the scene. The report must be made as soon as possible, at the nearest Garda station if no Garda attends. For a minor collision where details were exchanged and nobody was hurt, a report is not legally required, but it is still useful evidence.
What details must I exchange after a crash?
Your name and address, the name and address of the vehicle's owner, the registration number and particulars of your insurance. These are the details required by s. 106(4) of the Road Traffic Act 1961. It is also sensible to note the other driver's phone number, the make and colour of the vehicle, and the names and numbers of witnesses.
Should I admit fault at the scene of an accident?
No. Stick to facts and exchange details. Liability is decided later by the insurers, the Injuries Resolution Board or a court on the evidence, and an admission at the scene can be used against you. Most motor policies also prohibit admitting liability or making offers without the insurer's consent, and breaching that term can affect your cover.
How long do I have to tell my insurer about an accident?
As soon as practicable. Section 71 of the Road Traffic Act 1961 requires written notice of an event that may give rise to a claim, and your policy will set its own notification terms, often within days. Notify even if you do not intend to claim, because the other driver may claim against you later.
What if the other driver has no insurance or drove off?
Report it to the Gardaí immediately and get the incident number. Injury claims involving uninsured or untraced drivers are compensated by the Motor Insurers' Bureau of Ireland, which is funded by all motor insurers. The claim goes through the Injuries Resolution Board with the MIBI as respondent. Damage to your car caused by an untraced driver is covered only in limited circumstances.
How long do I have to make a claim after a car accident?
For personal injuries, generally 2 years from the accident or from when you first knew of a significant injury caused by the other driver. A complete Injuries Resolution Board application stops the clock. For damage to the vehicle alone the limit is 6 years, but insurers expect notice within days and evidence disappears quickly.
Do I need to go to the Injuries Resolution Board for a car accident claim?
Yes, for any personal injury claim arising from the use of a vehicle. You cannot issue court proceedings without the Board's authorisation. A claim for vehicle damage only does not go to the Board; it is made to the insurer and, if disputed, to the courts. The Board process is set out in our guide to making a personal injury claim.
Will my damages be reduced if I wasn't wearing a seat belt?
Very likely, if not wearing a belt made the injuries worse. The court reduces damages in proportion to your share of responsibility under s. 34 of the Civil Liability Act 1961. The same applies to a pedestrian or cyclist who failed to keep a proper lookout; in a 2026 High Court case a pedestrian was found 40% to blame.
Is dashcam footage admissible as evidence in Ireland?
Dashcam footage is routinely used by insurers, the Gardaí and the courts in road traffic cases, and it can settle disputes about speed, position and sequence. Save the original file immediately, note the date and time setting, and give copies to your insurer and the Gardaí. Footage that also captures bystanders should be used only for the claim.
Can I claim for whiplash after a minor collision?
Yes, if the injury is documented by a doctor and was caused by the other driver's negligence. Minor neck injuries that resolve within months are valued in the lowest brackets of the Personal Injuries Guidelines, so legal and medical costs can be significant in proportion. Prompt medical attention and consistent reporting of symptoms are essential.
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