Every vehicle on Irish roads must be insured for injuries to its passengers, so a passenger's claim is dealt with by an insurer, not the driver personally. This page explains who the claim is made against, including when the driver is a friend or relative.
A passenger injury claim is a claim by someone hurt while travelling in a car, van, taxi or bus that they were not driving.
It is made against whichever driver caused the crash: the driver of your own vehicle, the driver of another vehicle, or both.
Third-party insurance is the legal minimum for every vehicle in Ireland, and Citizens Information confirms that it covers injuries to the at-fault driver's own passengers. The driver's insurer deals with the claim and pays any compensation.
Many passengers hold back because the driver is a partner, parent or friend. The claim goes to that driver's insurer, which is what the policy is for.
The driver will need to report the crash to their insurer and give it an account of what happened.
Where seatbelts are fitted, drivers and passengers must wear them. If not wearing one made your injuries worse, the insurer will argue contributory negligence, and compensation can be reduced in proportion under section 34 of the Civil Liability Act 1961.
It depends on who caused the crash.
Note the names of everyone in the vehicle and the registration of every car involved. Write to the driver at fault within one month, as section 8 of the Civil Liability and Courts Act 2004 requires.
Most claims then go to the Injuries Resolution Board; read how the Injuries Resolution Board works.
Everything after the first item is claimed as special damages, so keep the receipts. Note each damaged item with its rough age and value, and keep anything broken until the claim is settled.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
We prepare your application to the Injuries Resolution Board, including the medical evidence, and advise you on any assessment before you decide whether to accept it.
You can meet us at any of our four offices, or deal with us by phone, email or video, wherever you live in Ireland.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
Yes. If your driver caused the crash, the claim is made against them and dealt with by their insurer. Third-party motor insurance covers injuries to the driver's passengers.
No. The claim is handled by the driver's insurer, and the driver does not pay the compensation personally. Their part is to report the crash to the insurer and give an honest account of what happened.
You can still bring a claim. If the insurer shows that wearing a seatbelt would have reduced your injuries, your compensation will be cut in proportion under section 34 of the Civil Liability Act 1961.
Yes. Passengers are injured on buses when a driver brakes hard or pulls off before they are seated, and in taxis in ordinary collisions. The claim is made against the operator or the driver who caused the incident, and dealt with by their insurer.
The claim then goes to the MIBI. See our pages on claims against uninsured drivers and hit and run claims.
A parent or guardian brings it for them as "next friend", and a court must approve any settlement. Read more about claims for injured children.
Two years from the date of the crash, or from the date you knew about the injury if later, under the Statute of Limitations (Amendment) Act 1991. For a child passenger, the two years start on their 18th birthday.
Most claims are resolved through the Injuries Resolution Board or settled with the insurer without a hearing. If a case does go to court, the insurer deals with the defence for its driver.
Road traffic claims are run by Paul Kearney, who founded the firm and is regulated by the Law Society of Ireland, with trainee solicitor John Deeney. We work from offices in Dublin, Cork, Galway and Letterkenny.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
Email: [email protected]
Opening Hours:
Monday to Thursday 8am – 8pm
Friday 9am – 5pm
