After a fatal road collision, the Garda investigation, the inquest and the family's claim run separately. This page explains each one, and how the claim is made against the driver's insurer or the MIBI.
A road traffic fatality claim is a claim for the family of a driver, passenger, cyclist, motorcyclist or pedestrian who died because another road user was negligent.
It is made under Part IV of the Civil Liability Act 1961, with one action brought for all the dependants, and it is usually dealt with by the insurer of the driver at fault.
Fatal collisions often involve speeding, impaired driving, failing to yield at a junction, overtaking into oncoming traffic or a vehicle that was not roadworthy.
The evidence usually comes from the Garda investigation, the post-mortem, witness statements, dashcam or CCTV footage and the damage to the vehicles.
Gardaí investigate fatal collisions, and a Family Liaison Officer may be appointed to keep the family told of major developments, as the Victims Charter explains.
In a fatal road case, only the Director of Public Prosecutions decides whether to prosecute, for example for dangerous driving causing death under section 53 of the Road Traffic Act 1961.
The criminal case is separate from the family's claim, and the claim does not wait for it.
A death on the road is reported to the coroner, who holds an inquest because the death was sudden and not from natural causes.
If Gardaí are considering criminal charges, a senior Garda can ask the coroner to adjourn the inquest until the criminal case is over. The inquest records how, when and where the death happened; it does not decide who was at fault.
The claim follows its own steps:
Read more about dependency and bereavement support.
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.
In serious cases, including fatal road collisions, a Garda Family Liaison Officer may be appointed to tell the family about major developments and point them to support services. If no liaison officer has been appointed, ask the investigating Garda station who your contact is.
If the death happened on or after 22 October 2008, a family member can ask the DPP for a summary of the reasons and for a review of the decision.
The review is carried out by a lawyer who was not involved in the first decision. See the DPP section of the Victims Charter.
No. A civil claim is decided on the balance of probabilities, a lower standard of proof than in a criminal trial. The family's claim can go ahead whether or not there is a prosecution, and whatever its result.
Yes. The claim is made against the driver's estate and is dealt with by their insurer.
Under section 9 of the Civil Liability Act 1961, proceedings against an estate must start within the normal time limit or within two years of that driver's death, whichever ends first.
The claim is made to the Motor Insurers' Bureau of Ireland, which deals with claims involving uninsured and unidentified vehicles, as Citizens Information explains. The same dependants' claim applies.
Yes. The family can claim against the driver of that car, any other driver who was to blame, or both. The claim is dealt with by each driver's insurer, and the time limits are the same.
The claim can still be brought. If that made the injuries worse, the compensation is reduced in proportion under sections 34 and 35 of the Civil Liability Act 1961.
Yes, once the inquest is over. The coroner's office can provide the post-mortem report, the statements given at the inquest and the verdict, for a small fee. See inquests and inquest reports.
Two years from the date of death, or from the date of knowledge if later, under section 6 of the Statute of Limitations (Amendment) Act 1991.
Time stops while the application is with the Injuries Resolution Board. The letter to the driver at fault is due within one month.
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]
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Friday 9am – 5pm
