How do I know if I am eligible to claim for car crash caused by spillage, and who can be named responsible?
If you were injured as a result of the accident, and your injuries required medical attention, you may be eligible to claim for car crash caused by spillage. All personal injury claims call for two main criteria to be met; that the accident was caused by negligence and an injury was sustained. In this case, however, negligence may not be attributable to any other drivers who crashed into you because of the oil spill accident, as they were also victims.
Nevertheless, a claim may be made against the vehicle that caused the spillage and CCTV or security cameras may be used in an attempt to identify the vehicle in question. If it is not possible to trace the negligent party to blame for the accident and your subsequent injury due to oil spillage, you may purse your claim through the Motor Insurers’’ Bureau Ireland (MIBI).
The MIBI was established by agreement between the Government and motor insurance companies as a condition of carriage to operate in Ireland. It is responsible for compensating victims of accidents where the responsible motorist is untraced or uninsured, or when the car has been registered abroad. Making a claim via MIBI differs slightly from applying for assessment to the Injuries Board Ireland – which would be the “normal” course of action for a road traffic personal injury claim.
The process for assessment by MIBI is fairly straightforward – you can simply fill out the form online or by sending a paper copy which can be downloaded. Copies of your medical and Garda reports must be attached, as no claim for car crash caused by oil spillage can be made without these important documents. Please, bear in mind that because no sections exist on the MIBI claims form to communicate any financial losses of your “loss of amenity”, you would be recommended to also send an application for assessment to the Injuries Board Ireland once you have received a claims receipt from MIBI confirming that they have received your form.
You would be well advised to engage the services of a solicitor to aid you with this process, as while it is possible to mention how the injury you sustained in the oil spill accident has effected your financial and personal life, the space is restricted and would best be relayed by a legal expert.
Your solicitor would also be in a good position to recommend whether or not the assessments made by both the MIBI and the Injuries Board Ireland adequately represent your injury due to oil spillage and the impact it has had on your quality of life. Should neither assessment sufficiently reflect your circumstances, your solicitor would be able to handle your claim for car crash caused by oil spillage on your behalf through the courts.