Compensation for an Accident on the DART
I want to claim compensation for an accident on the DART. How do I go about making a claim?
In order to make a claim for compensation for accident on the DART you must have sought medical attention for your injury at the accident and emergency department of a hospital or a doctor’s surgery. DART accident claims must be supported by your medical records, and if you have not yet visited a doctor a visit should be arranged as a matter of urgency.
After your injuries have been treated it is strongly recommended that you speak with a personal injury solicitor about making a claim for an injury on the DART. It is important that eligibility to take legal action is confirmed and a solicitor is in the best position to give you specific legal advice relating to your case.
It is only possible to claim compensation for accident on the DART if you suffered a personal injury in an accident on board the train which was caused by the negligence of the train operator or staff. If you were primarily responsible for sustaining an injury, a claim for an injury on the DART will not be possible.
Although evidence of negligence is not necessary when you submit an application for assessment to the Injuries Board, should Irish Rail decline to give their consent for the Injuries Board to proceed with the assessment of your claim for compensation for an accident on the DART, you will be issued with an authorisation to pursue your claim for an injury on the DART through the courts.
In this scenario, DART accident claims must be supported by evidence of negligence; which can include CCTV camera data and eye-witness accounts of the accident. A personal injury solicitor is in the best position to assist you with collecting evidence to support your case and a request will be made to Irish Rail to release onboard CCTV data, and eye-witnesses will be contacted for statements.
Whenever a passenger is injured on a train it is important that the accident is reported to the train operator. The accident report can be made by telephone, but it is advisable to also write to Irish Rail and to retain a copy of the letter. The letter can be used as proof of the accident and it will also ensure that Irish Rail can take action to prevent similar accidents from occurring in the future.
If you fail to notify Irish Rail about the accident and your injury, it is probable that your claim for an injury on the DART will be contested, which is likely to cause substantial delays in the payment of compensation and may place your claim in jeopardy.
After consulting a solicitor and collecting evidence to support your claim for being injured on a train the next step is to complete a claims Form A and send it to the Injuries Board for assessment. It is advisable to allow a solicitor to complete the claims form on your behalf and to arrange for a medical assessment Form B to be completed as proof of injury.
Once the claim forms have been submitted to the Injuries Board, you will then need to wait for your case to be assessed; although in the interim your solicitor will attempt to negotiate a suitable settlement of compensation for accident on the DART with Irish Rail’s insurance company.