IrelandI was a passenger injured in a car accident. Who do I claim against?
As a passenger injured in a car accident in Ireland, you generally claim against the driver(s) whose negligence caused the accident — whether the driver of your vehicle, the other vehicle, or both.
What the Law Says
The Civil Liability Act 1961 sets out the legal basis for claiming compensation when someone is injured due to another person’s negligence. As a passenger, you are not automatically barred from claiming just because you were in the vehicle of a friend or family member.
Under Irish law, liability for personal injury arises where someone suffers harm because of another person’s wrongful act or omission — usually negligence. As a passenger, you have the right to seek compensation from any driver whose carelessness caused the crash, including the driver of the car you were in.
Section 2 of the Civil Liability Act 1961 establishes that the death of a person does not extinguish their rights or liabilities — meaning claims survive and can be brought by or against estates. While this section mainly addresses survival of actions after death, it underpins the broader principle that civil liability for injury is enforceable regardless of the relationship between parties.
Importantly, your claim is not against the car’s owner unless they are also the negligent driver (or liable as employer or under vicarious liability rules). You sue the at-fault driver(s), and their motor insurer typically handles the claim.
Statutory TextNo cause of action shall be extinguished by the death of either party thereto, but the action may be brought or continued notwithstanding such death.
— Civil Liability Act 1961, s. 2 — Survival of actions
What to Do
Seek medical attention and keep records of injuries and treatment.
Gather evidence: photos of the scene, witness contact details, Garda report (if available).
Notify the driver(s) involved and their insurers as soon as possible.
Consult a solicitor within 2 years of the accident (or within 2 years of turning 18 if you were a minor at the time).
Submit your claim through the Injuries Board (now part of the Personal Injuries Assessment Board – PIAB) unless it’s a case excluded from assessment (e.g., certain public authority claims).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.