IrelandMy insurance company refuses to pay my claim.
If your insurance company refuses to pay a valid claim, you may have rights under the Road Traffic Act 1961 — especially if the claim arises from a motor accident and involves injury or property damage.
What the Law Says
The Road Traffic Act 1961 sets out the legal requirement for motor insurance in Ireland and gives injured parties certain rights against insurers.
Under Irish law, it is compulsory for every driver to have insurance covering liability for death, injury, or property damage caused to others while using a vehicle on a public road. This is set out in Section 76 of the Road Traffic Act 1961.
Section 76 also gives a person injured (or their estate) the right to bring a claim directly against the insurer of the person who caused the injury — provided the insurer was liable under the policy and the claim falls within its terms.
However, this right does not automatically mean the insurer must pay every claim. They can refuse payment if the claim is outside the policy’s coverage (e.g., unauthorised driver, deliberate act, or breach of policy conditions).
Statutory TextEvery user of a motor vehicle shall, while the vehicle is being used by him, be covered by a policy of insurance… providing cover against liability for death or bodily injury to any person or damage to property caused by, or arising out of, the use of the vehicle on a road.
— Road Traffic Act 1961, s. 76 — Insurance against third party risks
What to Do
Check your policy documents to confirm what is covered and whether any conditions were breached.
Write to your insurer asking for written reasons for the refusal, citing your policy number and date of loss.
If unsatisfied, contact the Financial Services and Pensions Ombudsman (FSPO) — complaints must usually be made within 6 years of the issue arising.
For motor accident claims involving injury, consider seeking legal advice — court proceedings must generally be started within 2 years of the incident (under the Statute of Limitations).
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.