Accidents involving uninsured drivers are unfortunately on the increase. It is estimated that there are close on 150,000 uninsured drivers on Irish roads. If you have been involved in a collision caused by a vehicle which was uninsured and you suffered injury, loss or damage as a result, then it will be necessary to submit a claim to the Motor Insurers’ Bureau of Ireland (MIBI). The MIBI compensates victims of road traffic accidents caused by uninsured or unidentified drivers and also provides a mechanism for seeking compensation where the accident was caused by a foreign registered vehicle.
The MIBI Scheme
The first step in the process is to notify the MIBI of the accident and the intention to pursue a claim for damages. A MIBI claim notification form will need to be submitted detailing all available information in respect of the accident such as the date, time, and location, your own personal details, vehicle registration numbers, details of vehicle damage, injuries sustained and attendances with medical professionals, and details of attending Gardaí.
The MIBI will then investigate the matter, including if necessary interviewing the parties involved, and ascertain the insurance position of the alleged offending driver and vehicle. There are a number of pre-conditions to making a claim and certain exclusions apply. If the matter comes within the remit of the MIBI it will nominate an Irish insurance provider to deal with the claim. The MIBI becomes a party to the proceedings and is named as a defendant along with the offending driver. If successful, the claimant receives a payment in compensation from the MIBI on conclusion of the matter.
For further information on the MIBI Scheme visit http://mibi.ie
It is also possible to make a claim for property damage under the MIBI Scheme, including vehicle damage. However, if your own vehicle is covered by fully comprehensive insurance you must rely on your own insurance policy. Thankfully, there is a protocol in place between the MIBI and Irish insurance providers which ensures that a claimant’s No Claim Bonus is unaffected.
MIBI claims can be complicated and there are certain onerous obligations on claimants relying on the MIBI scheme. As a consequence, it is always advisable to speak to a solicitor experienced in MIBI claims.
We have a special interest in the law relating to uninsured and untraced drivers and can guide you through the process ensuring you are in safe hands and receiving the best advice available.
If you wish to discuss a potential claim or would like advice on any matter, please Contact Us for a consultation.
*in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award of damages.