Uninsured Driver Accident Claims – Motor Insurers’ Bureau of Ireland

If you have been involved in a road traffic accident and the driver responsible for the accident did not hold a valid policy of insurance, or you are unable to trace the driver, you are still permitted to bring a claim for compensation. Instead of bringing your claim against the insurance company of the negligent driver, your claim will be brought against the Motor Insurers Bureau of Ireland (MIBI).

The MIBI was established in 1955 and is a non-profit organisation. The role of the MIBI is to compensate victims of road traffic accidents caused by either uninsured or unidentified vehicles. In order to bring a claim against the MIBI you must inform the Gardai of the accident as soon as possible.

A claim involving the MIBI will follow the same procedure as any other road traffic accident claim, and an application to PIAB is still necessary. The MIBI will nominate an insurance company to represent their interests during the claims process.

4 Steps – What to do if you were injured in a Road Traffic Accident

In order to be eligible to pursue a personal injury claim there are a few factors that must be considered first. You must be able to prove that you have suffered an injury due to the fault of another party because of their negligence. Often it’s obvious who is at fault but road collision claims can be also be complex if a few parties are involved or the other side won’t admit liability. We encourage defendants to deal with their claim at the earliest possible stage so If you’ve been injured in a road collision its best to gather as much evidence as possible to support your claim.

Contact Details: Ensure you get the contact details of all people involved in the accident, names, phone numbers, vehicle registrations, and most importantly insurance details. If there were any witnesses present also take their contact details.
Photographs: Take photographs of the scene of the accident, Snaps from your phone are sufficient. If you can’t take photos, try to draw a sketch while you are at the scene. Often victims are so in shock it can be difficult to describe what happened afterwards.
Records & Receipts: Retain any medical records, receipts for medical treatments, GP and Consultant visits and any medication prescribed due to the accident.
Loss of Earnings: Part of your injury claim will also be based upon the financial impact the accident has had one you, eg. If you’ve had to take unpaid leave due to the injury or any other expenses that you have incurred due to the accident, keep a record of all receipts.

Questions Answered about Road Accidents

Are you the Driver of a Vehicle thats been involved in a Crash?

If you are the driver of a vehicle that has been involved in a road traffic accident the first thing that you should do is call the Gardai. An abstract report from the Gardai can prove to be invaluable where liability for the accident is at issue. It is also necessary to ensure that you note the contact details of all people involved in the accident, including any witnesses, and more importantly to obtain the insurance details of the other drivers involved. Once all details have been exchanged and the accident has been reported to the Gardai it is advisable to seek medical attention.

Following an accident you may be in shock and not realise the extent of the injuries you have sustained. Although in most cases involving road traffic accidents it is obvious who was at fault, there are cases where the issues are more complex. Road traffic accidents become more complicated where there are more than two parties involved, one party refuses to admit liability, the party at fault does not have a valid policy of insurance or the party at fault flees the scene of the accident.
What happens if the Defendant has no Insurance?

The injured party, although entitled to sue in the courts for the injuries sustained, may be wasting their time if the defendant motorist has little means or assets. If the court makes an award and the Defendant is not in a position to pay the award the injured party may never win their case. This problem was resolved in 1955 with the introduction of the Motor Insurers Bureau of Ireland (MIBI). The MIBI was established to compensate victims of uninsured motorists.

A claim may be brought against the MIBI by any person, entitled in law, to bring a claim for personal injury or wrongful death – which arises out of the negligent use, by an uninsured person, of a mechanically propelled vehicle. A claim against the MIBI will be taken in the same way as a claim against a person holding a valid insurance policy.
Can a Passenger Claim for a Car Crash?

If you are a passenger in a vehicle which is involved in a road traffic accident you will be entitled to claim, regardless of who was at fault. As a passenger you cannot be found at fault for the accident.
What is Statute of Limitations? – 2 years to Claim

Under the Statute of Limitations an injured party has two years from the date of the accident within which to make an injury claim. Road traffic accidents, like all personal injury claims, must first be processed through PIAB. At Synnott Lawline Solicitors we have a dedicated and professional team of solicitors who have been specialising in personal injury actions, arising out of road traffic accidents, for over 20 years. If you have been involved in a road traffic accident and require further information please give us a call and a member of our team will be more than happy to assist you.
What is Whiplash?

Whiplash is usually the result of a rear impact while in a stationary position, ie a car crash! The injury occurs when the tendons and ligaments of the neck are jerked unrestrained in a forward and backward movement. Fortunately, whiplash is not a life threatening injury, but it can lead to a prolonged period of partial disability and great discomfort. In some cases whiplash can become chronic, with more extreme symptoms including depression, anxiety and severe pain.
Start a Claim

You have two years from the date of your accident within which to make a claim after which time your case will become statute barred. If you have any legal questions or wish to start your claim, please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may have. Contact us 7 days a week by Phone: 01 453 7890 Email: info@lawline.ie or fill out our Call Back Form.