This Article sets out what to do if you are in a road traffic accident with an uninsured driver.
The Motor Insurance Bureau of Ireland (MIBI) has been set up to cover road traffic accidents involving uninsured drivers. The MIBI has been set up by agreement between the Minister for Transport and the MIBI and is funded by all motor insurance companies operating in Ireland.
People who have suffered damage or injury caused by a road traffic accident with an uninsured or untraced motorist are entitled to make their claim against the MIBI. This means that insurance companies essentially pay out on behalf of uninsured drivers involved in road traffic accidents. There are some exceptions. For example, if you have fully comprehensive insurance, you should claim against your own insurance company for any damage to your property. By agreement with the MIBI, your own no claims bonus will not be affected.
The MIBI notification form must be completed. This gives the usual details you would expect such as the time and place of the road traffic accident and the details of the parties and their vehicles. It also required details of the injuries and damage sustained and details as to how the road traffic accident occurred, and whether it was reported to the Gardaí.
Once this notification form is completed, the claim proceeds as normal. The appointed insurance company deals with the claim for damage to the vehicle (if applicable) and the claim for personal injuries is submitted to the Injuries Board and the MIBI are named as a Respondent.
Firstly, there is the claim form to be completed. Secondly, the MIBI has increased rights over normal respondents in their ability under the MIBI agreement to demand documents such as medical records and reports. Thirdly, the MIBI is entitled to have the claimant interviewed should the need arise and the claimant must answer reasonable questions. This should be confined to questions relevant to the progressing of the claim. The claimant should also cooperate with any investigation into the accident.
Claims for damage to property are also limited in some cases. Damage to property caused by unidentified drivers (as opposed to traced but uninsured) is not compensatable if it is not accompanied by personal injuries involving a hospital stay of 5 days or more.
So the process is relatively straight forward and those injured by uninsured or untraced motorists in road traffic accidents have significant peace of mind in the circumstances.
If you have been injured by an uninsured driver contact Thomas Dowling.
Phone: 061 501100