Personal Injury Claims Involving Uninsured Drivers

It can seem stressful when you are involved in a road traffic accident, particularly when the responsible party is uninsured or leaves the scene of the accident. In circumstances where this occurs, it can be difficult to prove liability. It is therefore vital to document any important information from the accident. The priority is always to check yourself to see if you are injured and seek medical attention once you have obtained all the necessary information from your accident.

In particular, you should take the following actions:

  • Request the personal details of the other party involved in the accident including their name, address and contact number.
  • Try to document details of the other persons vehicle including the registration, if this is not possible try to obtain the make and model of the vehicle.
  • It is important to photograph the scene of the accident and the vehicles that were involved.
  • If there are any witnesses to the accident, ask for their contact details.
  • Report the accident to the local Garda Station.
  • Report the accident to your own Insurance Company.
  • Seek the advice of a Personal Injury Solicitor.

Due to the fact that the other driver of the accident does not have insurance, or you cannot identify the driver because they left the scene of the accident, the process for taking a claim can be more complicated. Your claim will not be with the other party’s insurance as it typically would but rather the Motor Insurers Bureau of Ireland. The Motor Insurers Bureau of Ireland is a non-profit organisation that is funded by all motor insurance companies in Ireland. It was set up to provide compensation to injured parties where the accident is caused by an unidentified or uninsured driver.

Your Solicitor will first notify the Motor Insurers Bureau of Ireland of your intention to take a claim. They will then take the information you have gathered from the accident and fill out the MIBI claim form. Once your claim form has been received by the MIBI, they will begin their own investigations of the accident. This includes establishing the facts of the incident. This is often done by interviewing the involved parties. They will then attempt to establish the insurance position of the vehicle involved. Finally, they will obtain a Garda Report. The Motor Insurers Bureau of Ireland will then nominate an insurance company to deal with the claim. The Motor Insurers Bureau of Ireland is included on any application to the Personal Injuries Assessment Board or Court Proceedings. If the owner or user of the vehicle are identified, they will be included in the claim with the MIBI as co-defendants. You may be entitled to recover compensation from medical costs, loss of income and/or damages to your vehicle.

There are certain claims that are excluded under the Motor Insurers Bureau of Ireland scheme which are set out in Clause 5 of the 2009 MIBI agreement. These include circumstances where the injured party entered the vehicle which caused them injuries knowing that it had been stolen or taken by violence or if the injured party knew or should have reasonably known that there was insurance cover for the vehicle in which they were injured.

If you have been injured in a car accident caused by an uninsured or unidentified motorist, you can file a personal injury claim for the injuries you have sustained. Providing you have followed the steps mentioned above and have gathered the relevant facts about the accident. If you are seeking a Solicitor to start your claim, please do not hesitate to contact us. We will walk you through the process and ensure that you get the best advice possible.

Anthony Joyce

Anthony founded Anthony Joyce & Co. Solicitors in March 2004 in the oldest part of Dublin known as the Liberties (originally a tax free part of Dublin!!). He is focused on building the practice in certain niche areas of law such as financial litigation and personal insolvency. Entrepreneurship is in his blood and he is on the board of a number of start-ups. If Anthony is not available he could be watching a SpaceX rocket launch, spending time with his two children or playing 5-a-side.

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