The MIBI (Motor Insurers’ Bureau of Ireland), funded by motor insurers in Ireland, was set up to compensate victims of road traffic accidents caused by unidentified and uninsured vehicles.
There have been a couple of MIBI agreements in force with significant differences between the latest one.
The relevant agreement in force now between the MIBI and the Minister for Transport is the 2009 agreement.(There was a previous agreement in 2004 which covered accidents up to 29th January, 2009)
Personal Injuries Claims
Personal injuries claims in cases of uninsured or unidentified vehicles which will involve a claim against MIBI must still go through the Injuries Board claims procedure in the first instance.
However there are quite strict procedures to be gone through to ensure that your claim is successful, principally that you must give MIBI as much information about the accident as quickly as possible.
This would include
• making yourself available for interview in cases of an untraced driver within 30 days of making your Injuries Board application
• reporting the accident to the Gardai within 2 days (where possible)
• filling out a detailed questionnaire of the MIBI
• sharing all medical reports, treatment and damages with MIBI
• trying to find out the insurance position of the offending vehicle (if it is untraced you must notify MIBI immediately).
You will only be compensated for material/property damage where there are significant personal injuries (involving a stay of at least 5 days in hospital) arising from the accident. If there are no personal injuries and your damage is material damage alone it is very unlikely that a claim against MIBI will succeed and you will need to claim off your own insurance.
You should not lose your no claims bonus as a result.
If your claim is based on circumstances where you willingly entered a vehicle where you knew it was stolen your claim will fail as such claims are excluded.
Also, you cannot bring a claim against MIBI where you enter a car knowing it to be uninsured and subsequently suffer injuries.
All claims against the MIBI must be handled very professionally with an emphasis on
• compliance with notification requirements under the 2009 agreement
• strict adherence to time limits and conditions precedent set out in the 2009 agreement.
In short, seek professional legal advice from a solicitor if you are the unfortunate victim of an accident involving an uninsured or unidentified vehicle.
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