Car insurance is a necessity, an expensive one at that, but is vital for us to take our cars out on the road. Insurance helps us protect our vehicles and the third party. What if you have been involved in a road traffic accident caused by an uninsured or an untraceable driver? In this instance, you will be pleased to know that you are protected by the Motor Insurer’s Bureau of Ireland (MIBI) Agreement which provides a framework for compensation for injuries and material damages.
To proceed with the MIBI there are conditions that must be satisfied first:
- Name, date of birth, PPS number and address of claimant
- Registration number, type and make of the uninsured vehicle
- Name of Garda station where the road traffic accident was reported
- Reason why the claimant considers the car to be uninsured
- Date and time of the accident
- Place of accident
- Brief description of the accident
The most significant requirement is for the claimant to make oneself available for interview by authorised agents of the MIBI within 30 days following application to the Injuries Board in untraced motorist cases. The claimant shall have the right to have his solicitor present at the interview. As this is a condition precedent to liability it is very important that claimants make their availability known within this time period.
PROPERTY DAMAGE CAUSED BY AN UNTRACED VEHICLE?
Under the 2009 Agreement, the liability of MIBI for damage to property shall not extend to damage caused by an unidentified vehicle, unless compensation for substantial personal injuries* involving a hospital stay for 5 days or more have been paid in respect of the road traffic accident causing the damage. This means that, if a person is seeking to claim for car damage, they need to be in hospital as a result of the accident for 5 days or more.
Read more about the MIBI Agreement HERE
Because of complications surrounding cases involving untraced or uninsured drivers we at Tracey Solicitors always advise clients to consult with us if they have been involved in a road traffic accident.