Road Traffic Accident Claim With An Uninsured Driver
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 an road traffic accident with an uninsured driver? In this instance, you are protected by the Motor Insurer’s Bureau of Ireland (MIBI) Agreement. In addition, this provides a framework for compensation for injuries and material damages.
To proceed with the MIBI there are conditions that must be met 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. This should be 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 a result, 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. This is unless a settlement 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 the hospital as a result of the accident for 5 days or more.
If you have suffered an injury as a result of a car accident which was no fault of your own then you are entitled to make a claim for the injury you suffered. It all starts with a conversation. So call us for a confidential chat on 1890 252467 or tell us what happened so that we can best advise and guide you.
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